Suing for Wrongful Death in Florida
July 27, 2021Did you know that you can recover financial damages from the parties responsible for your loved one’s passing in Florida through a wrongful death claim?
Wrongful death claims are civil actions that allow certain family members or dependents of the deceased to recover a settlement.
Read on to learn more about suing for wrongful death in Florida.
Who Can Sue for Wrongful Death in Florida?
According to Florida law, a wrongful death happens when a person, group, or other party causes another person’s death through their actions. Specifically, if someone else was negligent or acted in another way that carelessly led to someone else’s death, they could be considered to be at legal fault for the accident.
It’s important to understand that wrongful death refers to the civil liability that someone else has for the death of another. In a civil claim, such as those for wrongful death, the aggrieved party—the family, for example—files suit against the at-fault party to recover compensation related to their loved one’s passing.
These tort actions are separate and can be totally unrelated to any existing criminal investigation or action that might be brought by a prosecutor.
Another quirk related to wrongful death in Florida concerns the actual party (or parties) that can file a wrongful death claim in the state.
Whereas in other states it’s common for the surviving family to have to take action against the at-fault person or entity, in Florida, only a designated representative of the deceased’s estate can file a wrongful death claim.
In doing so, the personal representative is empowered to act on behalf of the deceased’s estate and the surviving family members. They are also generally required to make a list including all the potential beneficiaries in the suit. For more information on the particulars of filing a wrongful death claim in Florida, consult with an experienced wrongful death attorney at our firm.
Examples of Wrongful Death Claims in Florida
As mentioned, wrongful death cases can result when any person or entity is responsible for causing another person’s death through their own actions. These actions can either be accidental or intentional.
Some of the most common types of accidents or acts named in wrongful death claims include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Construction accidents
- Medical malpractice
- Defective products
- Deadly assault
Regardless of the nature of your loved one’s passing in Florida, if someone else is responsible, an experienced attorney can help you look into filing a claim to recover damages related to end-of-life expenses, medical bills, emotional damages like pain and suffering, and more.
Learn More from a Wrongful Death Lawyer
Have you lost a loved one due to the carelessness or intentional acts of another? At Gross & Schuster, P.A., we know just how devastating that can be. Our team of compassionate and experienced attorneys is here when you need us to help you seek justice for your loss.
Call us at 850-434-3333 or fill out the form below to learn more.
