Who Can File a Wrongful Death Claim in Florida?
Losing a loved one due to someone else’s negligence or wrongdoing is one of the most painful experiences a family can endure. While no legal action can truly compensate for your loss, Florida law provides a way for surviving family members to seek justice through a wrongful death claim. But not everyone can file this type of claim. Understanding who is eligible to file a wrongful death claim in Florida and the legal requirements is crucial to ensuring that your family receives the compensation they deserve.
Who is Eligible to File a Wrongful Death Claim?
In Florida, wrongful death claims are governed by Florida Statutes Section 768.19, and the law specifies who can file the claim and receive compensation. Generally, a personal representative of the deceased’s estate is the one who formally files the lawsuit. This representative may be named in the deceased’s will or appointed by the court if no will exists. However, while the personal representative files the claim, the compensation benefits are distributed to eligible surviving family members. These individuals include:
1. The Spouse
1. The Spouse
- A surviving spouse is one of the primary beneficiaries of a wrongful death claim. The spouse may recover damages for loss of companionship, emotional support, and the pain and suffering caused by the untimely death of their partner. Additionally, the spouse may recover financial support that the deceased would have provided, such as lost wages and benefits.
- Surviving children can also recover compensation in a wrongful death claim. The type and amount of compensation they may receive depend on their age and dependency on the deceased. Minor children (those under the age of 25) often recover for loss of parental companionship, instruction, and guidance, as well as the mental pain and suffering caused by their parent’s death. In some cases, adult children may also recover damages, particularly if they were dependent on the deceased for financial or emotional support.
- If the deceased was a minor child (under 25 years old), the parents are typically eligible to file a wrongful death claim and recover damages for mental pain and suffering. If the deceased was an adult, parents may still be eligible to recover damages if they were financially dependent on their child or if no surviving spouse or children exist.
- In some cases, other family members or individuals who were financially dependent on the deceased may be eligible to receive compensation. For example, a sibling, grandparent, or another relative who relied on the deceased for support may be able to recover certain damages. However, the eligibility of such individuals is more limited and often depends on the specific circumstances of the case.
What Damages Can Family Members Recover?
The purpose of a wrongful death claim is to compensate the surviving family members for both the financial and emotional losses they have experienced due to the death of their loved one. The types of damages that can be recovered include:
These damages can vary based on the nature of the relationship between the deceased and the surviving family members, as well as the specific details of the wrongful death case.
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Loss of income and financial support the deceased would have provided
- Loss of benefits such as pensions or health insurance
- Loss of companionship and emotional support
- Mental pain and suffering for surviving family members
These damages can vary based on the nature of the relationship between the deceased and the surviving family members, as well as the specific details of the wrongful death case.
Legal Requirements and Timelines for Filing a Wrongful Death Claim in Florida
In Florida, wrongful death claims must adhere to specific legal requirements and timelines. Here are the key things to keep in mind:
1. Statute of Limitations
1. Statute of Limitations
- The statute of limitations for filing a wrongful death claim in Florida is typically two years from the date of the person’s death. This means that the personal representative must file the claim within this two-year window. Failing to do so can result in the case being dismissed, and the family will lose the right to seek compensation.
- Only the personal representative of the deceased’s estate can file the wrongful death lawsuit. If the deceased left a will, this individual is usually named in the will. If no will exists, the court will appoint someone (often a family member) to serve as the personal representative.
- While the personal representative files the claim, the damages recovered are distributed to eligible family members. Florida law outlines specific rules for how the compensation is divided among the surviving family members, based on their relationship to the deceased and the specific losses they have suffered.
