Losing a loved one is a tragic and emotionally devastating experience. When a death occurs due to the negligence or misconduct of another party, it can be even more difficult to cope with. In such cases, the surviving family members may be entitled to seek justice through a wrongful death lawsuit. However, understanding the legal aspects surrounding wrongful death claims can be complex, especially when it comes to determining who can sue for a wrongful death in Florida. This article aims to shed light on this matter, exploring the relevant laws and providing guidance to those seeking justice.
Wrongful Death Laws in Florida
Florida, like many other states, has specific statutes that govern wrongful death claims. Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another party or entity. Wrongful death claims are civil lawsuits that seek to hold the responsible party accountable for their actions and compensate the surviving family members for their losses.
Eligibility to Sue for Wrongful Death
In Florida, the right to sue for wrongful death is limited to certain individuals who are closely related to the deceased. The law aims to provide compensation to those who have suffered the most significant losses as a result of the wrongful death. The following parties are generally eligible to bring a wrongful death lawsuit in Florida:
Spouse:
The surviving spouse of the deceased has the first right to file a wrongful death claim. In cases where the deceased had multiple spouses, they may all have a right to bring a claim.
Children:
If the deceased person had no spouse, or if the spouse does not initiate a wrongful death claim within a specified timeframe, the deceased person’s children may have the right to file a lawsuit.
Parents:
In situations where the deceased person was a minor child, their parents may be eligible to bring a wrongful death lawsuit. Additionally, if the deceased person was an adult with no spouse or children, their parents may have the right to file a claim.
Other Dependent Relatives:
In some cases, other dependents of the deceased, such as siblings or grandparents who relied on the deceased for support, may be eligible to sue for wrongful death. However, the eligibility of these relatives can be more complex, and it is crucial to consult an attorney to understand their rights.
It is worth noting that Florida law prioritizes the surviving spouse and children over other relatives. If there is a surviving spouse but no children, the spouse would typically receive the entire settlement. If there is a surviving spouse and children, the settlement may be divided between them based on the court’s discretion.
Time Limit to File a Wrongful Death Claim
In Florida, there is a statute of limitations that sets a time limit for filing a wrongful death claim. Generally, the lawsuit must be filed within two years from the date of the deceased person’s death. Failing to initiate legal action within this timeframe can result in the loss of the right to seek compensation.
However, there are exceptions to this rule. For instance, if the wrongful death claim is related to medical malpractice, the statute of limitations may be extended. It is crucial to consult with an experienced attorney who can provide accurate guidance on the applicable deadlines and exceptions in your specific case.
Seeking Legal Assistance
Navigating the legal complexities of a wrongful death claim can be overwhelming, especially when coping with the grief of losing a loved one. Hiring an experienced wrongful death attorney is crucial to ensure that your rights are protected and that you have the best possible chance of obtaining fair compensation.
A skilled attorney like the Ulster County wrongful death lawyers can guide you through the legal process, gather evidence, negotiate with insurance companies, and represent your interests in court, if necessary. They will help determine the appropriate damages to seek, such as medical expenses, funeral costs, loss of income, loss of companionship, and emotional distress.
Losing a loved one is never easy, and when it happens due to the negligence or wrongful actions of another party, it can be especially devastating. Understanding who can sue for a wrongful death in Florida is essential to ensure that the surviving family members can seek justice and receive the compensation they deserve. By consulting with an experienced wrongful death attorneys from Ged Lawyers, you can navigate the legal process more effectively and work towards obtaining the closure and financial support you need during this difficult time.
About the author: Crystal A. Davis
How does one combine a passion for journalism with a strong sense of justice? For Crystal,
the choice was simple: legal journalism. Born and raised in a family of attorneys but wanting
to approach the law from an investigative angle, Crystal decided that people would not hear
her voice in the court, but online, in magazines, journals, and other platforms. When she is
not studying active lawsuits closely to report on them, she writes public-friendly articles
detangling the complicated threads representing the American legal system.