The Daily

Florida’s Wrongful Death Act: Still Being Interpreted After All These Years

There have been a lot of tweaks in the Wrongful Death Act over the years that prompt appeals and opinions clarifying how wrongful death claims may be brought.

For instance, I have litigated cases concerning who qualifies as a survivor under Florida’s Wrongful Death Act. I have also litigated changes in the law that allowed new kinds of claims but prohibited some families from taking advantage of changes in the law.

Here’s one that you would have thought would have been decided long ago.

The widow of a mesothelioma victim told the Florida Supreme Court on Wednesday that an appellate court erred when it shoehorned a requirement into the state’s Wrongful Death Act mandating that a surviving spouse be married to a victim before the victim’s injury.

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