The Parties Who Have The Right To Sue For Wrongful Death Damages In Florida

Florida is the southeasternmost U.S. state, with hundreds of miles and beaches, making it one of the most visited states. With a population of over 22.3 million people, accidents are bound to happen.

If you’re a resident of Florida and a loved one has been a victim of wrongful death, it is important to fight back. Hire a wrongful death attorney in Florida to get the legal help required to deal with the compensation process. They can also take your case to court if out-of-court settlement negotiations fail.

It’s never a pleasant experience to lose a loved one. It’s tragic when their death could have been avoided but for someone’s negligence. When you lose a family member, you can no longer benefit from their affection, income, or care they may have provided while alive.

The surviving family members could be left to deal with the medical bills, funeral and burial costs, and other expenses.

The law in Florida only allows specific individuals to file a case after wrongful death. If your family member dies and the rest of the family wishes to pursue a wrongful death claim, you’ll need to know and understand the limitations.

Who Can Sue For Wrongful Death Damages In Florida?

The following parties can sue for damages caused by wrongful death in Florida.

The Surviving Spouse

If your spouse dies due to the wrongful conduct of another, you are entitled to recover wrongful death damages that are stated under the Florida Wrongful Death Act – Florida Statue 768.18.

To meet the FWDA statutory requirements, the couples involved must have been legally married. They cannot be engaged, about to be married, or have lived together without an “understanding” between them.

Children Of The Deceased

Under Florida statutes 768.18(1), any child of the deceased can seek wrongful death damages. This includes infants and teenagers that have reached the age of majority. The legal age of majority in Florida is 18 years (when a person is legally recognized as an adult).

If you’re a child of the decedent, you are entitled to the following death benefits:

• Lost parental guidance
• Lost parental companionship
• Mental suffering
• Lost parental guidance

Also, adopted children, illegitimate children, and children born after the death of their parents can sue for wrongful death damage.

Dependents Of The Deceased

Any adult, including an adopted sister, adoptive brother, or a non-parent blood relative, can sue for wrongful death damages.

You can get damages as a survivor in a wrongful death act for the deceased who had been offering financial support to you at the time of death. You can see this in Florida Statute 768.18.

Parents Of The Deceased Child

Both the father and mother of an individual who is a victim of wrongful death can seek survivor damages under Florida Statute 768.18.

As a parent, you may seek wrongful death damages if your child is up to 25 years old. You can also file claims under the Florida Wrongful Death Act (FWDA) even if your late child was married at the time the incident occurred.