If a loved one has recently passed away due to what you believe was negligence on the part of another person or entity, you may be able to file a wrongful death claim.
Under Florida state law, when a person dies because of “the wrongful act, negligence, default, or breach of contract” of another party, a representative of that person’s estate may file a civil wrongful death lawsuit in the state’s courts.
However, not just anyone can file a wrongful death lawsuit. In Florida, the plaintiff must be the personal representative of the deceased person’s estate. This person will be named in the deceased individual’s will or estate plan. If the deceased did not draft a will or name a personal representative, the court will appoint a representative. This person manages all aspects of the estate.
Although the personal representative files the paperwork, the lawsuit is on behalf of the deceased person’s estate and all surviving family members. The deceased’s spouse, children, parents, or other blood or adoptive relatives who depended on the deceased for service could all recover compensation due to the wrongful death action.
Statute of limitations
In Florida, you have two years from the date of an individual’s death to file a wrongful death lawsuit, although there are some rare circumstances in which you can postpone this deadline. It is imperative that you file the paperwork before the clock runs out on the statute of limitations. Otherwise, you can expect your case to get summarily dismissed.
To learn more about filing a wrongful death claim in Florida, consult the reliable team of personal injury attorneys at Serrano | McGuire. You can reach our Wesley Chapel Location at 813.929.4231 or our Tallahassee Location at 850.201.7210. You can also contact us online