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Q & A Regarding Florida’s Wrongful Death Laws

July 11, 2011

Q. What is a wrongful death lawsuit?

A. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

 Q. What are some types of wrongful deaths in Florida?

A. Florida wrongful deaths can result from any of the actions listed below:

Q. How does Florida handle wrongful deaths?

A. The Florida Law governing wrongful death is called “the Florida Wrongful Death Act” which is part of the Florida statutes (Sections 768.16 – 768.26).

 Q. Who may receive compensation under the Florida Wrongful Death Act?

A. The Florida Wrongful Death Act defines survivors as follows:

Q. What type of damages or monetary compensation is available according to Florida’s Wrongful Death Act?

The law firm of Lawlor Winston provides the very best representation to their clients – ensuring they are represented at the highest and most effective levels, focusing on protecting the rights of individuals and families. Practice areas include Catastrophic Personal Injury including Wrongful Death, Auto Accidents, Premises Liability, Insurance Bad Faith Disputes, Professional Malpractice, Commercial Litigation, Maritime/Admiralty, Labor & Employment Disputes and ERISA Claims. The firm is headquartered at 2211 Davie Blvd, Ft. Lauderdale, FL 33312. They may be contacted at 954-525-2345. Additional information about Lawlor Winston may be obtained from the Firm’s website at