Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida’s Wrongful Death Act, only the personal representative of the victim’s estate can file a wrongful death lawsuit. This party can act on behalf of the victim’s surviving immediate family to recover compensation and hold the liable party accountable.
Working with a Florida wrongful death lawyer will ensure you understand the laws governing the process and pursue maximum compensation based on the facts of the case. Most provide free consultations so you can learn more.
Can You Sue for Your Loved One’s Wrongful Death in Florida?
Under Florida Statutes § 768.19, families who lost loved ones because of someone else’s negligence can seek compensation for their losses. In general, if the party could have filed a personal injury lawsuit based on their injuries had they survived, their personal representative can file a wrongful death lawsuit after their death.
There are a wide range of accident and incident types that support Florida wrongful death lawsuits. This includes traffic accidents, falls, premises liability accidents, defective products, medical malpractice, birth injuries, and more.
Before you can pursue a wrongful death lawsuit, the Florida courts must recognize you as the deceased’s personal representative. Only then can you proceed with the case and sue for wrongful death.
Who Is the Personal Representative for Wrongful Death in Florida?
Florida law allows only the decedent’s personal representative to file a wrongful death lawsuit. This is the party named in the will as the executor or administrator of the estate. If there is no will, the court will appoint a personal representative to manage the estate.
Often, the victim’s personal representative is a surviving spouse, parent, or adult child, whichever is the closest surviving relative. However, it could be another party the decedent trusted with their estate, such as a lawyer or financial planner.
If you are unsure who the personal representative is in your loved one’s case or have not yet gone through the probate process, contact a wrongful death attorney anyway. Most provide a free consultation, and they can often help you understand who should represent your family and serve as the plaintiff in a personal injury case.
What Damages Can You Get for Wrongful Death in Florida?
The damages beneficiaries can recover in a Florida wrongful death action depend greatly on the circumstances and categories included in Florida Statutes § 768.21. These recoveries include the expenses spent and losses incurred by the surviving spouse, children, or parents.
Some of the most common recoverable damages in a Florida wrongful death case include:
- Medical and funeral expenses
- Wages or salary the victim would have earned
- Loss of other benefits
- Lost support and services
- Loss of companionship and protection
- Pain and suffering of the victim before their death
- Survivors’ emotional distress
Your family’s attorney will identify and document the recoverable damages based on the facts of your case. Their experience with these cases and knowledge of the laws surrounding them allow them to maximize your financial recovery by seeking compensation for a full range of damages.
What Is Considered a Wrongful Death in Florida?
Under the Florida Wrongful Death Act, a person suffers a wrongful death when someone else’s careless actions lead to death. Under the applicable statutes, these deaths occur because of a “wrongful act, negligence, default, or breach of contract or warranty of any person.”
In other others, you likely have a viable wrongful death action if your loved one could have pursued a personal injury case had they survived their injuries.
To hold the liable party or parties responsible, you must show they were responsible for your loved one’s injuries and death. Your lawyer will investigate what occurred, gather evidence, and pursue compensation. These cases often end in a negotiated settlement or litigation and a civil trial.
Who Are the Beneficiaries of Wrongful Death in Florida?
The beneficiaries of a Florida wrongful death action could include the personal representative, but this is not always the case. The personal representative files the lawsuit on behalf of the beneficiaries. This list could include:
- The surviving spouse
Any minor children, generally those under the age of 25 - Adult children, if no surviving spouse or minor children
- The parents, if no spouse or children
- Other family members who were dependent on the victim
The beneficiaries of a wrongful death action differ from case to case. It relies strongly on the family structure and who relied on the victim for support and services. When filing a wrongful death lawsuit in Florida, the complaint must include a list of all beneficiaries who want to recover a payout in the case.
If you are unsure who can receive a portion of the money recovered in your family’s wrongful death lawsuit, your attorney will work with you to identify each potential beneficiary and document their relationship with the victim.
What Is the Deadline for Filing a Florida Wrongful Death Lawsuit?
In general, you only have two years from your loved one’s death to file a wrongful death action per Fla. Stat. § 95.11. Missing this deadline could make the court bar you from pursuing the case, preventing you from proceeding with your case. Ensuring you meet all deadlines in the case is vital to your financial future.
Contact an attorney as soon as possible after your loved one’s death. This is the best way to protect your rights and help all potential beneficiaries get the money they deserve after the tragic death of a loved one.
Talk to Our Team About Your Family’s Florida Wrongful Death Case Today
Meldon Law provides free consultations for families who have lost a loved one in Florida. Our wrongful death attorneys will help you determine who can file a lawsuit in Florida to recover compensation for your family.
Contact us for your free case review today.
