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Who Can File Wrongful Death Suits in Florida

December 2, 2021 Legal Team
Wrongful Death Suit

A wrongful death suit can be filed against the responsible party if you lost a loved one due to another person’s negligence. How these cases are filed and who can file them vary by state. This type of lawsuit can be complicated and you should retain an experienced wrongful death attorney to assist you.

Find out who can file a wrongful death suit in Florida, and what you need to know about these lawsuits.

When Can Wrongful Death suits Be Filed in Florida?

In Florida, the victim’s family can file a wrongful death suit if any of the following caused the person’s death:

  • Wrongful death
  • Breach or default of a contract
  • Negligence

The lawsuit must be filed within two years of the person’s death, or the statute of limitations will run out.

Who Can File a Wrongful Death suit?

In Florida, only specific people can file a wrongful death claim after a loved one’s death. This can include:

  • The deceased person’s spouse.
  • The deceased person’s children.
  • The deceased person’s parents.

Other relatives might be eligible as well, but the primary beneficiaries get priority.

When the wrongful death claim is officially filed in court, the wrongful death attorney or another personal representative will be present in the courtroom. The representative should either be court-appointed or named in the estate plan. This person will file the claim on behalf of the family members.

With the claim, the eligible family members can seek compensation for numerous expenses. This can include funeral expenses, medical bills, loss of income, loss of benefits, and other costs. A wrongful death attorney can help families determine the earnings the victim would have accumulated throughout their natural lifetime and try to get compensation for that total. Spouses can also seek compensation for loss of companionship. If a child dies, the parents can seek compensation for emotional suffering, in addition to the above list of damages.

Why You Need an Attorney

If you lost a loved one due to wrongful death, it’s essential to hire an experienced wrongful death attorney. An attorney will help you determine if you have a wrongful death case, assist you in gathering evidence to prove it was a wrongful death, determine who is eligible to seek damages, and help you calculate what compensation you are owed.

Wrongful death cases can be complicated, so it’s essential to have an experienced attorney on your side who knows the process and knows how to help you recover the compensation you and your family are owed.

We Can Help

If you lost a loved one due to wrongful death, you need help from top-rated, hard-working representation. At Shapiro|Delgado, our attorneys put their injury law experience to work for you. And we handle cases on a contingency basis, which means we don’t get paid unless you do.

During this difficult time, it’s normal to have a rush of emotions from pain and anger to sadness and confusion. Our team of wrongful death attorneys is here to help ease your anxiety and hold your hand through every step of the process. We’ll deal with the stress of submitting legal paperwork and litigating with insurance companies while you and your family do your best to recover.

Shapiro | Delgado | Hofmann is Sarasota’s premier wrongful death law firm and our attorneys have over 100 years of combined legal experience. We have the knowledge, trial experience, and tested track record to handle even the most complex wrongful death cases.

We represent clients throughout Florida, including Sarasota, Bradenton, Tampa, Saint Petersburg, Pinellas County, and surrounding communities.

To set up a free personal consultation, call 941-954-4000 or use our convenient online contact form.

Your family counts on you.

 You can count on us.