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Who is Eligible to File a Wrongful Death Lawsuit in Florida?

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Who is Eligible to File a Wrongful Death Lawsuit in Florida?

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Who is Eligible to File a Wrongful Death Lawsuit in Florida?


May 15, 2024

In the face of tragedy, understanding your rights and options under the law is crucial. A wrongful death lawsuit in Florida seeks justice for the untimely loss of a loved one due to another’s negligence or intentional act. This legal recourse not only holds responsible parties accountable but also provides financial relief for the bereaved. At Brubaker Injury Law, we stand with families during these distressing times, offering our knowledge to fight for the compensation you deserve.

The Basics of Wrongful Death Lawsuits

Wrongful death claims are filed when an individual’s death results from a defendant’s wrongful actions, whether through negligence or intentional harm. These lawsuits aim to compensate the deceased’s survivors for financial and emotional losses. In Florida, such cases can stem from various incidents, including car accidents, medical malpractice, or even criminal acts, each carrying profound grief and financial strain for the families involved.

Eligibility to File a Lawsuit

Under Florida law, the right to file a wrongful death lawsuit is granted to the personal representative of the deceased’s estate. This representative, often appointed in the deceased’s will or by the court, acts on behalf of the estate and immediate family members – including spouses, children, parents, and, in certain cases, siblings. These family members must have depended on the deceased for support and services, whether financially or emotionally.

The Statute of Limitations

Timing is critical in legal matters. For wrongful death lawsuits in Florida, there’s a general statute of limitations of two years from the date of death. Exceptions exist, such as for minors or cases where the cause of death was discovered later. Adhering to this timeframe is essential to ensure your case is heard and to secure the justice your loved one deserves.

Legal Procedures and Evidence

Filing a wrongful death lawsuit involves several different steps, starting with proving that the defendant owed a duty of care to the deceased and breached this duty, causing a wrongful death. Evidence plays a key role in establishing negligence or intent. Medical records, witness testimonies, and expert opinions are among the crucial pieces that build your case.

Damages and Compensation

Victims’ families may seek various forms of compensation, including economic damages like medical and funeral expenses, as well as non-economic damages for pain and suffering or loss of companionship. In instances of egregious negligence, punitive damages could be awarded, serving both as punishment and a deterrent against future harm.

Navigating the Legal Process

A wrongful death lawsuit can be challenging and emotionally taxing. It’s paramount to have a skilled attorney who not only understands the intricacies of Florida law but also empathizes with the profound impact of your loss. At Brubaker Injury Law, we combine assertive legal representation with compassionate support, dedicating ourselves to securing the best possible outcome for you and your family.

The death of a loved one is an immeasurable loss. While no amount of compensation can replace their presence, a wrongful death lawsuit in Florida provides a pathway to justice and financial stability during these challenging times. If you’re navigating this difficult path, know that Brubaker Injury Law stands ready to advocate for you, championing your rights with resilience and empathy.

Schedule a Consultation

At Brubaker Injury Law, we understand the weight of your loss and the importance of your fight. Contact us today for a case evaluation, and let us stand up for you and your loved ones against those responsible for your distress. 

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