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A wrongful death case involves claims brought by family members of someone who passed away as the direct result of someone else’s negligent or intentional actions. While many people may want justice for the loss of a loved one, not everyone can file a wrongful death lawsuit.
In Florida, the deceased person’s “personal representative” is the one who actually files a wrongful death lawsuit, and it is their name on the case. While family members may be included as beneficiaries of damages, the personal representative must file the case. The personal representative may be named in the deceased person’s will. If no one is named, or there is no will, you can petition the court to appoint a personal representative.
Call our Miami wrongful death attorneys at Graves Injury Law Firm at (305) 614-2767 for a free, private legal evaluation.
Who is Allowed to File a Wrongful Death Lawsuit in Florida?
According to Florida law, a wrongful death lawsuit must be filed by someone appointed as the deceased person’s personal representative. This person is the legal representative of the deceased’s estate and legal interests. Often, the representative is named in a will or other end-of-life documents. A spouse, adult child, close friend, or even an attorney may be named as a deceased person’s personal representative.
Can Surviving Family Members File a Wrongful Death Case
While surviving family members are likely very interested in being a part of a wrongful death case, they can file the lawsuit only if they are named as the deceased person’s personal representative. Again, many cases usually involve a personal representative who is a family member. People often name spouses, parents, adult children, or siblings as personal representatives.
Family members may petition the court to be named as the personal representative if no representative is named in the deceased person’s will.
How to Begin a Wrongful Death Lawsuit
Starting a wrongful death lawsuit can be challenging, and you should contact an attorney who can help you navigate complex legal procedures to begin your case.
Contact a Lawyer
First, contact a lawyer who can evaluate the situation, determine what your damages are worth, and help you find evidence to support your claims in court. Most of the work that goes into a lawsuit happens before the trial, and an attorney should help you build your case from the ground up.
Open a Probate Estate
If a will exists and a personal representative is named, that person must petition the probate court for the power to act and begin a wrongful death lawsuit. there is no will, the person seeking to be appointed the personal representative must establish priority and explain why they should be appointed.
Identify Beneficiaries
We must identify the beneficiaries in the case. Even if they are not filing the lawsuit, they may have claims for damages. Beneficiaries are , especially those who were dependent on the deceased person before they passed away.
Evaluating Damages
Damages in wrongful death cases can be complicated to assess. You might not realize exactly how much the loss of your loved one costs you, economically and otherwise, until you review your case with a lawyer.
Can You File a Wrongful Death Case for a Close Friend?
Generally, no. Wrongful death lawsuits are typically only filed by a personal representative, and beneficiaries usually include family members. Close friends of the deceased person usually may not be a party to a wrongful death lawsuit.
Who May Be a Beneficiary in a Florida Wrongful Death Case?
The law recognizes beneficiaries as the deceased person’s “survivors.” This definition includes the deceased’s spouse, children, and parents. Other blood relatives, siblings, or adoptive siblings may be considered survivors and included as beneficiaries if they were partly or wholly dependent on the deceased person for services or support.
Who Files in Florida?
As in wrongful death cases, only the personal representative may file a survival action. However, the only beneficiary is the deceased person’s estate.
Once the case is complete, any damages awarded to the estate may be dispersed to heirs according to the deceased person’s will or Florida intestacy laws.
Who is the Beneficiary in a Survival Action?
Only the decedent’s estate may be a beneficiary in a survival action. Friends or family members are not beneficiaries and will not benefit directly from any damages award.
Damages are paid to the deceased person’s estate, and the estate may later be divided among those named as heirs in the deceased person’s will. Even if you are not a family member, you may indirectly benefit from a survival action if you are named in the will.
What if You Do Not Know Who the Personal Representative is in a Wrongful Death Case?
If you do not know who the personal representative is, an attorney can help you review your loved one’s will to determine if anyone is named. If there is no will and no one is named as the personal representative, your lawyer can help you be appointed as the personal representative.
When Should a Personal Representative File a Wrongful Death Case?
In Florida, a personal representative must file a wrongful death lawsuit no later than 2 years after the date the deceased person passed away. This limitation period might not begin on the same day the victim was initially injured. For example, if your loved one was fatally injured in a car accident but did not succumb to their injuries until 3 weeks after the crash, your limitation period begins on the day they died, not the date of the car accident.
Can There Be a Wrongful Death Case if the Deceased Person Has No Surviving Family?
Can You Sue for Wrongful Death if the Defendant is Criminally Charged?
Yes. Civil and criminal courts are completely separate. Whether or not the defendant is charged with a crime in relation to the death of your loved one, you can sue them in civil court for wrongful death.
Get Help Today from Our Florida Wrongful Death Attorneys
Call our Ft Lauderdale, FL personal injury attorneys at Graves Injury Law Firm at (305) 614-2767 for a free, private legal evaluation.