"Do I Have a Wrongful Death Claim?" Gainesville and Ocala Accident Attorney Helps Answer

What is wrongful death and who is entitled to make a claim? As an experienced Gainesville and Ocala accident attorney that concentrates in wrongful death cases, here is basic information:

A wrongful death occurs when a person is killed by the negligence, misconduct, wrongful act, or omission of another person or company. A wrongful death may result from a personal injury, medical malpractice, or other tortious action like assault or battery.

Who is entitled to bring a wrongful death suit?

A decedent's personal representative for the estate may bring a wrongful death action on behalf of the decedent's survivors, such as:

  • A spouse;
  • Minor or Adult Children;
  • A parent of the decedent; and
  • Other persons dependent on the decedent.

The class of survivors in a medical malpractice case is more limited by statute than in other cases.

What are the essential elements of a Wrongful death suit?

Essentially, a wrongful death action is based on the elements of negligence, resulting in the death of the victim. The following elements must be proved:

1) a legal duty owed by the defendant to the plaintiff;

2) breach of that duty by the defendant;

3) an injury to the plaintiff legally caused by the defendant's breach; and

4) damages as a result of the injury.

Other elements may apply in a medical malpractice suit, such as proof that a doctor or health care provider's negligence breached the prevailing professional standard of care. Elements may vary in a tortuous injury action too.

What damages are recoverable in a wrongful death action?

In most wrongful death suits, these damages may be recoverable under F.S. §768.21(2010), which governs damages:

  • Medical bills;
  • Spouse's or child's loss of companionship;
  • Survivor's pain and suffering;
  • Value of lost support and services, which may include probable lost or future income;
  • Funeral expenses; and
  • A decedent's estate may recover for loss of earnings and medical and funeral expenses.


By statute, certain damages are not recoverable in medical malpractice cases resulting in wrongful death.

What law regulates wrongful death?

Wrongful death is regulated by the "Florida Wrongful Death Act," under F.S. §§768.19 to 768.26 (2010).

As a wrongful death attorney in north central Florida with more than 30 years experience, I urge survivors to seek counsel from a knowledgeable attorney, who is experienced in handling such cases. Every wrongful death is individual.


If you think you may have a wrongful death case, please feel free to contact me, Jeffrey Meldon, at 800 373 8000 I will be glad to help you make sense of it all at no cost to you.


For more information please see,

What is the difference between Personal Injury and Wrongful Death?





We at the Law Office of Jeffrey Meldon and Associates strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.  

We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 30 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls and medical malpractice are all included in our practice.

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Contact the Law Office of Jeffrey Meldon at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident.  We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you - we are here to help you.

We proudly handle accidents that occur on all roads and in the areas including: I-75, I-10, I-95, U.S. Route 301, U.S. Route 441, State Road 40, State Road 26, State Road 24, Archer Road, Main St, and University Avenue.  Our law firm has  been representing accident victims in Gainesville, Ocala, Lake City, Inverness, Palatka, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton,  Leesberg,  Lake Butler,  Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua, Marion, Columbia, Citrus, Volusia, Sumter, Levy, Lake, Bradford, Flagler, Hamilton, Dixie, Gilchrist, Union, Hernando, Suwannee, Union, and Putnam, and, since 1971!