skip to content
Home Wrongful Death The Complexities

The Complexities of Wrongful Death Cases

According to the Florida Wrongful Death Act one can file a lawsuit against the responsible person when any death is caused by any "wrongful act, negligence, default, or breach of contract or warranty." Thus, this definition of wrongful death includes intentional acts, negligent acts and breach of contract and warranty (i.e., product defects). Although per this definition, understanding who may recover what in a Florida wrongful death action may seem straight forward, it is far from simple in application. There are numerous cases that offer different interpretations on what qualifies as a wrongful death, who can sue and who is entitled to what.

Besides the more limitations on a surviving child’s, parent or spouse’s right to sue as discussed in other articles, the Florida Wrongful Death Act is full of other complicating factors and special rules on who may recover in a wrongful death lawsuit. These complexities include such issues as common law marriages, intent to divorce, remarriage, intention to remarry, adopted children, children born out of wedlock, biological fathers versus stepfathers, stepchildren, posthumous children (meaning child unborn at the time of the parent’s death), illegitimate children, stillborn children, divorced parents and financial dependency.

These complexities are far too many to cover in detail here, which is why it is essential that you seek the advice of an experienced Florida Wrongful Death attorney. Trying to decide which of these many rules apply to your case and how they affect your right to recovery yourself will be frustrating and, if not done correctly and within a specific timeframe, could limit – if not bar – your right to sue. As if these rules are not complicated enough, but they are also regularly updated and amended – both by statute and case law. Keeping up with these changes and understanding how they can influence your case is next to impossible for someone lacking the necessary legal resources.

To ensure your rights are protected and for more information on actions under the Florida Wrongful Death Act, contact the Law Offices of James O. Cunningham, P.A., at 877-FL-INJURY (877-354-6587) for a free initial consultation.

Do I Have A Case?

padlock 100% Secure and Confidential

Martindale Hubbell | Highest Ethical standing
  • 5 StarsI would most definitely recommend James Cunningham for a Personal Injury Attorney

    We interviewed 3 different lawyers before we chose Mr. Cunningham. We are glad we did. I felt besides helping us with the needed funeral expenses for my father, he was honest, upfront, and of the highest ethics.

    - Jay, a Wrongful Death client
  • Bar Register Preeminent Lawyers
  • The Florida Bar Board Certified
  • NBLSC Board Certified Lawyers
  • Multi-Million Dollar Advocates Forum
  • Lead Counsel Rated
  • Avvo Rating 10.0 Superb
  • The Florida Bar Certified Civil Trial Lawyer
  • Avvo Clients' Choice Personal Injury
  • Avvo Rating 10.0 Superb Top Attorney Personal Injury
  • Martindale-Hubbell AV Preeminent High Ethical Standing
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Florida Legal Elite

Client Testimonials

5 StarsGreat Service (auto accident)
After totalling my vehicle my father recommended I retain Mr. Cunningham. A little online research lead us to Mr. Cunningham who made this case an easy process and educational. I recommend Jim Cunningham. He is doing a great service. Tyrone, an Auto Accident Client

5 StarsOutstanding Attorney
I was in an automobile accident and didn't know where to turn. My son-in-law recommended James Cunningham and I am so happy I took his advice. James and his staff were very professional and compassionate in guiding me through a difficult time. I highly recommend him. Hilda, an Auto Accident Client

5 StarsExcellent Service
Mr Cunninghan was a consientious, competant attorney and very professional. His service was excellent and we would recommend him highly. Barbara his assistance was also excellent in her services to us both. Lawrence, a Car Accident client

Read Reviews

Request a free 30-minute case evaluation with attorney James O. Cunningham. Request Free Evaluation

Close Form

Receive a free case evaluation.

All submissions are personally reviewed by attorney James O. Cunningham within hours.

padlock 100% Secure and Confidential