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What Happens if a Personal Injury Results in Death in Florida?
When an individual suffers a severe injury from a catastrophic car accident, medical malpractice, or a defective product, they generally have the right to file a personal injury lawsuit to recover their medical bills and pain and suffering. But what happens if those injuries tragically prove fatal before the lawsuit is resolved, or even before it is filed?
In Florida, when a personal injury results in death, the legal claim does not die with the victim. Instead, the case legally transforms into a wrongful death claim. Navigating this transition requires strict adherence to Florida’s probate laws and the Florida Wrongful Death Act (Florida Statutes § 768.16 – 768.26).
At the Law Offices of Jason Turchin, our compassionate wrongful death lawyers can guide grieving families through both the civil litigation and the required probate processes. We can handle the heavy legal lifting so you can focus on your family.
👉 Call (800) 337-7755 today or use our live chat for a free, strictly confidential consultation. You will not pay any attorney’s fees or out-of-pocket costs unless we win your case.
The Transition From Personal Injury to Wrongful Death
If the victim filed a personal injury claim while they were still alive but passed away due to those specific injuries before the case settled, the original personal injury lawsuit must be formally amended. The court could dismiss the victim as the plaintiff and substitute the Personal Representative of their Estate in their place.
If the victim passed away as a result of the accident, a standard personal injury case is never filed. Instead, the family must generally pursue a wrongful death action.
Who Is Allowed to File the Lawsuit in Florida?
This is one of the most misunderstood aspects of Florida law. Unlike some states where any close relative can sue the at-fault party, Florida law dictates that only the Personal Representative (Executor) of the deceased’s Estate can file a wrongful death lawsuit.
The Personal Representative can file the lawsuit on behalf of two distinct entities:
- The Decedent’s Estate (to recover financial losses to the estate itself).
- The Eligible Survivors (to recover damages for the family’s emotional and financial losses).
If the victim did not leave a will naming a Personal Representative, the Florida probate court will appoint one, typically the surviving spouse, an adult child, or a parent. Because our firm works with various probate attorneys, we can help open the estate and initiate the Florida wrongful death claim.
Who Are the “Eligible Survivors”?
While the Personal Representative files the lawsuit, the financial compensation is distributed to the eligible “survivors” as defined by the Florida Wrongful Death Act. Eligible survivors typically include:
- The deceased person’s spouse.
- The deceased person’s children (though the types of damages adult children can recover are more limited than those available to minor children).
- The parents of the deceased.
- Any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for financial support or services.
What Compensation Is Available in a Fatal Injury Case?
Because the lawsuit is brought on behalf of both the Estate and the Survivors, the damages are split into two categories.
Damages Recoverable by the Estate
- Lost Net Accumulations: The estimated value of the earnings the deceased would have saved and left to the estate had they lived a normal life expectancy.
- Medical Expenses: Any medical bills that were charged directly to the estate resulting from the fatal injury (such as emergency room care or life support before death).
- Funeral and Burial Costs: Expenses paid directly by the estate.
Damages Recoverable by the Surviving Family
- Loss of Support and Services: Compensation for the financial contributions and household services the deceased provided to the family.
- Loss of Companionship and Protection: Specifically awarded to a surviving spouse for the emotional void left by the loss of their partner.
- Loss of Parental Companionship, Instruction, and Guidance: Awarded to the surviving minor children.
- Mental Pain and Suffering: Florida law allows survivors to recover significant compensation for the profound grief and emotional trauma caused by the sudden, preventable death of their loved one.
Who may make a claim, however, depends on the family dynamic, the ages of survivors, and who is still alive.
Strict Deadlines: The Florida Statute of Limitations
Time is of the essence when a personal injury results in death. In Florida, you generally have only two years from the date of death to officially file a wrongful death lawsuit.
Because your attorney must often investigate the accident, gather expert witnesses, open the estate in probate court, and appoint the Personal Representative before the lawsuit is even be filed, it is generally critical that you contact Florida wrongful death attorneys as soon as possible.
Frequently Asked Questions (FAQs)
Do we have to pay taxes on a wrongful death settlement in Florida?
Generally, no. The IRS typically considers compensatory damages for physical injuries or wrongful death to be tax-free. However, if any portion of the settlement includes punitive damages or interest, that specific portion may be taxable. We always recommend consulting with a tax professional regarding your settlement distribution.
Are punitive damages available if a personal injury results in death?
Yes. If the at-fault party’s actions were intentionally malicious or showed a reckless disregard for human life (such as a drunk driving crash or extreme corporate negligence), the estate may pursue punitive damages to financially punish the wrongdoer.
What if my loved one died from an unrelated cause while their personal injury case was pending?
If the victim dies from an entirely unrelated cause (for example, they were injured in a car accident but later died of a pre-existing heart condition), the personal injury case becomes a ‘Survival Action.’ The Personal Representative steps in to continue the lawsuit to recover the personal injury damages the victim suffered while they were still alive. It does not become a wrongful death case.
How long does a Florida wrongful death lawsuit take to settle?
Because of the complexities of probate court and high-value insurance negotiations, these cases can take anywhere from several months to a few years if the case goes to a jury trial. Our attorneys can work diligently to secure a fair, maximum settlement as efficiently as possible so your family can find closure.
Contact VictimAid Today
If a personal injury tragically resulted in the death of your loved one, you do not have to face the legal system alone. The Law Offices of Jason Turchin has over 20 years of experience fighting for victims’ rights across Florida. Contact our legal team today at (800) 337-7755 for a free, confidential consultation.
