Who Can File a Wrongful Death Claim in Florida?

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Losing a loved one because of the negligent, reckless, or deliberate actions of another person is unacceptable, and makes the mourning process all the more painful. Understandably, no amount of money can make up for this loss, but it may just be the only way you can bring justice to this unfortunate situation. If you would like to hold the at-fault party responsible, continue reading to see how an experienced Port St. Lucie wrongful death lawyer of the Florida Personal Injury Law Team can help you determine if you are qualified for a wrongful death claim.

Do I qualify for a wrongful death claim in the state of Florida?

When it comes to who is eligible to file a wrongful death claim, every state has its unique laws in place. For the state of Florida, these laws declare that the only person who can file a wrongful death claim is the personal representative of the decedent’s estate. And if the decedent did not appoint someone as their representative, then the Florida court will do so, and that person will be in charge of pursuing damages. Those that can be appointed the personal representative are limited to the surviving spouse, children, parents, blood relatives, and adoptive siblings of the decedent.

How can I recover compensation via a wrongful death claim?

As long as you can provide a sufficient amount of evidence that your loved one lost their life as a direct result of the wrongful act of another, you will have a strong wrongful death claim that will allow you to recover compensation. Such compensation can include the following:

  • The cost of funeral and burial expenses.
  • The cost of medical bills incurred by the decedent before they passed away.
  • The cost of lost wages that the decedent would have provided in the future.
  • The cost of services provided by the decedent. 
  • The loss of prospective net accumulations of the estate.
  • Emotional suffering and mental anguish.
  • The loss of companionship, supervision, and guidance, especially for the loved one’s children.

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

Taking legal action may not seem like a priority during this difficult time. However, there is a narrow window in which you can file a wrongful death claim. Specifically, in the state of Florida, the statute of limitations is just two years from the date of your loved one’s death. To avoid being barred from suing, it is in your best interest to retain the services of a skilled St. Lucie County personal injury lawyer as immediately as possible.

Contact our experienced Port St. Lucie Firm

Here at The Florida Personal Injury Law Team, we understand the detrimental effects that an injury can have on an individual and his or her family. Contact us today for help.