According to Injury Facts, at least 222,698 people lost their lives due to preventable injuries in 2023.
Many of these tragedies resulted from negligence or recklessness. Losing a loved one this way is devastating. But your family may have legal options.
Filing a wrongful death lawsuit can help you seek justice. But who is eligible to file? The laws can be confusing, and not all family members qualify.
Understanding your rights is the first step. Knowing the process makes it easier to move forward. Read on to learn who can file a wrongful death claim and what steps to take.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit allows someone to seek legal action when another person’s negligence, recklessness, or wrongful actions cause a death. It can include death caused by:
- Car accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Criminal acts
In Florida, wrongful death cases are governed by the Florida Wrongful Death Act. It allows certain survivors to seek compensation for their loss. The purpose of a wrongful death lawsuit is to hold the responsible party accountable and to help the family with financial support.
Losing a loved one due to negligence is hard. A wrongful death lawsuit helps survivors get justice.
It also provides relief during a tough time. If you’ve lost someone this way, you can seek compensation.
Who Can File a Florida Wrongful Death Claim?
Not everyone has the legal right to file a Florida wrongful death claim. Under Florida law, only the personal representative of the deceased’s estate can initiate the lawsuit.
The representative is often named in the deceased’s will. If no will is present, the court will appoint one. However, the lawsuit is filed on behalf of the deceased’s survivors.
Surviving Spouse
The surviving spouse has the strongest claim in a wrongful death case. They are impacted the most, suffering both emotional pain and financial losses. A spouse can seek damages for the loss of companionship, support, and other aspects of the relationship that have been affected by the death.
Biological and Adopted Children
Children of the deceased, whether biological or adopted, can file for compensation. They can recover damages for loss of:
- Parental guidance
- Love
- Financial support
- Companionship
It includes the emotional suffering caused by the death. They can also seek compensation for the financial burden of losing a parent who would have provided care and stability.
Parents of the Deceased
Parents may file a claim if the deceased was a minor, as they are directly affected by the loss. In the case of an adult child, parents may only file if no spouse or children are alive to claim damages.
The death of an adult child can still cause immense emotional pain. Parents can seek compensation for their grief and loss of companionship.
Other Dependents
Blood relatives or adoptive siblings who relied on the deceased for financial support may also have a claim. If the deceased was the primary financial provider for these relatives, they may be eligible to seek compensation for the economic hardship caused by their loss.
When the personal representative files the claim, it is ultimately for the benefit of the survivors. Understanding who is eligible to file a wrongful death lawsuit can help ensure that the right people take action. If you are not sure whether you qualify, consulting with an attorney can clarify and guide you through the legal process.
The Wrongful Death Lawsuit Process in Florida
The wrongful death lawsuit process in Florida involves several necessary steps. Each case can vary, but following the correct steps is essential for successful compensation.
Appointing a Personal Representative
The court must approve the person who will file the lawsuit for the survivors. The person is known as the personal representative. If the deceased had a will, it names this person.
If there’s no will, the court appoints someone close to the deceased to serve in this role. The personal representative manages the lawsuit and protects the survivors’ interests.
Filing the Lawsuit
The lawsuit begins when a formal legal complaint is filed. The complaint will explain how the defendant’s actions caused harm.
It will also list the damages the survivors seek, including emotional and financial losses. A lawyer can help you prepare this complaint. Filing the lawsuit starts the legal process and sets a timeline for the case.
Investigation and Evidence Gathering
Once the lawsuit is filed, attorneys begin gathering evidence. It includes collecting the following:
- Medical records
- Witness statements
- Expert opinions
- Accident reports
These pieces of evidence help support the claim. Attorneys may also review accident reports or other documents related to the incident. Strong evidence is essential for proving the case by showing how the defendant’s actions caused harm.
Negotiation or Trial
Many cases settle through negotiations before going to trial. Lawyers for both sides may agree on a settlement. It is often faster and less costly than going to court.
If you don’t reach a settlement, the case goes to trial. During the trial, both sides present their arguments. A judge or jury then decides the outcome.
Compensation Distribution
If the lawsuit succeeds, the survivors will receive compensation. Florida law determines how the damages are shared. The compensation can cover the following:
- Emotional suffering
- Loss of support
- Funeral expenses
- Medical bills
- Lost wages
- Other financial damages
The personal representative handles the distribution according to the law and the survivors’ needs. Each case is unique. Having legal representation will help ensure that all steps are followed correctly.
How an Attorney Can Help With a Wrongful Death Lawsuit
A wrongful death lawsuit can be overwhelming to navigate alone. An experienced attorney can guide you through the process, ensuring you file your case properly and on time.
They can help gather evidence, negotiate with insurance companies, and fight for the compensation you deserve. Attorneys understand the complexities of the law and work to protect your rights.
At RHINO Lawyers, we bring over 14 years of experience to every case. Our team is dedicated to getting results – helping you recover maximum compensation. We will also protect your legal rights in wrongful death claims.
Contact us today and let us help you through this difficult time.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
