Who Can File a Florida Wrongful Death Claim?

If you lost a loved one because of the negligent actions of another party, you may be able to file a wrongful death claim on their behalf for compensation. In Florida, there are specific laws and guidelines as to who is and who is not permitted to file such a claim. 

After a tragic loss, and because Florida wrongful death claims can be extremely complex, working with an attorney that will manage the claim can provide greater peace of mind for grieving loved ones. If you have questions about how to file a wrongful death claim or would like assistance with one, call Fulgencio Law. Fulgencio Law has the Tampa wrongful death attorneys that can inform you of your rights and options.

Who is Eligible to File a Wrongful Death Claim in Florida?

Negligent acts that cause death has a result that is considered wrongful death. Loved ones of a deceased individual can bring about a wrongful death suit against the party whose behavior caused the death of their loved one to take place. Filing a wrongful death claim differs by the state as each has its own rules and regulations for doing so. Wrongful death suits are civil suits that are meant to compensate the family of a deceased person for the losses they suffered after the death.

In Florida, if death happens by way of the following, a wrongful death suit can be filed:

• Wrongful acts.
• Breach of contract.
• Contract default.
• Negligence.

The following parties are qualified for filing a wrongful death suit in Florida:

• The spouse of the person that is deceased.
• The children of a deceased person.
• The parents of a deceased person.

Children under 25 are considered to be minors and as such looked at as having more dependence on the deceased. So young children that sue for compensation often secure higher settlements than older children or those that are over the age of 25.

Potentially, the deceased took care of other family members. It is possible that these individuals, too, may be able to file a claim for compensation. However, that would only be possible after the primary beneficiaries take legal action for compensation.

There is a time limit to file a wrongful death claim, which is known as the statute of limitations. The statute of limitations for filing a wrongful death claim in Florida is two years from the date that the person dies. There are limited instances where a person may be able to have an extension to the time required for filing a claim, but for the most part, it is important to file a claim within that two-year time frame. Failing to do so can lead to a forfeiture of rights to compensation.

Speak with a Tampa Wrongful Death Attorney Today

If you are unsure about the wrongful death claims process or if you are an eligible party that can file a claim under Florida wrongful death laws, the attorneys at Fulgencio Law can answer your questions and provide you with legal guidance. Scheduling a free consultation with the Tampa wrongful death lawyers at Fulgencio Law is easy, simply call (813) 463-0123.