Filing a wrongful death lawsuit in Florida requires appointing a personal representative through probate proceedings who then initiates liability in law action on behalf of the estate and survivors.
1. Appoint Personal Representative: The probate court appoints a personal representative of the decedent’s estate through formal probate proceedings, as this individual holds exclusive authority to file the wrongful death action.
2. Investigate Liability: Attorneys gather police reports, witness statements, medical records, and opinions from experienced professionals establishing that negligence, wrongful conduct, or breach of contract caused the death.
3. Identify All Beneficiaries: The complaint must identify all potential beneficiaries including surviving spouse, minor children, parents, and adult children, as failure to include beneficiaries may bar their later claims.
4. Calculate Damages: Attorneys quantify economic damages including lost support, services, earnings, medical expenses, and funeral costs, plus non-economic damages such as loss of companionship, mental pain and suffering, and loss of parental guidance.
5. File Complaint: The personal representative files the wrongful death complaint in the appropriate Florida circuit court naming all defendants and beneficiaries.
6. Serve Defendants: Legal process servers deliver complaint copies to all named defendants initiating the formal litigation process.
7. Conduct Discovery: Both parties exchange documents, conduct depositions, and retain experienced witnesses supporting their positions on liability and damages.
8. Negotiate Settlement: Attorneys engage in settlement discussions and mediation conferences attempting to resolve the case without trial.
9. Proceed to Trial: Cases that do not settle advance to jury trial where evidence is presented and damages are determined.