Losing a loved one is a horrible experience, regardless of the circumstances. If someone near and dear to you has passed away as a result of the negligent actions of another party, you may be eligible to file a wrongful death claim. Although, while relatives are usually eligible to file a wrongful death lawsuit in some states, the state of Florida has different rules regarding these cases. In Florida, only the personal representative named in the deceased person’s estate can legally file a wrongful death claim against the liable party. If another party was responsible for the death of a relative and you were named the representative of their estate, reach out to the Panama City wrongful death attorneys at Manuel & Thompson Attorneys at Law for more information about your lawsuit.
Who Can File a Wrongful Death Claim in Florida?
While most states allow a next-of-kin or immediate family member of someone wrongfully killed by the negligent actions of another person, Florida has very different rules.
Under the Florida Wrongful Death Act, only the personal representative of the estate is eligible to bring a claim against a negligent party following the wrongful death of someone.
Generally, the personal representative will be named in the will created by the deceased. If no will exists, the court will appoint someone to fulfill this role. As such, the personal representative will file the claim on behalf of the estate and all eligible survivors, if any exist.
Who Counts as a “Survivor” Under Florida Wrongful Death Law?
Under Florida Statute 768.18(1), a survivor includes any spouse, children, or parents of the deceased. However, this can be expanded to include blood relatives and half-siblings who are partially or wholly dependent on the deceased. This statute also recognizes that children born out of wedlock to a mother as survivors, but not fathers, unless the father has established paternity and responsibility for support.
What Qualifies as a Wrongful Death?
According to Florida law, a wrongful death is typically defined as when a person’s death is caused by another person or entity due to a wrongful act, negligence, default, or breach of contract or warranty
Common Wrongful Death Scenarios
Because of the vague phrasing, there is a wide variety of situations that could meet this definition. This phrasing is intentionally broad, as it allows families to seek justice in a number of circumstances. As such, this helps ensure that negligent individuals are held liable when they cause the loss of life. Common situations in which wrongful death may occur include, but are not limited to:
- Car accidents
- Trucking accidents
- Defective products
- Unsafe premises (slips and falls, unsafe conditions)
- Medical Malpractice
- Nursing home abuse or negligence
- Workplace accidents
- Criminal acts that result in unintentional death
What Damages Can Survivors Recover Under Florida Law?
Under the Florida Wrongful Death Act §768.21, all survivors of the estate are entitled to damages under the law.
Survivor Damages
- Loss of support and services
- Loss of companionship
- Mental pain and suffering (only for spouses and parents)
- Loss of parental guidance
- Medical and funeral expenses
Estate Damages
- Loss of future earnings
- Loss of accumulations to the estate
- Medical or funeral expenses paid out of the estate
What Is the Statute of Limitations for Wrongful Death in Florida?
It is important to understand that wrongful death, like other personal injury claims, does have a statute of limitations that you must file by. As such, under Florida Statutes § 95.11, you have two years from the date of the death to bring a claim against the negligent party for their actions. Failure to file this claim before the statute of limitations expires will result in the inability to recover compensation.
Contact a Panama City Wrongful Death Lawyer Today
Losing a loved one can be devastating. Unfortunately, for the personal representative, instead of grieving your loss, you may need to handle their estate while pursuing a personal injury claim against the negligent party. That is why working with an experienced attorney with Manuel & Thompson, P.A. is in your best interest. Our firm can handle the complexities of your claim against the negligent party so you can focus on celebrating the life and legacy of your loved one. Contact us today to learn how we can help you through these challenging times.
