It’s hard to lose a loved one suddenly. It can be even harder to go through the legal system while processing these emotions. In Florida, understanding liability and who can file for a wrongful death lawsuit is important. Having this knowledge can give these families the closure they need to deal with losing their loved one. It’s important to hire a lawyer who knows necessary to get through these cases with ease. With their help, families won’t need to stress and can go through the grieving process knowing they’re in good hands.
Understanding Florida’s Wrongful Death Statute
Florida’s Wrongful Death Act, under Statute §768.19, outlines the provisions for pursuing this type of claim. According to this, a person in charge of the victim’s estate is the person entitled to work through this type of lawsuit. This representative can be listed in the deceased’s will or chosen by the court if there is no will in place. This person is responsible for the person’s estate and allowed to take care of their business. They can grant other family members that right as well.
Eligible Beneficiaries
While the personal representative initiates the lawsuit, the damages recovered are intended for the deceased person’s family members and beneficiaries. Florida law specifies eligible beneficiaries who can file for a lawsuit. That can be the deceased person’s spouse or their children. There are cases where other dependents can create a case if there are no other family members. Sometimes there are no spouses or children who are available to make this claim. That is when a representative of the person is allowed to make their case for the deceased individual.
Survivor’s Damages
Florida law recognizes the damages that are involved in these types of cases. Survivor’s damages pertain to the losses suffered by the deceased person’s estate and surviving family members. This includes the financial contributions the deceased would have made to the family, funeral and medical expenses and the value of lost support and services. These types of costs can be a lot for one family to handle. This is why it’s important to file a claim so families can receive the compensation they deserve.
Wrongful Death Damages
Wrongful death damages, on the other hand, are awarded to the victim’s family members for the suffering they went through. These types of damages deal with the emotional toll that families go through. These damages aim to compensate for the intangible losses experienced by the family, such as loss of union, guidance, and protection. That way, families are allowed to bounce back and get back to their normal routines. These types of damages can be harder to calculate but are available to be compensated.
Special Circumstances
There are times when circumstances can cause issues when filing this lawsuit. If a child was involved in an accident and passed away, the parents are allowed to file for this specific claim. In cases where the deceased person was an unmarried adult with no children, siblings and other relatives are left to be responsible. Leaving them to be financially dependent on the deceased to file for a claim. Which can cause issues when it comes to dealing with the details. A lawyer can help these family members figure out who can rightfully file for a claim and go through the process.
Conclusion
It can be challenging going through a wrongful death lawsuit in Florida. Families need to come prepared and research the specific laws in the state. This will give them the confidence necessary to file a claim correctly. They know necessary to make the right decisions that will best work for their needs. Reaching out to a trusted legal team in their area can also help with their case. A legal professional will do everything in their power to make sure that these families receive the justice they deserve during these challenging times.
