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Pursuant to Florida law, when a person dies due to the wrongful acts or omissions of a third-party, certain surviving family members are entitled to recover damages for the wrongful death of their loved one.  These are commonly known as wrongful death claims.  Damages recoverable in a wrongful death claim are specifically linked to the losses sustained by the surviving family member as a result of their loved one’s death, and include (but are not limited to) damages for lost financial support, lost companionship, lost guidance, and mental pain and suffering.

When you litigate a wrongful death claim, however, it’s important to establish that you are actually entitled to recovery.  Florida law specifically outlines the surviving family members who are entitled to recovery for wrongful death.  In many cases, recovery hinges on establishing whether you were at least partly dependent on the “support or services” provided by your deceased loved one.

The influx of new legal terminology can be overwhelming for those who are unfamiliar with litigation, generally, and with wrongful death claims.  Instead, let’s slow it down and take a look at who is entitled to recover for wrongful death under Florida law.

Survivors Entitled to Recovery

Florida statutory law outlines the surviving family members who are entitled to recover for wrongful death.  In relation to the deceased, those entitled to recover include:

• The spouse, children, and parents.
• Any blood relatives who were (during the life of the deceased) dependent at least partially on the deceased for support or services.
• Any adopted siblings who were (during the life of the deceased) dependent at least partially on the deceased for support or services.
• Child born out of wedlock, though if the deceased was the father, then the child must show that the deceased was responsible for their support.

Generally speaking, the analysis is straightforward with regard to the spouse, children, and parents of the deceased.  By contrast, close blood relatives (and various other extended or nontraditional relations) must demonstrate that they were at least partially dependent on the deceased for “support or services.”

For example, if you are the brother or sister of the deceased, you will have to show that you were at least partially dependent on the deceased for support or services in order to recover for wrongful death.  This is not a particularly strict standard, however.  In Florida, the definition of “support or services” is rather broad.

Understanding Support or Services

Florida law (section 768.18 of the Florida Statutes) clearly defines the terms “support” and “services” in the wrongful death eligibility context.

Support Definition

“Support” is a monetary contribution or contribution in kind.  For example, suppose that you are the sibling of the deceased, and prior to their death, your sibling was financially supporting you as you attended graduate school.  The financial contributions made by your deceased loved one towards your education and for daily living expenses while attending graduate school would likely qualify as “support” under Florida law.

Services Definition

“Services” typically refers to domestic service, such as cleaning, childrearing, cooking, repair and maintenance, household chores, and various other similar service contributions.  Importantly, however, services need not be purely domestic.  For example, if your cousin did your taxes and accounting free of charge, then such provision may qualify as “services” under Florida law.

It’s important to keep in mind that the “services or support” dependency need not be total in nature.  For example, your deceased sibling may have provided frequent childrearing services (i.e., babysitting your children while you were at work) in order to help you excel in your career.  This dependency can be partial, however.  As such, the evidence need only demonstrate some amount of regularity to indicate dependency, but need not demonstrate such frequency as to indicate total dependency (in other words, you do not have to show that your life would have fallen apart without the provision of such services).

If you have questions or concerns about your case, contact Randall Spivey, a skilled Fort Myers wrongful death attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  He and his team will provide a free and confidential consultation to discuss your rights under the law.