The sudden passing of a loved one is always challenging, especially if another person or company’s irresponsible behavior led to that loss. A wrongful death lawsuit can support the surviving family, but Florida law allows only certain people to file these claims.
What is wrongful death?
Before identifying who can file a lawsuit, it is important to understand what a wrongful death is. Under Florida law, wrongful death is defined as a death that is caused by the malicious or irresponsible actions of a person, company or other entity. This includes deaths resulting from car accidents, medical malpractice, defective products and more.
Who can take legal action after a wrongful death?
In Florida, the personal representative of the deceased’s estate can file a wrongful death lawsuit. If the deceased had a will or estate plan, they may have selected their representative in those documents. If not, the court may appoint one.
While the personal representative files the lawsuit, the estate of the deceased and their surviving family benefit from this legal action. These family members can include:
- Spouses: The surviving spouse of the deceased can recover damages for loss of that important relationship and for the mental pain and suffering they experience.
- Children: Minor children – or all children if the person who passed away was unmarried – can seek compensation for the emotional suffering that resulted from the loss. They can also receive support for lost parental companionship and guidance.
- Parents: The parents of a deceased minor child may receive compensation for the pain and suffering they experience. Parents of an adult child may also recover damages if there are no other survivors.
The loss of a loved one due to someone else’s irresponsible actions is a painful experience. Filing a wrongful death lawsuit can provide monetary support and a sense of justice and closure to the close family of the person who passed away.
