There are Limits to Who can Sue in a Wrongful Death Case in Florida
The Florida Wrongful Death Statute
In Florida, there are limits to who is allowed to sue after a wrongful death. Florida’s Wrongful Death Act sets rules and guidelines for who is allowed to sue in a case where the negligence of others leads to death. Several situations may lead to a preventable and unnecessary loss of life, including:
- Car Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Medical Malpractice
- Work-Related Accidents
- Defective Products
- Other Hazardous Conditions
If someone dies because of the negligence of another person or company, family members may have the right to file a wrongful death lawsuit. The Act restricts who is allowed to sue to close relatives, and even then, only certain family members are allowed to sue. Not just anyone can sue in a wrongful death case.
Who is Allowed to Sue in a Wrongful Death Claim
The following people are allowed to file a lawsuit against those who caused a wrongful death:
- The Spouse
- Children (in certain cases)
- Parents (in certain cases)
- Children born out of wedlock (in certain cases)
- Dependent blood relatives
- Dependent adoptive siblings
The Act refers to these relatives as “survivors.” They might be able to recover compensation to cover their costs and future income the decedent may have brought in. Expenses such as funeral and burial costs, companionship, medical expenses, loss of services, etc. are all recoverable in circumstances where they are allowed to sue.
What are the Limits on Recovery in a Wrongful Death Case?
After your loved one passes you may not want to think about money. You may think it’s wrong, not the right time, you’re grieving, etc. All of these are perfectly reasonable thoughts and feelings to have. It is also important to make sure the people responsible for your loss aren’t able to put others in the same situation you are in.
Holding those responsible to account for their actions is important to keep our society safe from those who cause harm. Additionally, you need to make sure you and your family are taken care of and that you have everything you need for your future.
Limits placed on that recovery depend on who is bringing the lawsuit. Children of any age are allowed to recover for lost support and service. This includes children born out of wedlock for all mothers and for any fathers who have accepted responsibility for their children. Surviving parents of those children born out of wedlock are, however, not able to recover.
Surviving spouses are allowed to sue and recover as well. If there is a surviving spouse and children, all are allowed to sue, however, if those children are older than 25, their possible recovery is limited by the Act. Additionally, if the decedent is over 25 years old, their parents are only allowed to sue if there are no other survivors. Additionally, their recovery may be further limited depending on the facts of the case.
Have you Lost Someone You Love to a Wrongful Death?
We know Florida’s Wrongful Death Act can be very confusing. If you have lost someone you love in a preventable case, we can help you. We understand the laws and what your rights are in cases like these. We know that you have a lot to deal with after someone you love dies. These cases can be extremely complex and you should have the support you need in dealing with them.
We know no amount of money can bring back your loved one. We know that money can’t heal the pain. We also know that you deserve some compensation for the financial and personal support you would have gotten from your loved one. We can help you through the process and help you start putting your life back together after your loss. Contact us today.
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