In Florida, the only person who can legally file a wrongful death claim is the deceased’s personal representative. However, other family members can still benefit from the lawsuit. Any compensation recovered through a wrongful death claim will be paid out to the deceased person’s estate to benefit their survivors and dependents.
Filing a wrongful death lawsuit can be critical for covering the financial losses incurred by the deceased’s family. It’s important to act quickly to file a claim and put yourself in the best position to win your case and recover the money your family needs and deserves. An experienced Florida wrongful death lawyer can help.
Who Is the Personal Representative for the Deceased?
When preparing for the future by writing a will or creating an estate plan, a person will likely designate a personal representative to handle their affairs in the event of their death. However, if the deceased never chose a personal representative while they were still alive, the court will appoint a representative following their death.
If your loved one did not choose a personal representative, you can appeal to the court to appoint you to the position should you choose. In most cases, the court will first consider the spouse of the deceased before looking to adult children or parents. They will next look to siblings and more distant relatives.
If no suitable personal representative can be found among the family of the deceased, the court will look to appoint a close friend or a legal representative to the position.
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Family Members Who Can Recover Compensation Through a Wrongful Death Claim
When filing a wrongful death claim, the personal representative of the deceased will have to list every survivor who could legally claim compensatory damages.
The relatives considered beneficiaries in Florida as part of a wrongful death claim include the deceased’s:
- Spouse
- Children
- Parents
- Dependent family members
- Children of unmarried parents
Spouse
If the deceased was married at the time of their death, their surviving spouse can pursue compensation for lost income and financial expenses resulting from the death. This may include the need for additional childcare.
Furthermore, the surviving spouse can recover compensation for the loss of companionship resulting from the death along with emotional trauma related to the sudden death of their loved one.
Children
Any children of the deceased who are under the age of maturity can collect damages for their losses, especially in regard to the guidance, protection, and emotional support their parents provided.
Parents
If the wrongful death victim was a minor, their parents will be able to recover damages for the loss of their relationship with their child, along with the loss of care and comfort the child would have provided in the future. Additionally, they can pursue damages for the emotional trauma caused by the death of their child.
Dependent Family Members
Any blood relatives or adoptive siblings of the deceased could recover compensation following a wrongful death if they were partially or fully dependent on the deceased for financial support.
Children of Unmarried Parents
Eligibility for recovering damages following the death of an unmarried parent can be a little more complicated. Florida law permits children of unmarried parents to pursue damages after the death of their mother in all cases.
However, a child of unmarried parents is only eligible to recover compensation through a wrongful death claim following the death of their father if the father formally recognized the child as his own and was obligated to support the child.
Any money awarded through a wrongful death lawsuit will be distributed in line with Florida’s inheritance laws, which aim to ensure the closest family members of the deceased are supported.
The Deadline for Filing a Wrongful Death Lawsuit in Florida
The personal representative of the deceased must act quickly when filing a wrongful death lawsuit to build a strong case and meet all deadlines.
In Florida, the statute of limitations for wrongful death is two years. That means that the paperwork must be filed within two years, or the right to file may be lost.
In addition to protecting the right to pursue a legal claim, taking early action helps with building a strong case. When you hire a lawyer as soon as possible after the death of your loved one, they will be well-positioned to collect evidence before it can become lost or corrupted. Trying to collect evidence a year or more after the incident can be incredibly challenging.
Additionally, witness testimony is more reliable when less time has passed. Memories fade quickly, and important details can become hazy. Recording witness testimony as soon as possible can be critical for building a strong case.
Get Help From an Experienced Wrongful Death Lawyer Today
When filing a wrongful death lawsuit against the party responsible for the death of your loved one, having an experienced attorney by your side can make all the difference. At The Schiller Kessler Group, we have over three decades of experience helping the family members of wrongful death victims get the money they need and deserve.
Get in touch with us today by phone or through the contact form on this site to schedule your free case evaluation with a member of our legal team.
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