Who Can File a Wrongful Death Lawsuit in Florida?

When a loved one dies due to another person’s negligence, the abrupt change can be overwhelming, and the long-term consequences can be catastrophic. Despite improvements in safety practices over the generations, negligence re-occurs and wrongful deaths still happen . Between serious car crashes, medical negligence, and dangerous premises or equipment, families throughout the state are forced into situations they never saw coming.

As the surviving family members process the loss, many find themselves asking about the rules for a wrongful death claim in Florida. Read this blog and reach out to an Indian River County wrongful death lawyer from Ullian Trial Law to learn more. Here are some of the questions you may have:

Who Is Allowed to File a Wrongful Death Claim in Florida?

Under Florida law, a wrongful death claim can be filed only by the Court-appointed personal representative of the deceased person’s estate. That is the rule, and it applies in nearly every case.

Although the claim is brought by the personal representative of the estate, that person does not necessarily benefit from the claim themselves at all. While the personal representative is the one who formally files the lawsuit, the claim itself is brought on behalf of the qualified surviving family members and the estate. Here’s how the process typically works:

• If the deceased had a will, the will likely names a personal representative.
• If there is no will, the court will appoint a personal representative.
• That personal representative then files the wrongful death lawsuit and names as claimants all qualified survivors.
• Any compensation recovered is distributed to eligible survivors and the estate according to Florida law.

In other words, individual family members do not usually file separate wrongful death lawsuits on their own. The estate brings one unified claim that covers everyone who is legally entitled to recover damages.

Which Family Members Can Recover Compensation?

Though the personal representative files the claim, Florida law specifically identifies which survivors may receive each category of compensation. Not every relative automatically qualifies, and the details matter. Depending upon the type of wrongful death claim, the following individuals are the most likely to be eligible:

• The surviving spouse
• Minor children
• Adult children, in certain circumstances
• Parents of the deceased
• Other blood relatives or adoptive siblings who were financially dependent on the deceased

For example, a surviving spouse may seek compensation for lost companionship, protection, and emotional suffering. Minor children may recover damages for the loss of parental guidance and support. Parents who lose a minor child may also pursue compensation for mental pain and suffering.

Additionally, the estate itself may recover damages such as the following:

• Medical bills related to the final injury
• Funeral and burial expenses
• Lost wages from the date of injury to the date of death
• Loss of future financial contributions in some cases

There is significant nuance to Florida law on wrongful death, particularly as it relates to survivors and categories of damages recoverable. Accordingly, this type of claim necessitates the assistance of a competent wrongful death attorney

What Should You Do If You Believe You Have a Claim?

Though no legal action can undo a tragic loss, pursuing a wrongful death claim can restore some financial stability and a provide sense of accountability. In these claims, time is of the essence.

In Florida, the statute of limitations for most wrongful death claims is two years from the date of death. If that deadline passes, you may lose the ability to pursue compensation entirely. Under some circumstances, it may be wise to bring a claim well before that deadline.

If you believe your family has a claim, you should consider taking the following steps:

• Confirm whether an estate has been opened in probate court.
• Determine who has been appointed personal representative.
• Preserve any evidence related to the incident.
• Avoid speaking with insurance companies without legal guidance.
• Speak with an experienced Florida personal injury attorney as soon as possible.

If you have any further questions or would like to speak with a knowledgeable and compassionate attorney about your case, please don’t hesitate to contact Ullian Trial Law for a free initial consultation today.