03 Oct 2016
Who Can File a Wrongful Death Claim in Florida?
Posted By Darrigo, Diaz & Jimenez
According to Florida Statutes section 678.18, when one party’s negligent conduct causes the death of another person, the deceased person’s family or estate may bring a wrongful death claim on his or her behalf. The law requires that a personal representative of the decedent’s estate file the claim on the deceased person’s behalf (as named in the deceased person’s will or estate plan). If neither document exists, the court will appoint the personal representative.
The following parties may recover damages in a Florida wrongful death case:
- The deceased person’s spouse, children, or parents
- Any blood relative or adoptive sibling who was wholly or partly dependent on the decedent for services or support
Statute of Limitations in Florida Wrongful Death Cases
There are time limits for wrongful death lawsuits in Florida. The statute of limitations states that a wrongful death claim must be brought within four years from the date of death. If the family or estate of the deceased fails to take action within this timeframe, they may forfeit their right to legal action and will not be able to pursue compensation for the loss of their loved one.
Damages recoverable in wrongful death cases include:
- Medical or funeral expenses any surviving family member paid for the deceased
- Mental and emotional pain and suffering
- Loss of companionship, protection, and guidance
- Loss of support and services
The deceased person’s estate may also seek compensation for the following damages:
- Medical and funeral expenses paid by the estate
- Lost prospective net accumulations of the estate
- Lost wages and benefits
Consult with a Tampa Personal Injury Attorney: (813) 774-3341
If you have suffered the loss of a loved one in a preventable accident that was someone else’s fault, you should immediately contact a lawyer to talk about your legal options. A Tampa wrongful death attorney at Darrigo, Diaz & Jimenez, Attorneys at Law can review your case and inform you of your best course of action. Because of the statute of limitations, it is crucial that you act quickly in order to avoid losing your right to compensation. With decades of combined experience and an unyielding commitment to our clients, you can feel confident bringing your case to our firm.
To learn more about how we may be able to help you, please contact our firm.