James Frazier | | Wrongful Death
When a loved one tragically loses their life due to someone else's negligence, family members may have the right to seek justice through a wrongful death claim. However, understanding who can file a wrongful death claim in Florida is a crucial first step in this legal process. Florida law has strict guidelines on eligibility and timelines, making it essential to consult experienced attorneys like those at Paul | Knopf | Bigger to protect your rights.

Who Can File a Wrongful Death Claim in Florida?

When a loved one tragically loses their life due to someone else’s negligence, family members may have the right to seek justice through a wrongful death claim. However, understanding who can file a wrongful death claim in Florida is a crucial first step in this legal process. Florida law has strict guidelines on eligibility and timelines, making it essential to consult experienced attorneys like those at Paul | Knopf | Bigger to protect your rights. Contact us now with immediate questions. Call us at (800) 434-4327.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by the wrongful act, negligence, or breach of contract by another party. Under Florida’s Wrongful Death Act, the goal is to provide financial compensation to the deceased’s surviving family members for their losses, including lost income, emotional pain, and funeral expenses.

Florida law specifies that only the personal representative of the deceased's estate is legally allowed to file a wrongful death claim. The personal representative, often named in the deceased's will or appointed by the court if no will exists, files the claim on behalf of the estate and surviving family members.

Who Can File a Wrongful Death Claim in Florida?

Florida law specifies that only the personal representative of the deceased’s estate is legally allowed to file a wrongful death claim. The personal representative, often named in the deceased’s will or appointed by the court if no will exists, files the claim on behalf of the estate and surviving family members.

The personal representative’s role includes:

  1. Filing the lawsuit in the appropriate Florida court.
  2. Identifying all eligible survivors who may receive compensation.
  3. Representing the best interests of the estate and beneficiaries.

Who Are the Eligible Survivors in a Wrongful Death Claim?

Once a wrongful death claim is filed by the personal representative, the following family members may be entitled to compensation:

1. Spouse

A surviving spouse typically has the most extensive rights in a wrongful death case. Compensation for the spouse often includes loss of companionship, emotional suffering, and financial support.

2. Children

Minor children (under the age of 25) can recover damages for lost parental guidance, emotional trauma, and support. Adult children may also recover compensation under specific circumstances, such as when there is no surviving spouse.

3. Parents

Parents of the deceased may recover damages if the deceased was a minor. In cases involving an adult child, parents may still seek damages if there are no other eligible survivors.

4. Other Dependents

Family members who were financially dependent on the deceased, such as siblings or other relatives, may also be eligible for compensation. However, their claims are more limited and must be substantiated by evidence of dependency.

The damages recoverable in a Florida wrongful death claim aim to compensate the family for both economic and non-economic losses. These include:

Damages Recoverable in a Wrongful Death Case

The damages recoverable in a Florida wrongful death claim aim to compensate the family for both economic and non-economic losses. These include:

  • Medical Expenses: Any costs incurred for the deceased’s medical treatment before death.
  • Funeral and Burial Costs: Reasonable expenses related to the funeral.
  • Loss of Income: Compensation for the financial support the deceased would have provided.
  • Emotional Pain and Suffering: Intangible losses such as grief and mental anguish.
  • Loss of Parental Guidance: Damages for children who have lost a parent.

Time Limits for Filing a Wrongful Death Claim in Florida

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. Failing to file within this period may result in the loss of the right to pursue compensation. However, exceptions may apply in certain cases, such as fraud or concealment by the responsible party. Consulting with Paul | Knopf | Bigger promptly ensures that deadlines are met and your case remains viable.

Why Choose Paul | Knopf | Bigger for Your Wrongful Death Claim?

At Paul | Knopf | Bigger, we understand the emotional and financial toll that a wrongful death can impose on families. With decades of experience handling complex wrongful death cases, our firm is committed to delivering justice for families across Florida.

Here’s what sets us apart:

  • Expertise in Florida Wrongful Death Laws: We navigate the intricate legal framework to secure the maximum compensation possible.
  • Proven Track Record: Our team has successfully litigated against Fortune 500 companies and insurance giants.
  • Compassionate Advocacy: We treat every client with the dignity and respect they deserve during this challenging time.

Filing a wrongful death claim involves several critical steps, including: Consulting an Experienced Attorney: Partner with a firm like Paul | Knopf | Bigger to evaluate your case. Appointing a Personal Representative: Identify or appoint the estate’s personal representative. Gathering Evidence: Collect medical records, police reports, witness statements, and other essential documentation. Filing the Lawsuit: Submit the claim within Florida’s statutory deadline. Negotiating or Litigating: Work towards a settlement or proceed to trial if necessary.

Steps to File a Wrongful Death Claim in Florida

Filing a wrongful death claim involves several critical steps, including:

  1. Consulting an Experienced Attorney: Partner with a firm like Paul | Knopf | Bigger to evaluate your case.
  2. Appointing a Personal Representative: Identify or appoint the estate’s personal representative.
  3. Gathering Evidence: Collect medical records, police reports, witness statements, and other essential documentation.
  4. Filing the Lawsuit: Submit the claim within Florida’s statutory deadline.
  5. Negotiating or Litigating: Work towards a settlement or proceed to trial if necessary.

Common Causes of Wrongful Death in Florida

Understanding the common causes of wrongful death can help families recognize when they have a valid claim. These include:

  • Car Accidents: A leading cause of wrongful deaths, often due to driver negligence or intoxication.
  • Medical Malpractice: Fatal errors in diagnosis, treatment, or surgery.
  • Workplace Accidents: Especially in construction or industrial settings.
  • Defective Products: Fatal injuries caused by unsafe or malfunctioning products.
  • Criminal Acts: Homicides or other intentional acts of harm.

David Paul | Andrew Knopf | Brent Bigger of Paul | Knopf | Bigger - Offices in Orlando and Tampa, Florida

Seek Justice with Paul | Knopf | Bigger

Navigating the aftermath of a loved one’s untimely death is never easy. By partnering with Paul | Knopf | Bigger, you gain a dedicated legal team committed to fighting for your family’s rights. Let us handle the legal complexities so you can focus on healing. Complete a free case evaluation form now.  Or, give us a call today at (800) 434-4327.

Sources: