Losing a loved one unexpectedly is probably one of the hardest things that you and your family will have to go through in your life. But what might make this tragic loss even more difficult to cope with is if you believe your loved one was made the victim of someone else’s negligence. In other words, their death was unnecessary and untimely. This is when you and your family may deeply consider a wrongful death claim against the party you believe to be responsible for this unfortunate outcome. Without further ado, please continue reading to learn more about who can bring forward a wrongful death lawsuit and how an experienced Broward County wrongful death lawyer at The Finizio Law Group can help you achieve justice on your loved one’s behalf.
Who is legally allowed to file a wrongful death lawsuit in Florida?
The laws governing wrongful death claims may vary slightly from state to state. In Florida, this civil lawsuit may be brought by the personal representative of the deceased individual’s estate. Of note, this may be someone named directly in the deceased’s Last Will and Testament, who was charged with handling their legal and financial matters upon their death. Therefore, in addition to paying debts and distributing assets, such duties and responsibilities may include pursuing legal claims as deemed appropriate.
If the deceased did not designate a successor in their estate plan, the Florida probate court may appoint one on their behalf. This is often necessary before a wrongful death claim can proceed. The purpose is to streamline the legal process and prevent multiple family members from filing separate lawsuits for the same issue. All of this to say, a personal representative may not only act on behalf of the deceased’s estate but also in the best interests of the surviving family members.
Which family members can recover compensation in a wrongful death suit?
Even though a surviving family member may not earn the right to initiate a wrongful death claim in the state of Florida, they may have the opportunity to benefit from its success. Under Florida law, surviving spouses, children, parents, and other relatives may be eligible to recover damages in this specific case type, subject to certain conditions.
The Florida civil court hearing the case may issue a final judgment on how these damages should be distributed among family members. Usually, payouts depend on the relationship to the deceased. For example, a surviving spouse may be compensated for their loss of companionship, while a surviving child may recover for loss of guidance.
If you are able and ready to proceed, please reach out to a skilled Broward County personal injury attorney from The Finizio Law Group. Our promise to you is that we will not give up our fight to get you every dollar of compensation to which you are entitled. So give us a phone call today.
