Who Can File a Wrongful Death Claim in Florida?

Who Can File a Wrongful Death Claim in Florida?

Put simply, wrongful death occurs when a victim suffers a fatal injury after an accident or an intentional act. More specifically, a wrongful death can be caused by an auto accident, slip and fall, medical malpractice, workplace accident, defective product, or otherwise. So, if your loved one lost their life due to the negligence of another party, you may be able to seek justice and recover damages via a lawsuit. Follow along to find out exactly who can file a wrongful death claim and how a proficient Riverview personal injury lawyer at The Frank Santini Law Firm can support you during this difficult time.

Who can file a wrongful death claim in the state of Florida?

There is no denying that you had a close relationship and strong bond with your loved one. However, the state of Florida only considers certain surviving relatives to file a wrongful death claim. And with that, such a relative must be the personal representative of the deceased’s estate. Qualified relatives read as follows:

  • The surviving spouse.
  • The surviving children.
  • The surviving parents.
  • Any blood relative that required the financial support and services of the deceased.
  • Any adoptive siblings that required the financial support and services of the deceased.

What damages can I recover from a wrongful death claim?

Once you confirm that you are a qualified relative, you must proceed with your claim. That is, you must satisfy your burden of proof and collect enough evidence that shows that your loved one lost their life due to an accident or otherwise negligent actions of another party, that they would have otherwise recovered damages if they had not lost their life, and that you now incurred their damages.

If successful, you may be able to recover the following damages:

  • Bills from medical treatment your loved one received in their final moments.
  • Bills from the funeral.
  • Lost wages from your loved one that you were financially dependent upon.
  • Loss of prospective net accumulations of your loved one’s estate.
  • Loss of companionship, guidance, and protection from your loved one.
  • Pain and suffering from the untimely loss of your loved one.

What is the statute of limitations for a wrongful death claim?

It is necessary that you take as much time as you need to mourn the loss of your loved one. Though you may not want to undergo legal proceedings during this time, you must keep in mind that there is a statute of limitations in place for your wrongful death claim. In Florida, this deadline is usually two years from the date of your loved one’s death.

Although, there are some circumstances in which this deadline can be “tolled,” or postponed. For more information on this, you should reach out to a talented Tampa wrongful death lawyer today.

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