Losing a family member or loved one is never easy. If, however, you believe that the death of your family member was caused by the negligence or other wrongful conduct of a third party, accepting that loss can be downright impossible. Clearly, no amount of compensation can ever make up for losing someone you love; however, if you have lost a family member to a wrongful death in the State of Florida you may wish to consider pursuing a wrongful death lawsuit for several important reasons. Before doing that though you need to know the answer to the question “ Who can bring a wrongful death claim in Florida? ”
A wrongful death in the State of Florida is a death that is caused, in whole or in part, by the defendant's “wrongful act, negligence, default, or breach of contract or warranty.” This may include a death caused by the intentional conduct of the defendant. For example, if the victim died because he/she was assaulted by the defendant. It may also include a death caused by the defendant's negligence or other wrongful act. If you believe your loved one was the victim of a wrongful death, you must then determine if you are legally entitled to pursue a wrongful death lawsuit.
In the State of Florida, the personal representative of the deceased is actually required to file a wrongful death lawsuit. If the decedent left behind a valid Last Will and Testament, this is usually the person named as the executor under the terms of the Will. If no Will was left behind, the probate court will have to appoint a personal representative who will oversee the probate of the decedent's estate and who may pursue a wrongful death action.
Although the personal representative is required to file a wrongful death statute, other individuals may be entitled to compensation from the lawsuit. The personal representative simply files the lawsuit on behalf of the individuals who are potentially entitled to an award in the lawsuit. These individuals typically include the spouse, children, and/or parents of the deceased.
If you recently lost a loved one and you believe the loss was caused in whole, or in part, by another person or entity, and are wondering who can bring a wrongful death claim, it is imperative that you contact an experienced Florida wrongful death attorney as soon as possible to discuss your legal options. Contact Powers, Sellers, & Finkelstein PLC by calling 727-531-2926 to schedule your appointment and discuss your legal options.