Losing a loved one due to the negligence of another can be a challenging and emotional time for families. However, understanding who can file a wrongful death lawsuit in Florida and the parameters involved can help provide some clarity during this challenging time. In this blog, we will discuss the criteria for filing a wrongful death lawsuit in Florida and who is eligible to do so.
Criteria For Filing A Wrongful Death Lawsuit in Florida
To file a wrongful death lawsuit in Florida, certain criteria must be met:
- There must be a death caused by the negligence of another. Negligence might include drunk driving, medical malpractice, or criminal behavior.
- The surviving family members or the individual’s estate must show that they have suffered harm due to the death.
- A personal representative must be appointed in order to file the lawsuit.
Who Can File a Wrongful Death Lawsuit in Florida?
Now that we've defined what constitutes a wrongful death lawsuit, let's look at who is eligible to file one. In Florida, the deceased person's surviving spouse, children, and parents are considered eligible parties. These parties can file a lawsuit individually or together as a single filing. Additionally, if the deceased person has no surviving spouse, children, or parents, other relatives, such as siblings or grandparents, may file the lawsuit.
It's important to note that the personal representative appointed to file the lawsuit does not have to be a family member of the deceased person. Instead, the court may appoint a neutral party to act as the personal representative. The personal representative is responsible for initiating the lawsuit on behalf of the eligible parties.
Limitations When Filing a Wrongful Death Lawsuit
It's also important to understand that there are certain limitations when filing a wrongful death lawsuit in Florida. For example, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that the lawsuit must be filed within two years of the deceased person's passing. Additionally, Florida law requires that the wrongful death claim must be accompanied by specific evidence supporting the claim.
Understanding who can file a wrongful death lawsuit in Florida and the parameters involved can be a complicated and emotional process. However, surviving family members must be informed of their rights and eligibility when it comes to pursuing a wrongful death lawsuit.
Suppose you're facing a situation where you believe you might be entitled to file a wrongful death lawsuit. In that case, it's extremely important to speak to an experienced personal injury attorney who can guide you through the process and provide you with representation. Contact our skilled attorneys at Schlesinger Law Offices, P.A. today. (954) 467-8800