Who Can File a Wrongful Death Claim?

Experiencing loss is incredibly difficult and even more challenging when their death is the result of someone else’s negligence. In Florida, when a person dies due to misconduct or negligence, their family members or other designated individuals may have the right to file a wrongful death claim using a Fort Myers wrongful death lawyer.

Surviving family members such as children, parents, or a spouse can begin the process of filing a wrongful death claim. Understanding who is eligible to file a wrongful claim in Florida is crucial in seeking justice and financial recovery for the loss.

How Does Florida Define a Wrongful Death Claim?

Florida defines a wrongful death claim as a civil lawsuit filed by the surviving family members or personal representatives of the deceased. These negligent death claims are governed by the Florida Wrongful Death Act. 

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

In Florida, the following parties are eligible to file a wrongful death claim:

1. Spouse of the deceased:  The surviving spouse has the right to file a claim, regardless of whether they were legally married to the deceased at the time of death.
2. Children of the deceased: Biological or legally adopted children of the deceased can file a claim. This includes both minor children and adult children.
3. Parents of the deceased: If the deceased had no spouse or children, their parents may file a wrongful death claim. This includes both biological and adoptive parents.
4. Other dependent relatives: In certain situations, dependent relatives who relied on the deceased for financial support or services may also be eligible to file a claim. This can include siblings, grandparents, and other close relatives.
5. Personal representative of the deceased’s estate: If none of the above individuals exist or are available to file a claim, the personal representative of the deceased’s estate may step in and file on behalf of the estate and any potential beneficiaries.

What are the Requirements for Filing a Wrongful Death Claim in Florida?

To successfully file a wrongful death claim in Florida, certain requirements must be met. These include:

• Establishing proof of negligence or a wrongful act by the responsible party
• Demonstrating that the death was caused by this negligence or wrongful act.
• Appointing a personal representative to handle the legal proceedings.

Additionally, it is vital to file the claim within the statute of limitations. In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. Failing to file within this timeframe can result in the claim being dismissed. (Florida Statutes Section 95.11).

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Can a Non-Family Member File a Wrongful Death Claim in Florida?

In Florida, non-family members typically do not have the right to file a wrongful death claim. While the primary focus of a wrongful death claim is on family members, there are limited circumstances where non-family members may be eligible to file a claim. Examples of non-family members who may be eligible to file a claim include:

• Domestic partners
• Financial dependents
• Individuals who can prove a close personal relationship.

It is advisable for potential claimants who are not immediate family members to consult with a wrongful death attorney to assess their rights under Florida law.

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What Damages Can Be Recovered in a Wrongful Death Claim?

In a wrongful death claim in Florida, the following damages can be recovered:

• Economic damages: These include medical expenses incurred before death, funeral and burial expenses, and any other financial losses resulting from the death.
• Loss of financial support and future earnings: Surviving family members may be entitled to compensation for the loss of the deceased’s financial support, including lost wages and future earnings.
• Non-economic damages: These encompass the emotional pain and suffering endured by the surviving family members and the loss of companionship, guidance, and protection that resulted from the death.
• Punitive damages: In rare cases involving extreme negligence or intentional harm, Florida law allows for punitive damages, which are intended to punish the responsible party and deter similar conduct.

Are There Exceptions to the Statute of Limitations for Filing a Wrongful Death Claim in Florida?

Yes, there are limited exceptions or circumstances that can extend or toll the statute of limitations, such as instances of fraud, the discovery of new evidence, or when the claimant is a minor or mentally incapacitated. 

It is essential to consult with a Florida wrongful death attorney to determine the specific time limitations applicable to your case.

Are Lawyers Always Required for Beneficiaries to Collect a Wrongful Death Claim in Florida?

Beneficiaries have the option to handle the claim on their own, especially if the case is straightforward and the damages are relatively small. However, a wrongful death lawyer can help you:

• Get a clear understanding of the legal process in a Florida wrongful death case
• Evaluate the true value of your claim with financial experts.
• Negotiate with the insurance company to maximize your settlement instead of accepting a lowball offer.
• Collect evidence to bolster a strong and irrefutable case.
• Solve complex issues like comparative negligence.

The potential challenges involved make it advisable to consult with an experienced wrongful death attorney. Contact Viles & Beckman when you are ready to pursue compensation with full legal protection and a supportive team of wrongful death attorneys surrounding you. 

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