Key Differences Between Wrongful Death and Personal Injury Claims in Florida

Understanding the legal distinctions between wrongful death and personal injury claims in Florida is crucial for individuals navigating the complexities of the legal system following an accident. While both types of claims stem from harm caused by another party’s negligence or intentional actions, they serve different purposes and involve distinct legal considerations.

Below, our personal injury lawyer discusses some of the specifics regarding those differences, including the definitions of wrongful death and personal injury claims, who can bring each type of claim, what types of damages are available in each, and the procedural differences between wrongful death and personal injury claims in Florida.

Definitions and Purpose

Personal Injury Claims: A personal injury claim is brought by a person who has suffered an injury to their body, mind or emotions as a result of another person’s act of negligence, recklessness or intentional misconduct. The primary purpose of a personal injury claim is to compensate the injured person for bodily injury, pain and suffering, mental anguish, loss of enjoyment of life, lost earnings, loss of earning capacity, disfigurement, disability, past and future medical expenses, and other losses related to the accident.

Wrongful Death Claims: Wrongful death claims are filed by the heirs or estate of a person who died as a result of a negligent or wrongful act committed by another individual or entity. The purpose of a wrongful death claim is for the survivors to recover the losses they suffered because of the death. Those losses include both economic and non-economic damages.

Eligibility to File a Claim

Personal Injury Claims: The injured person (plaintiff) has the right to file a personal injury claim. If the injured party is a minor, a parent or legal guardian may file the claim on their behalf.

Wrongful Death Claims: In Florida, a wrongful death claim must be brought by the personal representative of the deceased person’s estate. The representative sues on behalf of the survivors who are the beneficiaries of any damages that may be recovered. Surviving family members who may be eligible to benefit from a wrongful death lawsuit include a surviving spouse, children, parents, and any blood relatives or adopted brothers and sisters who were financially dependent on the deceased.

Types of Damages

Personal Injury Claims: The damages awarded in personal injury claims are intended to make the injured party whole. These damages can be classified into two main categories:

• Economic Damages: These include medical expenses, lost wages, and any other out-of-pocket costs incurred as a result of the injury.
• Non-Economic Damages: These compensate for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms.

Wrongful Death Claims: Damages in wrongful death claims are aimed at compensating the survivors for their losses. Florida law categorizes these damages as follows:

• Economic Damages: These cover the financial contributions the deceased would have made to their family, including lost wages and benefits, as well as funeral and medical expenses related to the death.
• Non-Economic Damages: These address the emotional impact of the death on the surviving family members, such as loss of companionship, guidance, and emotional support.
• Punitive Damages: In cases where the defendant’s actions were particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Burden of Proof

Personal Injury Claims: To succeed in a personal injury claim, the plaintiff must prove by a preponderance of the evidence that the defendant’s negligence or intentional act directly caused their injuries. This involves demonstrating that the defendant owed a duty of care, breached that duty, and that the breach directly resulted in the plaintiff’s injuries and damages.

Wrongful Death Claims: The burden of proof in wrongful death claims is similar to that in personal injury claims. The personal representative must establish that the defendant’s negligence or wrongful act caused the death of the deceased. This requires proving the same elements: duty of care, breach of duty, causation, and damages.

Statute of Limitations

The statute of limitations as it applies to personal injury claims in Florida is two years, which is the time period during which the injured party may file a claim. If the claim is not filed within this timeframe, the injured party is likely to lose any right to compensation.

Likewise, the statute of limitations for cases arising out of wrongful death is the same as for personal injury claims. It is generally two years from the date of death. If the case isn’t filed within that time, usually the claim is lost.

Settlement and Trial

Personal Injury Claims: Many personal injury claims are settled before trial. The settlement negotiations take place between the plaintiff, his or her attorney, and the defendant’s insurance company. If no settlement is reached, a trial will take place. The judge or jury will determine the outcome.

Wrongful Death Claims: Likewise, a wrongful death claim typically ends in a settlement out of court. The personal representative, with his or her attorney, will negotiate with the defendant’s insurer to reach an appropriate settlement. If a settlement cannot be reached, the case will go to trial, where the evidence will be presented to a judge or jury, and the amount of compensation will be determined.

Comparative Negligence

Personal Injury Claims: Florida is a comparative negligence state, so if the injured party is found partially at fault for the incident, their damages will be reduced by their percentage of fault. For example, If the plaintiff is found to be 20% at fault, then their total damages will be reduced by 20%.

Wrongful Death Claims: Similar to claims for personal injury, if comparative fault is at issue, the jury can reduce the amount of the recovery for wrongful death by the proportion that the decedent’s own negligence contributed to the event causing the death.

Emotional and Psychological Considerations

Personal Injury Claims: When pursuing a personal injury claim, the injured person must revisit the accident, deal with the physical pain (if any), and go through the stress of a lawsuit.

Wrongful Death Claims: Family grief and emotional distress are profound in wrongful death claims, but it is also a time for the bereaved family to address the injustice of the loss and gain a sense of closure from the legal process. 

Let Our Skilled Personal Injury Attorney Help You With Your Case

While wrongful death and personal injury claims in Florida share some similarities, they are fundamentally different in terms of purpose, eligibility, damages, and legal procedures. Understanding these distinctions is crucial for individuals seeking justice and compensation following an accident. Whether you are pursuing a personal injury claim for your own injuries or a wrongful death claim on behalf of a deceased loved one, consulting with an experienced attorney is essential to navigate the legal complexities and ensure your rights are protected. Taking informed and timely action can make a significant difference in the outcome of your case and help you achieve the compensation and closure you deserve. Contact our office right away.