Am I Eligible to File a Wrongful Death Claim in Florida?

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There is nothing more emotionally paining than losing a loved one. This is especially the case if your loved one passed away due to the negligent, reckless, deliberate, or otherwise wrongful actions of another person. Unfortunately, this is something that happens in the state of Florida far more often than you would like to think. If you find yourself in this situation and you would like to hold the at-fault party accountable, read on to discover how a seasoned Tampa wrongful death lawyer at Merricks Law Group, P.A. can assess if you are eligible to file a wrongful death claim.

Am I qualified to file a wrongful death claim in the state of Florida?

As with most things, every state has unique laws when it comes to who is qualified to file a wrongful death claim. Notably, in the state of Florida, not all those who were close to the decedent or who were dependent on the decedent are eligible to do so. 

Instead, Florida law states that the only person who can pursue damages is the personal representative of the decedent’s estate. And if the decedent did not appoint someone as their representative, then the Florida court will do so. Those that can be appointed the personal representative are limited to the following people: 

  • The surviving spouse.
  • The surviving children.
  • The surviving parents.
  • The surviving blood relatives.
  • The surviving adoptive siblings.

What damages are recoverable via a wrongful death claim?

You will have a solid wrongful death claim so long as you have sufficient proof that your loved one lost their life as a direct result of the wrongful act of another party. A successful claim will allow you to recover many economic and non-economic damages, such as the following:

  • Economic damages:
    • The cost of funeral and burial expenses.
    • The cost of medical treatment received by the decedent before they passed away.
    • The cost of lost wages that the decedent would have provided in the future.
    • The cost of services provided by the decedent. 
    • The loss of prospective net accumulations of the estate.
  • Non-economic damages:
    • Emotional suffering and mental anguish.
    • The loss of enjoyment of life. 
    • The loss of companionship, protection, and guidance by the decedent who was a spouse, parent, or otherwise a family member.

What is the statute of limitations for a wrongful death claim in the state of Florida?

Taking legal action may not seem like a priority, there is a narrow window in which you can file a wrongful death claim. Specifically, in the state of Florida, the statute of limitations is just two years from the date of your loved one’s death. To ensure that justice is served, you must consult with a competent Hillsborough County personal injury lawyer at your earliest convenience. 

Contact Our Experienced Florida Firm

Merricks Law Group handles a wide array of injury claims, including injuries sustained in auto accidents, slip and falls, and more. Contact Merricks Law Group today.

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