Orlando Personal Injury Blog

Who Can File a Wrongful Death Lawsuit In Florida?

Posted By Todd Miner Law || Nov 7, 2016

If you have lost a loved one in a preventable accident caused by another person’s negligence, you may have questions about your legal rights. In this blog, we’ll discuss who can bring a wrongful death claim in Florida as well as what types of damages may be recoverable in these cases.

Pursuant to Florida Statutes section 768.16, the estate of a deceased person may bring a civil lawsuit seeking compensation for the death and the losses stemming from it when the person’s death was caused by the “wrongful act, negligence, default, or breach of contract” of another person or entity. According to the law, the claim can only be brought by the personal representative of the deceased person’s estate. In the absence of an estate plan or will, the Court will appoint a representative who will file of behalf of the estate and any surviving family members who have an interest in the case.

The following family members may recover damages in a Florida wrongful death lawsuit:

  • Spouse
  • Children
  • Parents
  • Any blood relative or adoptive sibling who was partially or wholly dependent on the deceased person for support or services

There are time limits for bringing wrongful death cases in Florida. In most cases, a wrongful death lawsuit must be made within four years of the date of death under the statute of limitations. However, since each case is different, you should get in touch with an attorney who can review your case as soon as possible.

A successful lawsuit can provide surviving family members with compensation for the following damages:

  • Loss of guidance, companionship, and protection
  • The value of the deceased person’s support and services
  • Medical and funeral expenses paid by a surviving family member
  • Mental and emotional suffering due to the loss of a child

The estate may recover damages including:

  • Medical and funeral expenses paid by the estate
  • Lost prospective net accumulations of the estate
  • Lost wages, benefits, and other earnings that the deceased person could have been expected to make

If you have suffered the untimely loss of a loved one and believe you have a wrongful death case, please contact Todd Miner Law to schedule a free consultation with an Orlando wrongful death attorney. Act quickly in order to preserve your right to pursue compensation under the statute of limitations.

Fill out an online case evaluation form or call our firm to tell us about your case.

Categories: Wrongful Death
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