Wrongful Death Lawyer Serving Orlando

Who Can File a Wrongful Death Claim?

In Florida, only the personal representative of the decedent's estate has the authority to file a wrongful death claim. The personal representative, also known as the executor of the estate, brings the wrongful death action on behalf of specific surviving family members and dependents. If the decedent did not designate a personal representative before their death, the court will appoint one.

Potential beneficiaries in a wrongful death lawsuit in Florida may include:

1. The surviving spouse of the decedent
2. The surviving child or children of the decedent (if any)
3. The surviving parent(s) of the decedent
4. Any blood or adoptive relative of the decedent who was financially dependent on the decedent or relied on their services

It is important to note that wrongful death lawsuits in Florida must be filed within two years from the date of death. This timeframe, known as the "statute of limitations," generally prevents claims from being brought after more than two years have passed, except in rare circumstances.

What Damages Can Be Recovered in Wrongful Death Lawsuits?

In wrongful death lawsuits in Florida, both eligible surviving family members and the decedent's estate may be entitled to recover certain damages.

Typically, eligible family members can seek compensation for:

• Out-of-pocket medical expenses incurred by the family member for the decedent's final care
• Out-of-pocket costs for the decedent's funeral and burial paid by the family member
• Mental and emotional pain, suffering, trauma, and distress experienced by the family member
• Loss of support and services provided by the decedent during their lifetime
• Loss of parental support, counsel, instruction, guidance, companionship, etc.
• Loss of love, protection, and companionship provided by the decedent

Meanwhile, the estate can typically seek recovery for:

• Medical expenses paid by the estate for the decedent's final treatment and care
• Funeral and burial costs directly paid by the estate
• Lost income, wages, earnings, and other benefits from the date of injury until the date of death
• The overall value of income, wages, earnings, and benefits that the decedent could have reasonably been expected to earn and leave to the estate if they had lived

Our wrongful death attorneys serving Orlando can help you understand how the specific details of your case may impact the types of damages you can recover, as well as the potential value of your claim. We offer free initial consultations, and our attorney fees are only collected if and when we win your case.