GET A FREE CONSULTATION
863.225.0254

What Family Members Can File a Wrongful Death Claim in Florida?

December 10, 2024

Wrongful Death

The unexpected loss of a loved one is a profoundly emotional and life-altering experience. When that loss results from another party’s negligence or intentional actions, the grief is often compounded by frustration and the desire for justice. Florida law provides a legal pathway for families to seek compensation through a wrongful death claim, holding the responsible party accountable for their actions.

However, not all family members are eligible to file a wrongful death claim. Florida has specific rules dictating who can bring a claim forward and who may benefit from any compensation awarded. These laws are designed to ensure fairness while addressing the financial and emotional losses suffered by the deceased’s closest relatives.

The Role of the Personal Representative

In Florida, a wrongful death claim must be initiated by the personal representative of the deceased’s estate. This individual is typically designated in the deceased’s will or estate plan. If no personal representative is named, the court will appoint someone to fulfill this role. The personal representative acts on behalf of all eligible family members, ensuring that their interests are represented during the legal process.

While the personal representative formally files the lawsuit, the beneficiaries of the claim are the deceased’s surviving family members. Florida’s wrongful death statute outlines specific guidelines for determining which relatives can recover damages and what types of losses they can claim.

Who Is Eligible to Recover Damages?

Florida law defines the family members who may receive compensation in a wrongful death claim. These individuals typically include:

  • Spouse: The surviving spouse is often the primary beneficiary of a wrongful death claim. They may seek damages for the loss of companionship, emotional support, and the financial contributions provided by the deceased.
  • Children: The deceased’s children can recover damages for the loss of parental guidance, emotional support, and financial assistance. Special consideration is given to minor children, as they are particularly vulnerable to the long-term impacts of losing a parent.
  • Parents: If the deceased was a minor, their parents are eligible to file a claim for the emotional and financial losses they have endured. In certain circumstances, parents of an adult child may also be eligible, particularly if they were financially dependent on the deceased or if no other beneficiaries exist.
  • Other Dependents: Relatives who relied on the deceased for financial support, such as siblings or extended family members, may also be eligible to recover damages. However, these claims are typically secondary to those of the spouse, children, and parents.

The eligibility of each family member depends on the specific circumstances of the case, as well as the nature of their relationship with the deceased.

Types of Damages Available in Wrongful Death Claims

A wrongful death claim seeks to provide financial relief and compensation for the losses experienced by surviving family members. These damages are categorized into economic and non-economic losses, addressing both tangible and intangible hardships. Common types of damages include:

  • Medical and Funeral Expenses: Compensation for any medical bills incurred prior to the deceased’s passing, as well as funeral and burial costs.
  • Loss of Income and Benefits: Reimbursement for the wages and financial benefits the deceased would have provided to their family over their lifetime.
  • Loss of Companionship and Support: Damages for the emotional suffering, loss of guidance, and loss of support experienced by surviving family members.
  • Pain and Suffering: Compensation for the mental anguish endured by close family members due to their loved one’s death.

The specific damages awarded depend on the unique circumstances of the case, including the deceased’s age, earning capacity, and the impact of their loss on their family.

Special Considerations for Minor Children

Florida law places a strong emphasis on protecting the rights of minor children in wrongful death cases. When a parent dies, children under the age of 25 are entitled to additional compensation for the loss of parental guidance, support, and care. This provision reflects the significant emotional and financial impact of losing a parent during formative years.

In cases where both parents are deceased, minor children may receive further compensation to address the unique challenges they face. These claims often involve higher damages to account for the profound disruption to the children’s lives and future stability.

What About Adult Children and Parents?

While minor children are given priority in wrongful death claims, adult children may also be eligible for compensation in certain circumstances. For example, if the adult child relied on the deceased for financial or emotional support, they may recover damages for their loss. Additionally, adult children may seek compensation for the loss of companionship and guidance, particularly if their parent played an active role in their lives.

Similarly, parents of adult children can file a wrongful death claim if they were financially dependent on the deceased or if the deceased had no surviving spouse or children. These cases often require additional evidence to demonstrate the parents’ eligibility for compensation.

Filing a Wrongful Death Claim in Florida

The process of filing a wrongful death claim involves several steps, beginning with the appointment of the personal representative. This individual works closely with a wrongful death attorney to gather evidence, calculate damages, and build a strong case. Key steps in the process include:

  • Gathering Evidence: Collecting medical records, witness statements, and other documentation to establish liability and quantify losses.
  • Filing the Claim: Submitting the wrongful death lawsuit within Florida’s statute of limitations, which is generally two years from the date of death.
  • Negotiating a Settlement: Engaging with the at-fault party’s insurance company to reach a fair resolution, if possible.
  • Proceeding to Trial: Presenting the case in court if a settlement cannot be reached.

An experienced attorney can provide invaluable assistance throughout this process, ensuring that the family’s rights are protected and that all legal requirements are met.

Call Kemp Injury Law Today for Help With Your Wrongful Death Claim

The loss of a loved one is an overwhelming experience, but families have the right to pursue justice and hold responsible parties accountable. At Kemp Injury Law, we understand the challenges you face and are here to support you every step of the way. Our team is dedicated to securing the compensation you deserve and helping you find some measure of relief during this difficult time.Contact us today to schedule a consultation and learn how we can assist with your wrongful death claim in Florida. Together, we can work toward achieving the justice and closure your family needs.

99 6th St SW Suite 204

Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
Contact Us Today
We offer our services by appointment only in 
Winter Haven and Lakeland.

Contact Us:

Address:
99 6th St SW Suite 204 
Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
Phone: (863) 225-0254
Copyright © 2025 KempInjuryLawPA.com - All Rights Reserved.
Powered By:
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram