Who Is Eligible to File a Wrongful Death Claim in Florida?

The personal representative of the decedent’s estate is eligible to file a wrongful death claim in Florida. They would file the claim to benefit the estate and the decedent’s survivors as defined by Florida law.

The loss of a family member can cause emotional upheaval. It can also lead to unexpected expenses and significant economic harm. While your family copes with this loss, you can pursue compensation from the person or entity whose negligence caused your loved one’s death. A Fort Lauderdale wrongful death lawyer can help your loved one’s personal representative with this claim while your family mourns its loss.

How Is a Personal Representative Determined Who Can File a Wrongful Death Claim?

Florida Statutes § 768.20 states that only the estate’s personal representative can bring a wrongful death lawsuit. Whether your family member has a will determines who the probate court appoints as the personal representative. Florida Statutes § 733.301 spells out the order of preference, stating that the person nominated in the will is the first choice.

However, if your family member died without a will, the court will appoint a representative, with their spouse first on the preference list.

A Wrongful Death Attorney Can Manage Every Aspect of Your Case 

Most wrongful death claims never go to court. Instead, the evidence leads to a settlement with the at-fault party’s insurance company. 

To streamline your family’s claim as much as possible, your wrongful death lawyer will:

• Assess the monetary value of your claim
• Prove the at-fault party’s negligence
• Speak with interested parties on your behalf 
• Clarify complex legal terminology and jargon
• Provide ongoing and informative updates 
• Represent you in court if necessary

Letting your lawyer speak on your behalf also helps you avoid inadvertently saying or signing anything that could harm your claim. They can also protect you from a speedy—but insufficient—settlement offer. They will fight for your family to get your money faster.

What You Need to Know About How Florida Defines Wrongful Death

To file an effective wrongful death action, you must prove the at-fault party’s negligent actions led to your loved one’s demise. That means proving the following elements of negligence:

• Duty of care: The at-fault party’s responsibility to exercise reasonable care
• Breach of duty: The at-fault party’s failure to meet their legal obligation
• Causation: Evidence that your loved one’s demise resulted from the at-fault party’s actions
• Damages: The financial expenses and losses you incur due to your loved one’s death

Florida defines your loved one’s death as wrongful if it resulted from negligence, carelessness, recklessness, or intentional wrongdoing. If a wrongful death lawyer represents your family, they will build a case file that reflects these factors.

Collect Evidence That Supports Your Family’s Wrongful Death Claim 

The evidence your claim requires depends on the type of negligence-based accident that caused your loved one’s death. Accidents caused by an at-fault person or entity’s negligence can include:

• Car accidents
• Truck accidents
• Boating accidents
• Bicycle accidents
• Construction accidents
• Motorcycle accidents
• Pedestrian accidents
• Slip and fall accidents
• Dog bite or attack
• Medical malpractice

Your lawyer will examine any evidence collected at the accident scene. They will also collect additional supportive evidence, including the following:

• Police reports
• Medical records
• Medical bills
• Witness statements
• Proof of income
• Photos and videos
• Expert testimony

Your legal team will not burden you or your family with collecting evidence. They will even gather evidence that might emotionally trigger you, including the decedent’s death certificate. 

Wrongful Death Lawsuits Have a Mandatory Filing Deadline in Florida 

Besides having the correct person file the wrongful death claim, state law mandates a statute of limitations—or filing deadline. Accordingly, you generally have two years from the date of your loved one’s demise to file your lawsuit, according to Florida Statutes § 95.11. If the filing deadline expires:

• The court might not permit the representative to file your family’s lawsuit
• The court could dismiss your lawsuit immediately without hearing its merits

The at-fault party’s legal and insurance teams will also monitor the filing deadline and could refuse to consider or negotiate a settlement if it expires. 

Since the filing deadline can fluctuate, the best way to file your lawsuit on time is to let a wrongful death attorney handle it. Their familiarity with Florida law can help you avoid the costly consequences of filing your lawsuit too late.

Recover Wrongful Death Damages by Meeting the State’s Filing Deadline 

In the immediate aftermath of your family’s loss, it can be difficult to focus on legal matters, including tracking the costs your family incurs and the damages you are entitled to recover. However, your wrongful death attorney will help you recover the following damages:

• Funeral, burial, and cremation expenses
• Loss of your loved one’s financial support
• Loss of your loved one’s domestic support
• Loss of consortium, companionship, and care

Your lawyer will track your expenses and losses. They will also designate a portion of your case file to receipts, bills, and other documents that support your compensation request. They’ll use this evidence to help you maximize your financial recovery.

Know Which Family Members Can Recover Wrongful Death Damages

An unexpected loss will affect the decedent’s family, friends, and colleagues. However, Florida law clearly defines who can receive monetary compensation for a negligence-based demise. 

According to Florida Statutes § 768.21, potential beneficiaries include the decedent’s spouse, parents, children, and any blood relative or adoptive sibling who depended on your loved one for financial support.

During a free consultation with a wrongful death law firm, you can describe your relationship with the decedent and ask about your right to financial recovery. Be prepared to answer additional case-related questions and ask further questions.

Get Help Filing Your Wrongful Death Claim in Florida 

Recovering damages for the negligence-based loss of a loved one can be a daunting legal challenge. It is not one you have to navigate alone. The wrongful death team at Chalik & Chalik Injury Lawyers will help you fight for the financial compensation your family needs and deserves.

Learn more about who is eligible to file a wrongful death claim in Florida and the types of damages they can recover. Contact our consultation team today to get started.