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Who Can File a Wrongful Death Claim in Florida?

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When a loved one passes away, it can be devastating for friends and family. However, it can be even more tragic when the death is entirely preventable. Unfortunately, a wrongful death can occur due to another party’s negligence. While there is no price tag on your family member’s life, ensuring the person is held responsible can help ease the stress associated with the death. If your loved one was killed due to another party’s negligent or reckless actions, knowing how to proceed with the case is essential. Keep reading to learn more about filing a claim and how a Broward County wrongful death lawyer can help you.

What Is Wrongful Death?

Wrongful death occurs when someone is killed due to another party’s negligence or recklessness. This claim is not made to put a price tag on the life of the deceased, but rather for their loved ones to receive compensation. Because they have to live without their family member, the settlement can cover lost earnings if they were financially dependent on the deceased and emotional support and comfort.

Though often accidents, there may also be a criminal investigation into the responsible party. However, a wrongful death is a civil suit, separate from the criminal lawsuit.

Who Is Eligible to File a Lawsuit?

In some states, the rules around who can file a wrongful death claim are much broader and allow parents, children, and spouses to file the claim. However, Florida statute states that the only person who can file a wrongful death claim is the deceased’s personal representative. Generally, this person is the executor of their estate.

The personal representative can file on behalf of the deceased’s loved ones. They will need to identify the surviving family members who have an interest in pursuing a claim. Generally, these family members include parents, a spouse, and children.

The statute of limitations in Florida is two years, so you will need to file that claim within that time for the case to be brought to court.

How Do You Prove Wrongful Death?

Though it can be challenging to prove wrongful death, it’s essential to ensure that your loved one’s death was not in vain. Like any other court case, the defendant must be proven guilty beyond a reasonable doubt. These deaths can be caused by medical malpractice, criminal violence, birth injuries, occupational hazards, and auto accidents.

To prove wrongful death, there needs to be proof of negligence, breach of duty, and causation. There should also be some measurable damage to receiving payment. This includes any medical expenses, funeral costs, and a loss of income.

If your loved one was taken from you too soon, we want to help ensure justice is served. Reach out to the Finizio Law Group as soon as possible for a consultation to discuss your case.

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