Who Can File a Wrongful Death Lawsuit in Florida?

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The death of a loved one can bring immense grief and upheaval, especially when caused by someone else’s negligence. This pain is often felt most acutely by the closest relatives, who not only cope with emotional loss but also face significant financial pressures.

If your loved one was tragically killed due to another party’s negligence, you may be eligible to file a wrongful death claim. In cases such as fatal car accidents, a skilled lawyer can guide you through Florida’s legal system, helping you understand your eligibility and options.

According to the Law Place, the average settlement amount for wrongful death lawsuits in Florida ranges from $500,000 to $1 million.

At Injury Law Pros, we understand how overwhelming it can be to lose a loved one. That is why we’re committed to making sure families get the justice they deserve. With our unique approach, we guarantee that your compensation is always equal to or more than our fees, so you can trust we have your best interests at heart. 

Key Takeaways

  • A wrongful death lawsuit seeks compensation for families when a loved one dies due to negligence or wrongful actions.
  • A personal representative can file a wrongful death suit under Florida law.
  • Families can claim economic, non-economic, and punitive damages.
  • Quickly hiring a wrongful death attorney allows for proper filing, fair compensation, and legal support.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal case filed when someone dies because of another person’s carelessness, recklessness, or intentional actions. It’s not about punishment but about making sure the victim’s family gets the support they need for their loss.

This type of lawsuit helps cover the financial and emotional toll on the family. It can pay for funeral costs, medical bills, or the loss of income the deceased provided. It’s also a way to hold the responsible person or organization accountable for their actions.

Who Can File a Wrongful Death Lawsuit in Florida?

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, only certain people can file a wrongful death lawsuit, as per state law. The primary person responsible for filing the case is the personal representative of the deceased person’s estate, and is often named in the deceased person’s will. If there is no will, the court will appoint someone to act in this role. 

This representative acts on behalf of the deceased’s family and other beneficiaries, guaranteeing any compensation awarded is distributed to the rightful beneficiaries. Individuals for a personal representative include:

  • Spouses: A surviving husband or wife can file for compensation for the loss of companionship and support.
  • Children: Minor children (under 25 years old) can seek damages for the loss of guidance, companionship, and financial support. Adult children may also qualify in certain cases.
  • Parents: If the deceased was a minor (under 18), the parents can file for emotional and financial losses. Parents of adult children may qualify if no other eligible survivors exist.
  • Other Family Members: In some cases, dependent relatives or siblings may also qualify, but only under specific circumstances.

What Damages Can Be Claimed in a Wrongful Death Lawsuit?

Families filing wrongful death lawsuits can receive significant compensation, which is legally referred to as damages. In Florida, damages cover both financial and emotional losses.

Calculating damages can be hard, and understanding common fees related to hiring a personal injury attorney can provide valuable insight into what to expect during the claims process.

3 Types of Damages 

Families filing a wrongful death lawsuit in Florida can claim various types of damages, which fall into three main categories: economic damages, non-economic damages, and punitive damages, each addressing specific aspects of the loss.

  1. Economic Damages:
    • Medical Bills: Costs related to the deceased’s final medical care.
    • Funeral and Burial Expenses: The price of laying a loved one to rest.
    • Loss of Income: The money the deceased would have earned to support their family.
  2. Non-Economic Damages:
    • Pain and Suffering: Emotional distress caused by losing a loved one.
    • Loss of Companionship: The absence of love, guidance, or support the deceased provided.
    • Loss of Parental Guidance: Damages for children who no longer have a parent to guide and care for them.
  3. Punitive Damages:
    • In rare cases, courts award these damages to punish a person or company for extreme recklessness or intentional harm.

How Are Damages Calculated?

Courts look at several factors, such as the deceased’s age, income, and relationship with the family members filing the claim. For example, a young parent may receive higher compensation than an elderly person with fewer financial responsibilities.

Statute of Limitations for Wrongful Death Lawsuits in Florida

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The state imposes a two-year statute of limitations for filing such claims, according to The Florida Bar. Acting promptly confirms that families preserve their legal rights and have access to justice. This limited time frame shows the importance of understanding legal deadlines, especially in big cases like auto accidents, where additional factors may affect the filing process.

