Who can file a wrongful death lawsuit in Florida?

On Behalf of Scott Marshall Injury Attorneys | October 19, 2021 | Wrongful Death

The pain that comes with the death of a loved one is immense. It’s magnified when the death is caused by another’s reckless actions. It is not uncommon for the victim’s loved ones to be filled with anger, confusion, sadness and the desire for justice.

Fortunately, Florida’s wrongful death law affords a victim’s aggrieved family members the right to file a claim and seek compensation in court. Here in Florida, a wrongful death lawsuit can be filed in connection with the following:

• Medical malpractice
• Car accident
• Violent crimes
• Product liability
• Workplace accidents

Two types of claimants can file a wrongful death lawsuit in the Sunshine State: the personal representative of the deceased’s estate and the deceased survivors. 

The personal representative to the deceased’s estate

When a person dies, they leave an estate behind. Basically, this refers to their possessions, which are left to their designated beneficiaries either through a will or, if intestate, to the next of kin as per Florida law. Thus, the law allows a personal representative to file a wrongful death lawsuit on behalf of the decedent’s estate and its survivors. 

The deceased’s survivors

The victim’s survivors can also file a wrongful death lawsuit. In this case, they will be entitled to different types of damages, including loss of consortium, treatment and funeral expenses, as well as loss of income, among other damages. Survivors who can file a wrongful death lawsuit in Florida include the victim’s:

• Spouse
• Children
• Parents
• Blood relatives

Under any circumstance, the death of a loved one can be devastating and incredibly overwhelming. When your loved one dies as a result of another party’s wrongful behavior, you may be thrust into the unchartered territory of trying to cope with their sudden death or planning for funeral or ceremonial arrangements, among other very personal matters.

Although an attorney cannot bring back your loved one, a skilled legal advocate can take care of the legal matters and recourse options available to help you and your family in the years to come.