Who Can Sue for Wrongful Death in Florida?

Person saying speech in front of casket

The pain experienced after the death of a loved one is immense. And this pain is only amplified when a loved one’s death was caused by another’s wrongful actions. Anger, sadness, confusion, and a desire for justice are all common reactions following such an event. Fortunately, Florida’s wrongful death laws provide certain aggrieved family members of an individual killed by another’s wrongful actions with a means to seek compensation in court. In Florida, wrongful death lawsuits are often filed in connection with:

  • Automobile accidents
  • Medical malpractice
  • Product liability
  • Violent crimes
  • Workplace accidents

Regardless of the circumstances, anyone who has lost a family member in Florida due to the wrongful conduct of another should immediately contact a Florida wrongful death attorney.

What’s the difference between negligence and wrongful death?

Before moving on, it is first important to differentiate wrongful death from negligence. In a traditional negligence case, an individual files a lawsuit on his or her own behalf. In a Florida wrongful death case, a family member files a lawsuit on behalf of a decedent. Specifically, a wrongful death claim requires the following elements:

  1. The death of an individual was caused by another’s negligent conduct,
  2. The decedent has surviving and dependent family members, and
  3. The surviving family members have suffered financial damages due to the death

Potential claimants in a wrongful death case

When the above elements are met, certain surviving family members of a decedent may file a wrongful death lawsuit on his or her behalf. In Florida, the following close relatives of a decedent may bring a wrongful death lawsuit:

  • The decedent’s children
  • The decedent’s spouse
  • The decedent’s parents
  • The decedent’s dependent blood relatives
  • The decedent’s adoptive brothers or sisters
  • A child born outside of wedlock of a mother
  • A child born outside of wedlock of a father if the father took responsibility for the child’s support prior to his death

The above individuals, who are known as beneficiaries or survivors, can potentially obtain compensation for the following damages in a Florida wrongful death lawsuit:

  • Funeral and burial expenses
  • Medical expenses
  • Pain and suffering
  • Loss of financial support
  • Losses suffered by a decedent’s spouse
  • Loss of companionship
  • Loss of services
  • Loss of parental training and guidance
  • Additional expenses or other financial consequences resulting from the death

Florida Wrongful Death Attorneys

At Staples Ellis, we understand the pain that the loss of a loved one can cause. And although nothing can completely compensate you for such a loss, you may be entitled to monetary damages to help you through this difficult period. At Staples Ellis, we are committed to helping the surviving family members of the victims of negligence find justice while holding responsible parties accountable. Our Florida wrongful death attorneys are here to offer you the experience, knowledge, and personal concern that you deserve. Please contact our office today to arrange a consultation.

Posted in: Wrongful Death