Few things are more devastating than unexpectedly losing a loved one, especially when that loved one lost his or her life because another party acted negligently. Unfortunately, fatal accidents happen every single day in Florida and throughout the United States, and if you recently lost a spouse, parent, child, or another close family member because of another person’s carelessness, you are most likely now wondering whether you can bring a wrongful death suit against the responsible party. Please continue reading and reach out to the experienced and compassionate Jacksonville personal injury lawyers here at Ansbacher Law to learn more about who can file a wrongful death lawsuit 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:
Who Is Allowed to File a Wrongful Death Lawsuit in Florida?
Many people are surprised to learn that surviving family members generally cannot simply file a wrongful death lawsuit on their own behalf.
Instead, under Florida law, a wrongful death lawsuit must typically be filed by the personal representative of the deceased person’s estate. Simply put, the personal representative is the individual responsible for acting on behalf of both the estate and any surviving family members who may have sustained damages as a result of their loved one’s passing.
In many cases, the personal representative was already selected by the deceased person before his or her passing through a will or estate plan. However, if no such person was designated beforehand, a Florida court may appoint someone to serve in that role.
Some examples of individuals who frequently serve as personal representatives include the following:
- A surviving spouse.
- An adult son or daughter.
- Another close family member.
- A trusted friend.
- Another individual appointed by the court when necessary.
You should note that even though the personal representative files the lawsuit, this does not necessarily mean that he or she is the only person entitled to compensation.
Rather, the personal representative is essentially responsible for bringing the claim on behalf of everyone who may have suffered losses because of the death.
Which Family Members May Recover Compensation?
Naturally, after learning that only a personal representative can file a wrongful death claim, many people immediately wonder whether they personally may recover compensation.
Fortunately, Florida law recognizes several categories of surviving family members who may be entitled to financial recovery.
Some of the individuals who may recover compensation through a wrongful death lawsuit can include:
- A surviving spouse.
- Minor children.
- Adult children in certain circumstances.
- Parents of a deceased minor child.
- Parents of an adult child under limited circumstances.
- Other blood relatives or adoptive siblings who depended on the deceased for financial support or services.
The type of compensation available frequently depends on the relationship between the survivor and the deceased individual.
For example, a surviving spouse may seek compensation for the loss of companionship and protection that his or her spouse provided throughout the marriage. Similarly, minor children may seek damages for the loss of parental guidance, instruction, and support.
Some additional damages available in wrongful death lawsuits may include:
- Medical expenses incurred before the individual’s passing.
- Funeral and burial expenses.
- Lost wages and future earnings.
- Loss of financial support.
- Loss of companionship.
- Mental pain and suffering.
- Loss of services that the deceased would have otherwise provided.
What Happens if Multiple Family Members Have Claims?
For obvious reasons, many fatal accidents impact more than one person.
For example, if a married parent with children passes away because of another party’s negligence, a surviving spouse and several children may all have valid claims stemming from the same incident.
Fortunately, Florida law accounts for situations such as these.
Rather than requiring every surviving family member to file his or her own lawsuit, the personal representative generally files a single wrongful death action that includes all eligible beneficiaries and the damages they sustained.
Generally speaking, the process often includes the following steps:
- Identifying all surviving beneficiaries.
- Determining the financial losses sustained by each family member.
- Evaluating emotional and non-economic damages.
- Gathering evidence regarding lost income and support.
- Negotiating with insurance companies.
- Proceeding to litigation if a fair settlement cannot be reached.
Ultimately, while a wrongful death lawsuit can never undo what happened or replace a loved one who was taken too soon, it can provide financial stability during an incredibly difficult time and hold negligent parties accountable for the harm they caused.
If you believe you have a valid case, please don’t hesitate to contact Ansbacher Law for a free initial consultation today.