Personal Injury Attorney Explains How To File a Wrongful Death Lawsuit in Fort Myers, FL
Losing a cherished family member because of someone’s negligence can be incredibly painful. Filing a wrongful death lawsuit won’t bring them back, but it may help ease some of the financial burden, especially with the help of a personal injury attorney in Fort Myers.
Below, learn how to file a wrongful death lawsuit in Florida.
Who Can File a Wrongful Death Claim in Florida?
If a loved one passes away because of a wrongful act, one might think that any member of their family can head to court and sue the negligent party responsible. However, this isn’t the case in Florida.
In Florida, only the deceased person's representative can make a claim. The deceased may have named this person in their will or estate plan. If not, the court will assign someone to serve as their representative.
How Long Do Personal Representatives Have To File a Claim?
Now that you know how to file a wrongful death lawsuit and who can do it, you may wonder how long you have to do so.
To make a claim, the personal representative must abide by Florida’s statute of limitations, which gives them two years from the date of death to make a claim.
Who Can Collect Compensation in a Wrongful Death Claim?
In Florida, only certain beneficiaries may seek damages for wrongful death. These include the victim’s:
- Spouse, who can sue for emotional trauma and loss of companionship
- Children below the age of 18
- Parents, if the victim was a minor
- Other family members, including adopted siblings, who had financial dependency on the victim
Children of unmarried parents may also be eligible for damages caused by their mother’s wrongful death. If a child’s unmarried father passes away, they can seek damages for the father’s death if he recognized the child as his own and had an obligation to support them.
Damages Available to Victims
Damages available depend on one’s relationship to the deceased. For instance, spouses can sue for loss of companionship. If a parent’s child passes away, they can sue for the pain caused by the loss of a child.
Other damages a court may award for wrongful death include:
- Burial and funeral expenses paid out of pocket
- The victim’s medical expenses incurred between the time of the accident and their death
- The victim’s pain and suffering before their death
Contact The Law Offices of Marc L. Shapiro, P.A.
The Law Offices of Marc L. Shapiro has more than 30 years of experience serving clients throughout Central and Southwest Florida.
To learn more about who can file wrongful death claims in Florida, call the firm at (239) 500-5000 for a consultation.
