The loss of a loved one is an event of immeasurable pain and grief. But what if that loss could have been prevented? What if it occurred due to someone else’s negligence or wrongdoing? In Florida, the law recognizes the immense void left by such losses and grants specific individuals the right to seek compensation through wrongful death claims. Please continue reading and reach out to a dedicated Jacksonville wrongful death lawyer from Ansbacher Law to learn more about wrongful death claims in Florida and how our legal team can help you fight for the justice you deserve. Here are some of the questions you may have:
What is a Wrongful Death Claim?
Before diving deep into eligibility, it’s crucial to clarify what constitutes a wrongful death claim. Simply put, it’s a legal action initiated when a person’s death results from the negligence, recklessness, or intentional actions of another. The goal? To seek compensation for the surviving family members who suffer financial and emotional consequences due to their loved one’s untimely passing.
Who is Eligible to File this Claim in Florida?
Florida law is precise when it comes to determining the parties eligible to file a wrongful death claim. Only the following may file one:
- Personal Representative of the Estate: Each decedent’s will typically names a personal representative. This individual is responsible for representing the deceased’s estate and can file a wrongful death claim on behalf of the estate and the decedent’s survivors.
- Immediate Family Members: In Florida, the law prioritizes the rights of immediate family members. These include the deceased’s spouse, children, and, in certain situations, parents. Especially for minors (children under 25), they may seek compensation for loss of support and services, mental pain and suffering, and more.
- Adopted Children and Blood Relatives: Are adopted children eligible? Yes, they are. Adopted children hold the same rights as biological children in wrongful death cases. Similarly, blood relatives who were partly or wholly dependent on the deceased for support or services can also file a claim.
What if There is No Will?
If the deceased did not leave a will naming a personal representative, the court takes the initiative. The court appoints a personal representative, ensuring the rights of the decedent’s survivors are safeguarded and appropriately represented.
What Can Be Compensated in a Wrongful Death Claim?
Different survivors might be eligible for various types of damages. While spouses might seek compensation for loss of companionship or protection, children, especially minors, might receive compensation for lost parental guidance. All survivors can seek damages for lost support and services. Additionally, the estate can recover damages for lost earnings, medical expenses, and funeral costs.
How Can Ansbacher Law Help?
Navigating the complexities of wrongful death claims in Florida is no easy task. Emotional stress, intricate legal procedures, and the pursuit of justice converge, making professional guidance indispensable. Ansbacher Law, deeply compassionate and fervently dedicated, stands ready to guide families of wrongful death victims every step of the way. With a staunch commitment to justice, the team at Ansbacher Law is prepared to provide the skill and dedication each family rightfully deserves. Contact us today to schedule your free initial consultation with our firm.