Who Can Sue for Wrongful Death in Florida?


If you have lost someone you love to an accident, it may be possible to get compensation. Sudden loss can be very traumatic for family members and, while money can never undo the harm, it can help ease financial burdens.

Wrongful death cases in Florida can be the result of several situations, such as:

When someone is killed through the negligence of someone else, family members have the right to file a wrongful death lawsuit on the decedent’s behalf. Florida’s Wrongful Death Act restricts wrongful death suits to certain close relatives, which means not just anyone can file a lawsuit.

The Florida Wrongful Death Act allows the following relatives to file a wrongful death claim:

Florida law refers to these relatives as survivors, and they may receive compensation to cover funeral and burial costs, medical expenses, the decedent’s pain and suffering, loss of services, loss of financial support, loss of companionship, loss of parental guidance and other expenses.

Limits on Recovery

While many people who have lost a loved one feel wrong to think about money, wrongful death claims are a means to put the losses of the death on the responsible party, not the survivors. Compensation from a claim can help ease the financial burden of a family that is struggling to pay for a funeral or get by without the decedent’s income following an unexpected loss.

Florida law does place some limits on recovery, depending on who is bringing the lawsuit. Children of any age may recover for lost support and service. If there is no surviving spouse, children may also recover damages for lost parental companionship and guidance and pain and suffering. If there is a surviving spouse, children over the age of 25 are more limited in what may be recovered.

If the deceased was over the age of 25, parents are not allowed to recover for pain and suffering unless their are no other survivors.

Have You Lost a Loved One?

If you have lost someone you love, it’s very important to consult with an experienced wrongful death lawyer who can file your case. Florida wrongful death cases have a statute of limitations of just two years. These cases can be notoriously complex as well, as there are several complicated issues like intent to remarry or divorce, adopted children and posthumous children.

While no amount of money will bring back your loved one, a wrongful death lawsuit will put the blame where it belongs and help your family get through a financially troubling time in your lives.

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About the Author

The Lawyers at Fenstersheib Law Group, P.A. provide personalized legal representation for personal injury cases.

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