Wrongful Death Cases and Florida Estates

What do wrongful death cases have to do with Florida probate lawsuits? Are you involved in a Florida estate matter that involves a wrongful death case? What are the elements of damages in wrongful death cases in Florida? What is Florida Statute 768.73? What should your estate lawyer know about wrongful death in Florida?  If you are involved in a Florida probate matter that involves wrongful death, you may want to read a  Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin. 

Here, the defendants argue that the trial court erred by refusing to apply the post-1999 version of section 768.73. The defendant’s argument is that the post-1999 version of the statute applies because plaintiff’s cause of action arose after 1999. The opinion states that “in civil cases, the applicable version of a statute is ordinarily the one in effect when,the cause of action arose.”  In wrongful death actions like this one, the cause of action accrues on the date of the decedent’s death. When does the cause of action accrue in a Florida probate case? To read the entire opinion, click here.