Who Can File a Florida Wrongful Death Lawsuit?

Losing someone close to you is never easy. It is nearly impossible to imagine your life without them and it is feels like you will not be able to move forward. If your loved one has recently passed away, we want to extend our condolences to you.

When someone’s death results from negligence or a wrongful act, whether it had to do with medical malpractice, nursing home abuse or a car accident, a Florida wrongful death claim may be pursued. For example, a wrongful death claim can be made against a drunk driver who causes a deadly accident or against a manufacturer that creates an unsafe product. Wrongful death cases are similar to personal injury lawsuits, except the damages are different. Some of these damages include lost support and services, mental pain and suffering, loss of companionship, loss of earnings, medical expenses and funeral costs.

According to the Florida Wrongful Death Act, a wrongful death claim may “be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate.” The law mentions specific people who are considered to be the survivors of the decedent (the person who passed away). They include the decedent’s:

• Spouse
• Children
• Parents
• Dependent blood relatives
• Dependent adopted siblings

Florida law also defines “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,” as a survivor.

If your loved one was the victim of negligence or wrongful act that led to his or her death, you should seek legal advice. Contact a Palm Beach personal injury attorney at Fetterman & Associates – the Law Team at (866) 865-1244 for a free legal consultation. We represent clients in Palm Beach County, St. Lucie County and Martin County.