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Miami Injury Lawyer > Blog > Wrongful Death > Who Can Sue For Wrongful Death In Florida?

Who Can Sue For Wrongful Death In Florida?


If you believe that you have grounds to file a wrongful death lawsuit, you should determine whether or not you are eligible under Florida law to sue for wrongful death. If your loved one was killed due to a wrongful act or negligence on the part of another individual, you might be able to pursue a wrongful death lawsuit.

Consult with a Miami wrongful death attorney to find out whether or not you are eligible to recover damages for your loved one’s death.

What is Wrongful Death in Florida?

Wrongful death lawsuits are brought by surviving family members or the deceased’s personal representative named in their estate plan to obtain compensation for the damages and losses associated with the death.

Florida law imposes restrictions on who can file a wrongful death lawsuit, which is why it is essential to discuss your unique situation with an experienced attorney to determine whether or not you are eligible to pursue compensation.

In Florida, wrongful death lawsuits are brought in civil courts when the deceased’s death is caused by negligence, wrongful act, or breach of contract. State law allows eligible surviving family members to seek compensation for the losses associated with their loved one’s death, including burial and funeral expenses, loss of support, and others.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law requires that wrongful death lawsuits must be filed by the personal representative named in the deceased’s Last Will and Testament. If the decedent did not have a Will or did not name a personal representative, the court will most likely appoint the deceased’s surviving spouse to serve as the personal representative.

In Florida, a wrongful death lawsuit is filed by the personal representative of the deceased’s estate on behalf of all eligible surviving family members who suffered damages or losses due to their loved one’s death.

Under Fla. Stat. § 768.18, the following individuals may be entitled to compensation in a wrongful death claim:

  1. The deceased’s surviving spouse
  2. The deceased’s children (children under the age of 25 are awarded a higher amount of settlement than older children)
  3. The deceased’s surviving parents
  4. Individuals financially dependent on the deceased

Florida law also has a statute of limitations of four years for wrongful death lawsuits. The clock starts ticking on the date of the deceased’s passing. While four years may seem like a long time, it is essential to start building your legal case as soon as possible. Contact a skilled lawyer to gather evidence and help you build your claim.

What Damages Can You Recover in a Wrongful Death Lawsuit?

If you are eligible to file a wrongful death lawsuit, you can seek compensation for your damages and losses associated with the death of your loved one. Some examples of recoverable damages in a wrongful death lawsuit include:

  • Funeral expenses
  • Burial expenses
  • The cost of medical treatment before the deceased’s passing
  • Loss of income
  • Loss of support
  • Loss of companionship
  • Loss of guidance

These and many other damages may be available in your wrongful death case. Contact a skilled wrongful death attorney to determine what damages are recoverable in your particular situation. Schedule a consultation with our lawyers at Pita Weber Del Prado by calling 305-670-2889.



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