Who Can File a Wrongful Death Claim in Florida?
A wrongful death action is a legal action for damages due to the death of another person. Wrongful death occurs when a victim dies because of the injury or toward that is the subject of the lawsuit. The wrongful death must have resulted to do a tort committed by the defendant.
While wrongful death laws vary from state to state, most statutes contain four basic elements: The death of the decedent or victim which was caused in whole or in part by, or can be attributed to, the Defendant (or responsible party); The Defendant intentionally caused or was negligent or is strictly liable for the descendant’s death; There is a surviving spouse, children, dependents or beneficiaries of the decedent; and Damages or injuries have resulted from the death of the decedent. Many relatives can bring a wrongful death action against the tortfeasor. Some states allow only children and spouses or people who financially relied on the victim to recover money. Children allowed to bring a wrongful death action include adopted children. Other states allow the victim’s parents or brothers and sisters to recover in a wrongful death suit. Still other states allow the domestic partner of the deceased to recover. No states allow a divorced spouse to bring a wrongful death action. Once a court has determined who is able to recover, the next major issue in most wrongful death lawsuitsis what the qualifying relative will receive as compensation.
Most jurisdictions allow the relative to recover for their grief over the death of the deceased individual. In addition, a qualifying relative may receive compensation for the services the deceased person used to provide for them. Some states allow monetary damages for loss of companionship.
What is a Survival Action?
In contrast, a survival action is so named because the cause of action survives after the death of either party. Here, unlike with wrongful death, it is an unrelated incident that causes the death of either the plaintiff or the defendant. The damage obtained in a survival action belong to the estate of the deceased. The estate can include a trustee, or a court appointed representative who essentially continues the cause of action. Then, the heirs of the deceased’s estate will receive the money if any is won in the lawsuit. The estate’s representative is suing regarding injuries to the deceased before the deceased died. Basically, if the deceased had lived, the deceased would have litigated the matter himself. If the tort was personal to the plaintiff, such as in a defamation case, the plaintiff’s estate will not be able to sue on the deceased individual’s behalf. In contrast, if the tort was against the personal property of the plaintiff, the claim will survive, and the estate will be able to sue on behalf of the deceased individual.
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Wrongful death lawsuits and survival actions can be complex and may require compliance with notice provisions, deadlines, statute of limitation, and more. Because of the complicated nature of wrongful death actions and survival actions, it is extremely important that an experienced wrongful death lawyer be contacted at the earliest possible moment. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights and the rights of your loved ones. We are available 24/7 to give you a free, no risk case consultation! At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accidents and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