Why is the Time Limit Important?

If you miss the deadline, you may lose your chance to file a lawsuit and seek compensation. Exceptions are rare and usually apply only in special cases, such as criminal investigations or delayed knowledge of negligence.

What Happens if You Wait Too Long?

Filing a lawsuit after the deadline means the court will likely dismiss your case. This is why it’s important to act quickly and consult an attorney as soon as possible.

6 Steps for Filing a Wrongful Death Lawsuit

Filing a wrongful death lawsuit involves several steps, including appointing a personal representative, gathering evidence, and submitting the claim to the appropriate court. 

Handling this process can be challenging, but consulting with a wrongful death lawyer guarantees your case is handled professionally and increases the likelihood of a successful outcome.

  1.  Appoint a Personal Representative
    • The personal representative of the deceased’s estate is responsible for filing the lawsuit. This person is often named in the will or appointed by the court.
  2.  Prepare Required Documents
    • The death certificate, proof of relationship to the deceased, and records of financial and emotional losses will need to be prepared
  3.  Consult a Wrongful Death Attorney
    • An experienced lawyer can guide you through the legal process, gather evidence, and handle negotiations.
  4.  Gather Evidence
    • Collect documents such as medical records, police reports, and witness statements to prove negligence.
  5.  File the Lawsuit
    • Submit the claim to the appropriate Florida court. The lawsuit should clearly outline who is responsible, how the negligence occurred, and the damages being sought.
  6.  Negotiate or Go to Trial
    • Many wrongful death cases are resolved through settlements, but some go to trial if an agreement can’t be reached.

5 Common Challenges in Filing Wrongful Death Claims

Filing a wrongful death lawsuit can be emotionally and legally challenging. Families often face obstacles that can complicate the process, but understanding these challenges helps in overcoming them.

  1.  Disputes Among Family Members:
    • Conflicts may arise over who should file the claim or how compensation should be divided among beneficiaries.
  2.  Proving Negligence:
    • Establishing that the death resulted from someone else’s negligence requires strong evidence, such as medical records, witness statements, or professional testimony.
  3.  Understanding the Legal Aspect:
    • Florida’s wrongful death laws have specific rules about who can file, the types of damages allowed, and timelines, which can be confusing without legal help.
  4.  Emotional Strain:
    • Dealing with grief while managing a legal case can feel overwhelming for families.
  5. Resistance from Insurance Companies:
    • Insurers may try to minimize payouts or deny responsibility, requiring skilled negotiation or legal representation.

How to Overcome These Challenges

  • Work with an experienced wrongful death attorney to guide you through the process.
  • Gather as much documentation and evidence as possible to support your case.
  • Maintain clear communication with family members to avoid disputes.

Why Consult a Wrongful Death Attorney?

Navigating a wrongful death lawsuit in Florida can be complicated, which is why consulting an experienced attorney is critical. A lawyer not only understands the legal process but also advocates for your family’s best interests.

5 Benefits of Hiring an Attorney

  1. Guidance: Attorneys know Florida’s specific wrongful death laws and make sure  all steps are handled correctly.
  2. Proving Negligence: Lawyers gather and present evidence to establish the responsible party’s fault.
  3. Negotiating with Insurance Companies: Insurers often attempt to minimize payouts; a skilled attorney secures fair compensation.
  4. Reducing Stress: With an attorney handling the legal work, families can focus on healing.
  5. Maximizing Compensation: Attorneys assess all potential damages to confirm that your family receives the full amount you’re entitled to.

When Should You Contact an Attorney?

It’s best to consult a wrongful death attorney as soon as possible after the incident to avoid missing deadlines and to strengthen your case.

Why Choose Us?

When facing the devastating loss of a loved one, you need a legal team that fights for your rights and makes sure that you’re treated fairly.

Contact us today to schedule a consultation and let us guide you every step of the way. With our contingency-based fees and multilingual services, we’re here to help you secure the justice and compensation your family deserves without added stress.

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