Losing a loved one before their time is heartbreaking. However, it’s even more devastating when a loved one’s death is caused by the wrongful or negligent acts of another party, as survivors are left to cope with the burden that this horrific loss was preventable. Although damages from such a loss are immeasurable, Florida law allows qualified claimants reimbursement for certain losses. Please continue reading to learn who is eligible to file a wrongful death claim in Florida and how our compassionate Manatee County Wrongful Death Lawyers can help you get justice.
Who is Eligible to File a Wrongful Death Claim in Florida?
In the state of Florida, not everyone can file a wrongful death claim after losing a loved one. As mentioned above, relatives can recover damages through a wrongful death claim. However, only certain family members are eligible to file the lawsuit. Florida law requires the personal representative (also known as an executor) of the decedent’s estate to file a wrongful death claim. They will act on behalf of the decedent’s estate and any surviving family members. A personal representative is typically named in a will or estate plan. If they died without an estate plan, the court will appoint a personal representative.
Despite only the personal representative being able to file a wrongful death claim, any compensation from the claim is paid to the victim’s estate for the benefit of their survivors and dependents. It’s important to note that the personal representative must list all potential beneficiaries who can legally claim a portion of the damages when filing the lawsuit.
What Damages Are Available?
Although no amount of money can compensate you for the loss of your loved one, there is a legal avenue for financial relief to help ease the burden of their loss. For a successful wrongful death claim, you must prove that your loved one lost their life due to the wrongful or negligent act of another and that had your loved one survived, they would have been able to recover damages from the defendant. If you can satisfy the burden of proof, damages may be awarded to the decedent’s family and the estate. Recoverable compensation often includes:
- Funeral expenses
- Emotional distress
- Pain and suffering
- Loss of support and services the decedent provided
- Loss of companionship, instruction, and guidance
- Medical expenses of the deceased received before passing away
- Lost wages and benefits
Understandably, the last thing you want to do as you grieve is get involved in the legal process of filing a claim. However, it’s important to note that you generally have two years from the date of the decedent’s death to file a wrongful death claim in Florida.
At Becker & Lindauer, LLC, we understand that there is nothing more devastating than losing a loved one, especially as a result of someone else’s negligence or wrongful act. Don’t navigate this difficult time alone. Contact our trusted Manatee County wrongful death lawyers, who can help you get the justice you deserve.
