Who Can File a Wrongful Death Case in Florida?
Losing someone you love in a preventable accident is tragic but beyond your grief, there are other implications. The financial losses in the aftermath can lead to questions regarding how you are going to pay for certain expenses and whether you are eligible for compensation. The Wrongful Death Act in Florida allows you to file a wrongful death lawsuit to recover compensation for your losses. If another person’s negligence has caused the death, you may be entitled to compensation.
To obtain the compensation you deserve after a wrongful death, there are certain steps to follow along with legal requirements. For example, not everyone is eligible to file a wrongful death claim, even when another person is at fault for the passing. Below, our Tampa wrongful death attorney explains further.
Personal Representatives File Wrongful Death Claims in Florida
Surviving family members do not necessarily file wrongful death claims in Florida. Instead, the personal representative of the deceased initiates the lawsuit on behalf of the deceased’s estate. Personal representatives are often named in wills. When a person passes away without a will, the probate court will name a personal representative. In the majority of cases, the personal representative is a surviving spouse, child, or other immediate family member.
Who Benefits from a Wrongful Death Lawsuit?
Although the personal representative will initiate the lawsuit, any damages obtained through the case are awarded to the beneficiaries of the deceased. The beneficiaries of an estate include surviving spouses, children, parents, and dependents of the estate. The estate plan of the deceased may also name other beneficiaries in a will, trust, or other legal document.
Through a wrongful death lawsuit, beneficiaries can receive compensation for the losses they suffered as a result of the death. These may include funeral and burial expenses, loss of companionship, and the lost income of the deceased the beneficiaries were dependent on.
Wrongful Death Claims vs. Wrongful Death Lawsuits
One of the first steps the personal representative will take after a wrongful death is to file a claim with the at-fault party’s insurance company. The vast majority of wrongful death claims are settled once these insurance claims are filed. Your attorney and the insurance company will negotiate until a fair settlement offer is reached.
If the insurer refuses to offer a fair settlement, you may have to take the case to trial. In these cases, you will have to go to court and argue your case in front of a judge or jury. The judge or jury will then make the final decision.
Our Wrongful Death Attorney in Tampa Can Help Your Family
Losing someone you love is always devastating. When a death was caused by someone else’s negligence, it is even more frustrating. At Moore Law, our Tampa wrongful death attorney can help your family through the process and handle the legal details of your case so you can focus on moving forward. Contact us online to schedule a consultation and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html
