Who can file a wrongful death suit in Florida?

In Florida, the personal representative of a decedent's estate can file a wrongful death lawsuit on behalf of the beneficiaries of that person. The lawsuit may be brought by immediate family members like a spouse, child, parent, brother, or sister. These people may have lost financial or emotional support due to the death.

Florida defines wrongful death as when the conduct of another individual causes the death of a person. This statement means that the death would not have occurred if it were not for the negligent or intentional act of another individual.

It is worth noting that wrongful death must be proven with evidence beyond a reasonable doubt. Furthermore, it is important to make the difference between negligence and wrongful death. Negligence is the failure to exercise reasonable care, resulting in harm to another person, and if someone behaves negligently, the repercussions of their actions may result in injuries to another. However, those injuries do not necessarily kill someone. On the other hand, wrongful death cases are mainly caused by negligence.

It is important to note that in Florida, only one action may be brought for the wrongful death of a person by or on behalf of the survivors who have experienced damages because of their loved one's death. The following are the eligible individuals who can file a wrongful death lawsuit in Florida:

• spouses
• children
• parents
• relatives

In addition to the surviving spouse, child, or parents of the deceased individual, any blood relatives and adoptive children who are dependent on the deceased person for services and support are eligible, too. Even though the wrongful death lawsuit is filed by the personal representative, any financial compensation from the claim is awarded to the victim's estate for the benefit of their survivors and dependents. Upon filing the lawsuit, the personal representative must list every survivor who has an interest in the lawsuit and could legally claim a portion of the damages.

In a wrongful death lawsuit, family members eligible to recover damages are known as beneficiaries. They can claim financial compensation for a wide range of personal injury damages resulting from a loved one's death, including the following:

• payment for funeral and burial expenses paid out of out-of-pocket
• expenses for medical treatment such as hospitalization and surgeries that the family member incurred between the incident and their death
• an award for the suffering and pain the victim experienced between the accident and death

How can The Law Offices of Sean M. Cleary help?

The Law Offices of Sean M. Cleary can efficiently assist you in filing a wrongful death lawsuit on behalf of a loved one. We have the necessary experience, resources, and knowledge to handle these cases, so do not hesitate to contact us if you lost a family member as a result of someone else's negligence.