Who Can File a Wrongful Death Suit?

A death of a loved one can cause extensive grief and a whole series of unexpected plans that need to be made. This is especially difficult if the death occurred due to negligence or actions that could’ve been prevented. It is common to feel pressure in these cases in trying to balance your emotions while also handling what comes next. Relatives of the person may recover losses through a wrongful death claim, but only specific family members can file a lawsuit. Continue reading to learn more.

Florida Wrongful Death Filing

Florida has specific laws when it comes to wrongful death lawsuits. Only a personal representative of the deceased can legally file a claim. This person can be named ahead of time either during the person’s lifetime or in a will. If there wasn’t any decision made before death, someone can be appointed after.

While the representative does the filing, any settlement that is obtained gets distributed according to Florida’s inheritance laws which means that those who are closest to the deceased are provided for. This means any beneficiaries or dependents are able to benefit from the compensation received from a claim.

What is a Beneficiary?

While only one person is allowed to file for a wrongful death suit according to Florida law, there are many family members that are eligible to recover any damages such as expenses for funerals, medical treatments, etc. These are known as beneficiaries of the deceased and are capable of claiming compensation for personal injury damages that have resulted due to their loved one’s passing.

Relatives that can be considered a beneficiary include a surviving spouse, children including those of unmarried parents, parents, and any dependent family members who are related by blood or through adoption. Those that are involved are able to claim compensation for damages such as funeral or burial expenses, medical treatment like surgeries or hospitalizations, and any pain or suffering that was experienced between the accident and the death of the loved one.

There is a specific period of time after a loss to file a lawsuit and receive damages so it’s important to get in touch with an expert for consultation and have reliable information to make any decisions moving forward.

Under Florida law, your family may be eligible to collect economic and non-economic damages if you’ve suffered the loss of a family member through negligence. Our experienced lawyers can help you protect your rights and guide your family through this difficult time. Have questions on a personal injury case related to a wrongful death in Lakewood Ranch, Florida? Contact Erjavec Injury Law today at 941-907-1133 for a free lawsuit consultation with our personal injury lawyers.