Who Is Eligible to File a Wrongful Death Suit in Florida?

At the Law Offices of Keith Bregoff, PA, our Vero Beach wrongful death attorney understands just how hard it is to lose a loved one to negligence.

Whether your loss occurred during a car accident, motorcycle crash, truck collision, or another personal injury, the sudden death of a loved one that is caused by the reckless actions or inactions of another can be unbearable — and the financial burden overwhelming.

Our Florida personal injury lawyer can help you navigate this complex area of law to determine your financial recovery options, so you and your family can take the time you need to fully grieve.

When Is a Loss of Life Considered Wrongful Death in Florida?

Our Florida wrongful death statute states the estate of the deceased person may bring a civil lawsuit for their losses when the death of their loved one was caused by:

• Negligence
• Breach of contract
• Default
• Wrongful act

Who May File a Wrongful Death Claim in Florida?

Florida wrongful death statutes require specific representatives of the deceased person’s estate to file a claim.

If there is no personal representative named in the deceased’s will or estate plan, the personal representative will be appointed by the court.

That person, or people, can include the deceased person’s: 

• Children
• Parents
• Spouses

When a child loses a parent who was never married to their other parent, he or she may file a wrongful death claim if the:

• Deceased parent is his or her mother
• Deceased parent is his or her father and:
• Formally recognized the child as his
• Obligated to contribute to the child’s support

Florida’s wrongful death laws are specific and complex. If you have lost a loved one to negligence and were reliant on their services or support, you may be eligible to file a wrongful death claim.

What Types of Damages Can a Family Member Pursue in a Florida Wrongful Death Claim?

When surviving family members or the decedent’s estate files a wrongful death claim in Florida, they may be eligible for damages directly affected by the loss of their loved one.

Those damages can include the:

• Medical costs incurred before the individual succumbed to their injuries
• Funeral and burial expenses
• Lost wages, benefits, and other earnings that may have been produced by the decedent during their lifetime
• Value of earnings the estate could reasonably have been expected to collect if the deceased person had lived
• Value of support and services the deceased person provided
• Loss of companionship, guidance, and protection provided by the deceased person
• Mental and emotional pain and suffering due to the loss of a child

What is the Statute of Limitations for Filing a Wrongful Death Claim in Florida?

Family members or estate representatives must file a Florida wrongful death claim within two years of their loved one’s death. There are very few exceptions to this rule, which is why it is important to speak to an attorney as soon as possible after your loss.

If you have lost a loved one to negligence, contact our skilled Indian River County and Vero Beach wrongful death attorney at the Law Offices of Keith Bregoff, PA, today by calling (772) 492-8967 to schedule a free consultation. We will review the facts of your case and provide a realistic approach to pursuing the responsible person or party for your financial recovery.