When a wrongful death claim in Florida results in a judgment or settlement that feels unjust, families often wonder if they can appeal the decision. While the legal process around wrongful death claims is complex, the right to challenge a court’s decision is a vital part of the justice system. Here’s what you need to know about appealing a wrongful death claim in Florida.

Understanding Wrongful Death Claims in Florida

A wrongful death claim happens when a person’s death is caused by another’s careless, reckless, or deliberate actions. Florida law, under the Wrongful Death Act (Chapter 768, Florida Statutes), allows the deceased’s personal representative to bring a claim on behalf of surviving family members, including spouses, children, parents, and, in some cases, dependent relatives. These claims seek compensation for financial losses like medical expenses, lost income, and funeral costs, in addition to non-economic damages like loss of companionship and mental pain.

Can a Wrongful Death Claim Be Appealed?

Yes, wrongful death claims can be appealed in Florida. However, it’s essential to understand that an appeal is not a re-trial. The appellate court reviews the legal aspects of the trial to determine if errors occurred that affected the outcome. The goal of an appeal is to ensure the trial was conducted fairly and according to the law.

Here are some key points about appeals in these cases:

• Grounds for Appeal: Appeals are typically based on procedural errors, incorrect application of the law, or improper admission or exclusion of evidence. If the trial court made a legal mistake that materially impacted the outcome, the appellate court might reverse the decision or order a new trial.
• Timing: Florida’s appellate rules set strict deadlines. Generally, a notice of appeal must be filed within 30 days of the final judgment. Missing this window can mean forfeiting the right to appeal.
• No New Evidence: An appeal focuses solely on the trial record. New witnesses or evidence cannot be introduced at this stage. The appellate court’s job is to determine if the trial was fair and legally sound.

Appealing a Settlement Agreement

While court verdicts can be appealed, settlement agreements are generally binding. A settlement in a wrongful death case represents a voluntary agreement between the parties, usually negotiated outside of court. Once finalized, these agreements are legally enforceable and cannot be appealed except in very limited circumstances, such as when evidence of fraud, coercion, or misrepresentation surfaces.

Who Can File an Appeal?

In Florida, the personal representative of the deceased’s estate has the right to file an appeal in a wrongful death case. The personal representative acts on behalf of the surviving family members and manages the legal process. If a family member disagrees with the decision but is not the appointed representative, they generally cannot file an appeal directly. Instead, they may need to consult with the representative or, in rare cases, seek legal action to challenge the representation.

The Appeals Process: Step by Step

1. Notice of Appeal: The appealing party (the appellant) files a notice of appeal with the trial court and the appropriate appellate court.
2. Preparation of the Record: The trial court’s record, including transcripts and exhibits, is prepared for review.
3. Briefs: Both sides submit written arguments outlining their positions. The appellant argues for reversal, while the appellee defends the original decision.
4. Oral Argument: In some cases, the appellate court may schedule an oral argument where attorneys present their positions and answer questions.
5. Decision: The appellate court issues a written opinion. It can affirm the decision, reverse it, or remand the case for further proceedings.

How Long Does an Appeal Take?

The appellate process in Florida wrongful death cases can take several months to over a year, depending on the complexity of the case and the court’s docket. Factors such as the length of the trial, the volume of the record, and the court’s schedule can all affect timing.

What Happens if the Appeal is Successful?

If the appellate court finds major legal errors, it often will reverse the trial court’s decision or send the case back for a new trial. In some cases, the appellate court may adjust the damages awarded. However, a successful appeal doesn’t always guarantee a better outcome. The retrial could lead to a different, yet still unfavorable, result.

Why Legal Expertise Matters

Navigating a wrongful death appeal in Florida requires a deep understanding of appellate law and procedural rules. Appellate cases hinge on precise legal arguments and thorough analysis of trial records. Partnering with an attorney experienced in both wrongful death claims and appeals can make a significant difference in the outcome. They can identify viable grounds for appeal, craft persuasive arguments, and guide families through the complex appellate process.

Conclusion

Florida’s legal system allows families to challenge wrongful death verdicts or decisions through an appeal if there were errors of law or errors of procedure that occurred during the trial. However, the process is not simple, and settlement agreements are generally final unless extraordinary circumstances apply. Engaging experienced legal counsel ensures that your rights are protected and that any appeal is pursued strategically and effectively.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.