Filing a Wrongful Death Lawsuit in Florida: Who Is Allowed To Do So?
Losing a loved one due to a tragic accident is incredibly painful, especially when the death was preventable. In Florida, wrongful death laws allow specific individuals to pursue compensation and hold accountable those responsible when negligence or misconduct results in a fatality. However, not everyone is allowed to initiate a wrongful death lawsuit. The law explicitly outlines who possesses the legal authority to file a claim and who stands to benefit from it.
Who Can File a Claim?
Under Florida law, specifically Florida Statutes section 768.20, only the personal representative of the deceased’s estate can file a claim. Usually, the name of the person to be appointed to this role can be found in the decedent’s will. If no representative is named in the will or if the deceased did not leave a will, the court appoints one. Nevertheless, even though the personal representative is the only one legally allowed to file the lawsuit, they are usually acting on behalf of the family members left behind.
Eligible Family Members and Survivors
Even though only an estate’s personal representative can file a wrongful death claim, Florida law specifies certain surviving family members who may be entitled to recover damages. They include:
- Spouses: The surviving spouse is often the primary beneficiary.
- Children: Minor children can seek compensation, and in some instances, adult children may also be eligible, especially if there is no surviving spouse.
- Parents: If there is no surviving spouse or children, the deceased’s parents are next in line to file a claim.
- Other Dependents: Blood relatives or adoptive siblings who depended on the deceased may also qualify to recover specific damages.
In most cases, the surviving spouse is appointed as the personal representative of the deceased person, meaning they are responsible for managing the wrongful death claim on behalf of all beneficiaries.
What Damages Can Be Recovered?
A wrongful death claim in Florida may include both economic and non-economic damages. These can include:
- Medical expenses
- Burial and funeral expenses
- Loss of income and financial support
- Loss of companionship
- Pain and suffering
However, every case is unique, meaning that results can vary. Generally, the exact damages available depend on the relationship between the survivor and the deceased. Florida Statutes section 768.21 explains the types of damages each type of survivor can claim.
Time Limits for Filing a Claim
Florida has a strict statute of limitations for filing these claims. In most cases, the representative has two years from the date of death to file the claim. Missing this deadline can prevent the family from recovering any compensation, regardless of the strength of the case.
Because of this limited timeframe, families need to act promptly and consult a qualified wrongful death attorney as soon as possible to ensure the protection of their legal rights.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified Florida attorney for guidance on your specific situation.
Contact an Orlando Wrongful Death Attorney
If you’ve lost a loved one in a car accident in Florida, contact our experienced Orlando wrongful death lawyers today at Orlando Accident Attorneys to protect your rights and seek the compensation your family deserves.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.20.html