Who Can Bring a Wrongful Death Lawsuit in Florida?

Wrongful DeathWhen you lose a loved one in a tragic accident, your whole world can be destroyed in the blink of an eye. Realizing that your loved one’s death was caused by another person’s negligence can make a tragic loss even worse. During this time, it is natural to struggle with overwhelming feelings of grief and loss, as well as anger and resentment. While no amount of compensation could ever replace the loss of your loved one, you and your family should not have to suffer unnecessary financial burdens as well.

After a tragic and fatal accident, you or your surviving family members may be able to file a wrongful death lawsuit against the negligent party. This lawsuit will hold the reckless party responsible for their actions and ensure that you and your family have the money you need to pay for funeral expenses, burial costs, and the loss of future earnings and companionship. However, not every family member has the right to file a wrongful death claim after a fatal accident.

Who Can Bring a Wrongful Death Lawsuit?

Florida Statute 768.21 establishes who can bring a lawsuit for wrongful death. Only survivors can file a lawsuit, such as the decedent’s spouse, children, parents, and anyone wholly or partially dependent on the decedent for support or services. The types of compensation that can be recovered depends largely on their relationship to the decedent.

  • Surviving spouses and minor children – compensation for mental pain and anguish, loss of support and services, medical expenses, loss of future earnings, and funeral expenses.
  • Adult children – compensation for lost support and services. If there is no surviving spouse, then adult children may seek compensation for loss of parental companionship, mental anguish, and guidance.
  • Parents – compensation for medical and funeral expenses and mental pain and suffering if there is no surviving spouse or child.
  • Other relatives – compensation only if they were partly or wholly dependent on the person who died.

Choosing the Right Wrongful Death Lawyer

This is an emotional time for many families and having an experienced and compassionate Florida wrongful death lawyer on your side can lift some of the burden off of you. Choosing the right lawyer to file your wrongful death claim is important, especially when the stakes are so high. Before choosing an attorney, consider the following:

  • Choose a local attorney
  • Ask for recommendations
  • Ask about qualifications and review track record
  • Check online reviews
  • Find an attorney with specific experience litigating wrongful death claims
  • Hire someone trustworthy

It is important to hire an attorney as soon as you are able. In the State of Florida, survivors only have 2 years from the date of death to file a claim. In some rare situations, this may be postponed or delayed. An experienced and skilled wrongful death attorney can ensure that you do not miss any critical deadlines for filing a claim.

Contact Our Daytona Beach Wrongful Death Attorneys

If you’ve lost someone you love in Daytona Beach, Florida and you believe that someone else’s negligence was to blame, it is important to speak to an experienced wrongful death lawyer to help you through this difficult time. At Zimmet & Zimmet, our experienced Daytona Beach wrongful death lawyers have extensive experience representing grieving families in Florida. Contact us today for a free initial consultation and review of your case. Call 386-255-6400 or fill out our confidential contact form and someone will call you back! We know that you need a law firm on your side who you trust to fight for you and your family while you pick up the pieces of your life. Let us be that law firm. Call today!

Additional Reading

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A Father’s Stumble Causes a Fatal Boating Accident

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