Who Is Qualified to File a Wrongful Death Claim?

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Nothing seems more unfair than when your loved one is taken too soon from you. This is why, if your loved one’s passing was due to the negligence of another party, then justice must be served via a lawsuit. With this, you may be wondering if you are allowed to take legal action. Continue reading to learn who is qualified to file a wrongful death claim in the state of Florida and how an experienced Tampa wrongful death lawyer at Merricks Law Group, P.A., can help to further determine your eligibility. 

Why may a wrongful death occur?

It is an unfortunate truth that wrongful deaths may occur for a variety of reasons. Common claims of wrongful death in the state of Florida include, but are not limited to, the following:

  • An accident involving an automobile, whether it be a car, truck, or otherwise. 
  • An accident on another party’s premises, whether it be an elevator, parking lot, or otherwise.
  • An accident involving a defective product, whether it be a design issue, manufacturer issue, or otherwise. 
  • An accident in the workplace. 
  • An accident involving medical malpractice. 
  • An intentional act of murder. 

Who is eligible to file a wrongful death claim in the state of Florida?

We are not denying that you were close with your loved one. However, in the state of Florida, there are certain limitations as to who is eligible to file a wrongful death claim. 

Specifically, Florida law declares that only the personal representative of the decedent’s estate is qualified to make such a claim. If the decedent did not appoint an individual as their estate representative before their untimely death, then the Florida court will appoint an individual on their behalf. The appointed individual may be any one of the following:

  • The surviving spouse of the decedent. 
  • A surviving child of a decedent. 
  • A surviving parent of the decedent. 
  • A surviving blood relative of the decedent. 
  • A surviving adoptive sibling of the decedent. 

What is the statute of limitations for filing a wrongful death claim?

You deserve enough time to mourn the unexpected loss of your loved one. However, if you wish to pursue legal action against the negligent party, you must remember that you have limited time to do so. That is, the statute of limitations for a wrongful death claim in the state of Florida is approximately two years from your loved one’s death. If you fail to meet this deadline, then you may permanently miss out on your right to recover damages and overall attain justice. 

For assistance with filing your claim, collecting evidence to satisfy your burden of proof, and more, reach out to a skilled Hillsborough County personal injury lawyer at your earliest convenience. 

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