Which Relatives Can File a Florida Wrongful Death Claim?

Losing a loved one due to someone else’s negligence can be devastating. While your family deserves justice and compensation for your losses, you deserve to focus on them instead of the complicated legal process. Our trustworthy lawyers at the Law Offices of Scott Sobol are here to listen to your story and make the legal process as stress-free as possible. We handle every aspect of your claim with utmost care and respect. 

With 20 years of experience and extensive knowledge of the wrongful death claim process, you can rest assured you are in the best hands. Our compassionate lawyers provide unmatched legal services and communication, so you always know what to expect. Only certain people can file these claims in Florida, but many relatives can collect damages. We take every measure to ensure we file your claim correctly, so you can achieve a fair settlement.

Who Can File a Wrongful Death Claim in Florida?

According to Fla. Stat. § 768. 20 (2021), the only person who can file a wrongful death claim is the deceased’s personal representative. Also known as the executor, the personal representative is often named in a will or estate plan, but they may also be appointed after the victim passes if no will or estate plan exists.

While the executor of the will or estate plan is the only one who can file a claim, they can name survivors of the deceased that have an interest in the case and should receive damages. Compensation then gets distributed to these beneficiaries based on Florida’s inheritance laws, which ensure the deceased’s closest relatives are cared for in all areas. 

Who Can Collect Damages in a Florida Wrongful Death Claim? 

If you are the personal representative listed in the will or estate plan of the deceased, you can list family members that claim compensation for damages, including the following:

• Funeral expenses
• Medical bills
• Pain and suffering
• Loss of consortium
• Loss of future income or benefits
• Loss of household services
• Costs of becoming a single parent
• Emotional distress

Relatives added as beneficiaries can recover damages for the victim’s losses and personal ones. However, it is essential to note that only the following relatives of the deceased can be added as beneficiaries according to Florida law:

• Spouse: The surviving spouse has the right to pursue damages like loss of companionship and emotional trauma.
• Children: Children under 18 years old may receive damages for losing a parent’s guidance and support.
• Parents: If the victim is a minor, their parents may recover damages, like loss of comfort and emotional distress.
• Children of unmarried parents: Children born to unmarried parents are eligible to recover damages if their mother passes due to wrongful death. If the father was a victim of wrongful death, he must have recognized the children as his own for them to receive compensation.
• Dependents: If the deceased had any dependents that relied on them for financial support, they might receive compensation for loss of support.

Due to the sensitive and complicated nature of these claims, we handle your case with personalized care to help ensure you and your family receive the justice and compensation you deserve. We support you from start to finish so you never feel alone.

How Long Do You Have to File a Wrongful Death Claim in Florida? 

According to Florida Statute 95.11 (4)(d), you have to file your wrongful death claim within two years of the date of death. While this may seem like a long time, the process can be complicated, and other delays can get in the way. Time can weaken your claim, as well; evidence can be lost over time, such as witness memory or security footage.

Contacting a lawyer immediately lets you focus on your family while we ensure your claim gets filed properly and within the statute of limitations. This way, you can receive compensation for your losses as soon as possible with strong support from our devoted attorneys.

Seek Help From a Caring Florida Wrongful Death Lawyer at the Law Office of Scott Sobol

If you lost a loved one because someone else neglected their duty to care for others’ safety, it can feel impossible to move on and start the legal process. Fortunately, you do not have to go through it on your own. Our lawyers at the Law Offices of Scott Sobol understand the pain of losing a loved one. We can listen to your story and determine the best path forward to achieve a successful outcome for you and your family.

We have helped those who lost loved ones to wrongful death with our top-tier legal services and innovative strategies since 2003. Our driven legal team strives to pursue what is right and hold negligent parties accountable. With thousands of successful cases, we can bring you more peace of mind to make the legal process easier. To schedule a free consultation, call (954) 440-2000 or fill out our contact form.