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In: Personal Injury

Who Has the Right to File a Wrongful Death Suit?

When you lose a loved one due to another person’s negligent behavior, you may wonder what the legal options are for pursuing some sort of compensation for your loss. A civil wrongful death suit may be brought against the party that caused the death. Each state has its own statues regarding what kinds of damages may be available and the time limits for filing a wrongful death suit so it is important to understand the laws in the state in which the wrongful death occurred.

Who can file wrongful death suit?

In Florida, if the deceased person named a personal representative in their will or estate plan, that individual is required to file the wrongful death claim. If the deceased did not prepare a last will and testament or an estate plan, then the Florida court will appoint a personal representative.

The wrongful death claim is filed on behalf of the deceased person’s estate and any surviving family members. The wrongful death claim must list each survivor who has an interest in the case, which may include the deceased person’s spouse, children, parents, and any blood relative or adoptive sibling who is partially or fully dependent upon the decedent for support or services.

Time limits for filing a wrongful death suit in Florida

Every state has a statute of limitations – the legal timeframe for filing a civil lawsuit. In the state of Florida, a wrongful death lawsuit must be filed in the court system within two years of the date of the person’s death. In some specific circumstances, this deadline may be postponed. It is very important to follow the deadline put forth in the statute of limitations. Failure to heed the time limit may result in forgoing your right to bring a wrongful death suit to court and, if this happens, you will lose your opportunity to recover any damages for your loss.

Damages in wrongful death lawsuits

Surviving family members of the decedent may recover damages including:

  • Support and services provided by the deceased
  • Emotional and mental pain and suffering due to the loss of a child
  • Loss of protection, guidance, and companionship
  • Medical and funeral expenses for the deceased paid for by the family member

The estate of the deceased may also recover damages for the following:

  • lost wages, benefits, and other earnings
  • medical and funeral expenses paid for by the estate
  • loss of “prospective net accumulations” of the estate

Experienced counsel in your time of need

The loss of a family member or loved one is always difficult; losing someone due to wrongful death is particularly painful. The wrongful death attorneys at Ged Lawyers, LLP are experienced in handling wrongful death suits and we understand the emotional pain and suffering our clients face. We guide you with compassion and knowledge of Florida’s laws. Contact a member of our team today to arrange for a confidential consultation to discuss your wrongful death case at 844-443-3529 or online.