When it comes to filing a wrongful death claim in Florida, learn about who is (and isn’t) eligible under state law
If your loved one was tragically killed due to another person’s negligence, you may be eligible to file a wrongful death claim. In the case of fatalities from a car crash, a car accident death lawyer can guide you through the complexities of Florida’s legal system and ensure you understand your eligibility and options.
If the claim is filed in Florida, there are specific rules regarding eligibility that you should know about before you start filing a wrongful death lawsuit.
What is wrongful death?
While there are many different types of wrongful death cases, these claims are all compensation lawsuits that are brought to civil court. A wrongful death claim is a result of someone’s negligence or direct act that caused the death of another individual. Every state has its own law when it comes to how the aggrieved party can file the lawsuit, and regulations also exist in determining the persons who are eligible for wrongful death compensation.
A wrongful death claim differs from murder, homicide and manslaughter in that the case is brought to civil court rather than criminal court. The main purpose of a wrongful death lawsuit is NOT to punish the defendant for breaking a law, but rather to compensate the deceased’s surviving loved ones (plaintiffs) for their loss.
Florida has set restrictions on when and how a certain family member can file a wrongful death claim. Most residents don’t know how to handle the situation, which is why they immediately try to seek justice by going straight to court. However, it’s critical that you speak to an attorney first to explore your available options and understand your rights under the law of the state.
Wrongful death law of Florida
In Florida, all claims for wrongful death are addressed in the state’s legal statutes (section 678.18), which says that if the loss is due to any of the reasons listed below, the law grants the surviving members of the family to file a lawsuit:
- Wrongful act
- Breach or default of contract
- Negligence
There’s also a statute of limitations that concern wrongful death claims. The time limit residents of Florida can file a wrongful death lawsuit is set at within two years from the time of death. In some special cases, the personal representative or attorney for the family may be allowed an extension for the claim. However, the majority of wrongful death lawsuits are only accepted within the 2-year period.
Who can file a wrongful death claim?
A wrongful death lawyer or other personal representative should be present in court to initiate the official complaint. This representative should be named in the estate plan of the deceased or someone whom the court has appointed. This particular representative will file the claim on behalf of all the members of the family who are suffering due to the loss of their loved one — whether emotionally or financially.
The representative must also list all the surviving family members who have an interest in the lawsuit. These family members often include:
- The deceased’s spouse
- The deceased’s children (minor children, defined as those under the age of 25, are entitled to higher damages than adult children)
- The deceased’s parents
Other relatives who depended on the person who dies for financial support may be eligible as well, but only after the deceased’s primary beneficiaries (listed above) have a chance to file a claim.
What is the order of priority for beneficiaries in Florida wrongful death claims?
Under the Florida Wrongful Death Act, the beneficiaries who can file a claim are prioritized as follows:
- The deceased’s spouse. The surviving spouse of the deceased has the highest priority to file a wrongful death claim.
- The deceased’s children. If there is no surviving spouse, the deceased’s children have the next priority.
- Children born out of wedlock. If the mother is deceased, a child or children born out of wedlock to the deceased mother are eligible to file a claim. If the father is deceased, a child or children born out of wedlock to the deceased father can file a claim if they were dependent on the father for support during his life.
- The deceased’s parents. If there is no surviving spouse or children, the parents of the deceased are next in line to file a claim.
- Blood relatives dependent on the deceased. Next, blood relatives (such as siblings) who relied on the deceased for financial support are eligible to file a claim.
- Adopted siblings dependent on the deceased. Adopted siblings who were financially dependent on the deceased can also file a wrongful death claim.
In most cases, the surviving spouse is appointed as the personal representative of the deceased person. This representative is responsible for managing the wrongful death claim on behalf of all beneficiaries.
If there is no surviving spouse, the decedent’s heirs must appoint a personal representative. If the heirs cannot agree on a representative, or if there is no will specifying a representative, the court will appoint one.
This structured approach ensures that the rightful beneficiaries are given the opportunity to seek justice and compensation for their loss in accordance with the deceased’s familial and dependent relationships.
Wrongful death damages eligible plaintiffs may collect
The surviving family members who are eligible to file a wrongful death claim under Florida law can ask to receive compensation for the expenses they have paid since the passing of their loved one, such as the funeral expenses and medical bills. In addition, lost wages, benefits, and other earnings will be given to the family based on the amount that the deceased would have contributed in their natural lifetime.
If the case involves the loss of a child, financial help will be given to the parents or surviving relatives for emotional and mental suffering. For spouses, compensation for loss of protection and companionship may also be awarded. If the person who died contributed or paid for the education and other regular expenses of another family member, compensation may be awarded for this as well.
How are wrongful death proceeds divided in Florida?
In Florida, the division of wrongful death proceeds among multiple beneficiaries can be complex, and the court plays a crucial role in ensuring a fair distribution. The court will consider several factors when dividing the proceeds, including:
- The relationship between the deceased and each beneficiary
- The financial dependency of each beneficiary on the deceased
- The emotional and financial impact of the loss on each beneficiary
Generally speaking, if the deceased leaves behind a spouse and children, the court will typically allocate a significant portion of the proceeds to the surviving spouse for the loss of companionship and support. Children, especially minors, will be entitled to compensation for the loss of parental guidance and emotional suffering.
If the deceased has other blood relatives, like parents, who were also financially dependent on them, these relatives may be entitled to a portion of the proceeds as well. In such cases, the court will typically assess the level of dependency of these individuals and allocate compensation accordingly.
Ultimately, the court aims to distribute the wrongful death proceeds in a manner that reflects the losses and needs of the survivors. Consulting with an experienced wrongful death attorney can help beneficiaries navigate this process and advocate for their rightful share of the compensation.
Why hire a Florida wrongful death attorney?
Before you can file a claim for damages, you must establish that it was indeed a wrongful death and that you are eligible for compensation based on your relationship with the deceased person under Florida law.
There are many special rules and additional factors that can make it difficult determine who can recover damages in a wrongful death lawsuit, and when. These complicating factors include things like common law marriages, divorce, remarriage, intention to remarry, adopted children, children born out of wedlock, stepchildren, posthumous children (a child unborn at the time of the parent’s death), illegitimate children, stillborn children, divorced parents, financial dependency and more.
Simply put, wrongful death claims are almost always quite complex, which is why you should seek counsel from an experienced wrongful death attorney in Florida.
