Who Is Eligible to File a Wrongful Death Claim in Florida?

Wrongful death claims are subject to strict rules and requirements under Florida law. If your family needs to file a wrongful death claim, it is important to work with an experienced wrongful death attorney in Florida throughout the process. An experienced attorney will be able to explain everything you need to know, take all necessary legal action on your family’s behalf, and fight for the financial compensation your family deserves.

One of the first steps toward filing a wrongful death claim in Florida is understanding who is eligible to file. While multiple family members may be eligible to receive financial compensation if a wrongful death claim is successful, only one person is eligible to file a claim under Florida law.

Only the Decedent’s Personal Representative is Eligible to File a Wrongful Death Claim

In Florida, a wrongful death claim must be filed by the decedent’s personal representative. This is made clear in Section 768.20 of the Florida statutes, which states:

“The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”

A decedent’s personal representative can be chosen in one of two ways. First, if the decedent left behind an estate plan, the estate plan should designate a personal representative (and potentially a back-up personal representative should the decedent’s first choice be unavailable to serve in the role). Second, if the decedent did not leave behind an estate plan, choosing a personal representative will involve initiating the probate process in the appropriate Circuit Court. Generally speaking, if the decedent’s family members agree who should serve as the decedent’s personal representative, the judge will approve the family members’ choice.

Strict deadlines apply to wrongful death claims in Florida; and, although the decedent’s personal representative will have up to two years from the date of death to file a claim in most cases, it is important to begin the legal process as soon as possible. With this in mind, if you believe that your family may have a wrongful death claim, we strongly recommend speaking with an experienced attorney promptly.

The Decedent’s Survivors Are Eligible to Receive Financial Compensation When a Wrongful Death Claim is Successful

When a personal representative files a wrongful death claim, he or she does so on behalf of the decedent’s estate and eligible family members. These family members are referred to as “survivors” under Florida law. Section 768.18 of the Florida Statutes defines this term as follows:

“’Survivors’ means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.”

All survivors are generally eligible to receive the same types of damages in Florida wrongful death cases. However, spouses, minor children (defined as being under 25 years of age), and certain other survivors may be entitled to recover additional damages as well. Florida law provides that:

• Survivors – All survivors are eligible to recover, “the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.”
• Spouse – The decedent’s spouse is also entitled to recover damages for “loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.”
• Minor Children – Minor children are entitled to recover damages for their “lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.”
• Adult Children – If the decedent does not have a surviving spouse, any adult children are entitled to recover the same damages as minor children.
• Parents – When parents lose a minor child in a fatal accident, they are entitled to seek damages for their mental pain and suffering. Parents of adult children are also entitled to seek damages for their mental pain and suffering if there are no other survivors.

In addition to these damages, the decedent’s personal representative is also entitled to seek certain damages on behalf of the decedent’s estate. These damages, if recovered, will be distributed either: (i) according to the decedent’s estate plan; or (ii) if the decedent did not leave an estate plan, according to Florida’s intestate succession laws. Damages that the personal representative may be able to recover on behalf of the estate include:

• Medical and Funeral Expenses – In most circumstances, the personal representative is entitled to recover any medical and funeral expenses paid by or on behalf of the decedent or charged against the decedent’s estate.
• Loss of Earnings – The personal representative can seek to recover the decedent’s loss of earnings from the date of injury to the date of death (if any).
• Loss of Prospective Net Accumulations – In certain circumstances, the personal representative can also seek to recover, “[l]oss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death.”

The financial and non-financial costs of losing a loved one too soon can be substantial, and this makes it important for grieving families to take appropriate legal action when warranted. If you have questions about your family’s legal rights, we strongly encourage you to schedule a free, no-obligation consultation today.

Speak with an Experienced Wrongful Death Attorney in Florida for Free

Searcy Denney is a Florida personal injury and wrongful death law firm that has decades of experience fighting for victims and their families. If you have questions about your family’s legal rights, our attorneys can explain everything you need to know. To speak with an experienced wrongful death attorney in Florida for free, call 800-780-8607 or tell us how we can reach you online now.