Losing a loved one unexpectedly is devastating. Families not only grieve the emotional loss but also face the sudden reality of medical bills, funeral expenses, and the financial gap left behind. Many turn to the legal system, hoping for answers and accountability. In Florida, wrongful death claims can either be resolved through settlement or proceed to trial. Understanding when a case is likely to reach a courtroom is essential for families making critical decisions during a difficult time.
Wrongful death cases in Florida are governed by the Florida Wrongful Death Act, codified at Florida Statutes §768.16–768.26. This statute defines how claims are pursued, who may bring them, and the types of damages available. Whether a case is settled or tried before a jury depends on several factors, from the strength of evidence to the willingness of insurance companies to negotiate fairly.
Who Can File a Wrongful Death Case in Florida
Unlike personal injury claims, family members cannot file wrongful death lawsuits directly. Instead, Florida law requires the personal representative of the deceased’s estate to bring the case on behalf of eligible survivors. Eligible survivors may include a spouse, children, parents, and, in some cases, dependent relatives. This structure ensures claims are organized under one action, rather than multiple lawsuits.
Common Paths to Resolving Wrongful Death Cases in Florida
Most wrongful death claims in Florida are resolved through settlement rather than trial. Settlement occurs when the insurance company or defendant agrees to pay damages in exchange for closing the case. Settlements allow families to secure compensation faster and avoid the uncertainty of court. However, insurers often minimize payouts, forcing families to decide whether litigation is necessary.
When settlement is not possible, the case proceeds through litigation stages, including discovery, motions, and trial. At trial, a jury evaluates the evidence, determines liability, and awards damages if the plaintiff succeeds.
Why Some Florida Wrongful Death Cases Go to Court
Several circumstances increase the likelihood that a wrongful death case will reach trial in Florida:
- The insurer disputes liability and claims their policyholder was not at fault.
- Evidence is contested, such as conflicting witness statements or medical records.
- The damages sought are substantial, and the defendant refuses to negotiate.
- Multiple defendants are involved, complicating settlement talks.
- The parties fundamentally disagree on the value of the claim.
In these situations, litigation may be the only path toward justice and adequate compensation.
Types of Damages in a Florida Wrongful Death Case
Florida law allows both economic and non-economic damages in wrongful death claims. Families may pursue compensation for medical bills, lost earnings, funeral expenses, loss of companionship, and emotional pain. The specific damages depend on the survivor’s relationship to the deceased and the circumstances of the case.
The Settlement Process vs. Trial in Florida Wrongful Death Claims
While settlement is often the first goal, the path to resolution can follow different stages.
- Filing a wrongful death complaint through the personal representative.
- Engaging in pre-litigation negotiations with the insurer.
- Entering formal discovery, where evidence such as medical records, accident reports, and expert testimony are exchanged.
- Attending mediation or arbitration sessions.
- Proceeding to trial if no fair settlement is reached.
Families should understand that while trials take longer and add stress, they can also result in higher awards if a jury rules in favor of survivors.
Factors That Push a Florida Wrongful Death Case Toward Settlement
Although litigation is possible, most wrongful death claims still resolve without trial. Some of the most influential factors pushing toward settlement include:
- Strong evidence of negligence, making liability difficult to dispute.
- Financial urgency of surviving family members.
- Desire to avoid lengthy litigation and reliving traumatic events.
- Insurance companies calculate the risks of trial and prefer certainty.
These elements often encourage both sides to compromise rather than face the unpredictability of a jury verdict.
Statute of Limitations for Wrongful Death in Florida
Timing is critical. Under Florida Statutes §95.11(4)(d), families generally have two years from the date of death to file a wrongful death lawsuit. There are exceptions in cases involving medical malpractice or government defendants, but missing the deadline usually bars recovery. This short timeframe underscores the importance of contacting an attorney promptly.
Practical Example: When Florida Wrongful Death Cases Go to Trial
Consider this scenario: A Miami family lost a father in a trucking accident. The trucking company’s insurer initially offered a low settlement of $250,000, claiming the driver was partially at fault for being fatigued. The family’s attorney presented compelling evidence of the truck driver’s hours-of-service violations and black-box data showing reckless driving. Because the insurer refused to increase its offer, the case went to trial. A jury ultimately awarded the family $3.5 million, sending a message about accountability and the true value of their loss.
This example illustrates why some cases cannot be resolved outside court insurers may only act fairly when pressured by the possibility of a large jury verdict.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you are facing the heartbreak of a wrongful death in Florida, you may be wondering whether your case will settle or require trial. Every family’s circumstances are different, and the outcome often depends on the evidence, the insurance company’s position, and the damages at stake.
At Brandon J. Broderick, Attorney at Law, our Florida wrongful death lawyers fight tirelessly for families — whether at the negotiating table or in the courtroom. We understand the financial and emotional challenges you face, and we are committed to securing justice on your behalf. From settlement discussions to full litigation, our team will stand by your side, ensuring your voice is heard and your rights are protected.