Who Can File a Wrongful Death Claim in Florida?

Suffering the untimely death of a loved one is unimaginable for the family and loved ones of the decedent. While it is important that you take the time to properly grieve your loved one after a wrongful death, it is also crucial that you begin the process of filing a wrongful death claim to ensure you are able to bring them justice. However, not everyone can pursue a wrongful death claim in Florida, so it is important you reach out to a trusted lawyer who can help you understand whether you qualify as the personal representative of the deceased individual’s estate or whether you are a survivor under Florida’s Wrongful Death Act.

At Hersh Kirtman Injury Law, our personal injury law firm has years of experience helping clients who are suffering the unimaginable loss of a loved one after another party’s negligence led to their untimely passing. Our Boca Raton wrongful death lawyer provides legal assistance and guidance to clients trying to navigate the legal landscape as they look to pursue justice and compensation in the aftermath of this immense loss.

Can Anyone Pursue a Wrongful Death Claim in Florida?

The only party who may actually pursue a wrongful death claim in the state of Florida is the personal representative of the deceased person’s estate, as detailed in the state’s Wrongful Death Act. This means that if you decide to pursue a wrongful death claim, a probate proceeding must commence so that an individual may be appointed as the personal representative. In most cases, the personal representative will be chosen during a person’s lifetime and named in their will or estate plan, or the personal representative may be determined based on statute should the deceased not have a will. The personal representative is often a spouse or other family member.

While the actual wrongful death claim may only be filed by the personal representative of the decedent’s estate, the damages recovered from the claim are for the benefit of the estate and survivors as that term is defined under Florida law.

Who Can Recover Compensation From a Florida Wrongful Death Claim?

Although the personal representative brings the wrongful death claim, he or she does so on behalf of the estate and the deceased’s survivors. Florida’s Wrongful Death Act defines who constitutes a deceased’s survivors in the context of a wrongful death claim. This act also details what damages are available to be recovered by these parties. Who may claim damages as a survivor of a loved one lost due to another’s negligence depends on the circumstances of the wrongful death case? Generally, these parties include one or more of the following:

• The spouse of the decedent
• The children of the decedent
• Surviving parents
• Dependent family members

If one of your loved ones has passed away due to the negligence of another party, you may be eligible to recover compensation for your immense loss. For a detailed explanation of what constitutes wrongful death under Florida law and how these cases are handled, visit our comprehensive guide on wrongful death in Florida.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

Learn More About Pursuing a Florida Wrongful Death Claim Today

We understand that suffering the loss of a family member or loved one is an extremely difficult time for you and your family. While no amount of money could ever make up for your loss, it is important you consider and pursue a wrongful death claim in order to help you and your family achieve justice and recover compensation for the avoidable harm and loss. Speak to one of our Florida wrongful death attorneys to begin the process of pursuing your claim today.

At Hersh Kirtman Injury Law, we provide clients with the compassionate and personalized legal services they deserve. To schedule a free case evaluation with one of our Florida wrongful death lawyers, contact us today by filling out our contact form or calling (561) 208-3700.