When initiating a wrongful death cause of action, it is important to understand the legal authority for such cases. In Florida, there is no common law cause of action for wrongful death claims. However, a wrongful death action is a statutory right under Florida’s Wrongful Death Act, pursuant to Florida Statutes 768.16-68.26. The legislative intent of the statute is that the remedial provisions be liberally construed. The courts must construe the Act liberally to comply with its remedial purpose. Florida’s public policy requires that the wrongful death claim shift the losses from the survivors of the decedent to the wrongdoer.

Damages are recoverable by a decedent's surviving beneficiaries for the defendant's wrongdoing. However, under the Wrongful Death Act the personal representative of the decedent must institute the wrongful death action on behalf of the surviving beneficiaries and the estate. The purpose of this requirement is to eliminate multiple suits from each surviving beneficiary.

Your West Palm Beach wrongful death attorney can protect your legal rights under Florida Law and ensure that your losses be remedied by the defendant.