Who Can Bring a Wrongful Death Suit?
A wrongful death claim differs from a normal negligence lawsuit, which is brought by an injured person seeking compensation for his or her damages. Prior to the enactment of wrongful death legislation, a wrongful death claim did not exist based on the belief that a claim died with the victim and there was no way to compensate the deceased for damages. During this period, even the surviving family members could not claim damages from the person responsible for the victim’s death.
To correct this injustice, states began passing wrongful death legislation to both provide compensation to family members damaged by the wrongful death of the victim, and to encourage people to act more prudently and safely.
If you need to pursue a claim, our Orlando wrongful death lawyers are here to help. Start by calling (855) 375-9959 so we can review your case.
The Florida Wrongful Death Act permits the survivors of a deceased victim to seek compensation for damages after the death of a loved one.
Florida law permits all immediate family members including the following to seek compensation:
- Adopted children
- Other relatives that were dependent on the deceased for support
A wrongful death action is brought by the deceased victim’s personal representative on behalf of the survivor’s who have suffered damages as a result of the victim’s death. The personal representative is typically the executor of the decedent’s estate. Should a deceased victim have no estate for probate purposes, it may be necessary to open an estate in order to appoint a personal representative.
As with every lawsuit, a wrongful death claim must be brought within a specific time period following the victim’s death. The statute of limitations in Florida for filing a wrongful death claim is two years for the date of death. Once this time period expires, the courts no longer have jurisdiction to punish the person at fault for the damages caused by the victim’s death.
An experienced Florida wrongful death attorney can assist in filing a lawsuit on behalf of the decedent’s loved ones and guide them through the legal process.
If you have lost a loved one as the result of another’s negligence or intentional actions, contact The Trial Professionals, P.A. today at (855) 375-9959 for a free consultation.