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Who is Eligible to File a Wrongful Death Claim in Florida?


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It’s a difficult time for those left behind after a loved one dies in any state. When the death is caused by the actions of another person, things become even more difficult for the victim’s family.

When this occurs, you may be able to file a wrongful death claim in Florida.

A wrongful death lawsuit is filed when one party files a claim against another person who caused the death of another person through negligence or intentional harm. A car accident, medical malpractice, or the use of defective products are all possibilities.

If you’re reading this because you recently lost someone due to the negligence of another person, you might be wondering if you can take legal action to help ease your pain and suffering. The good news is that wrongful death exists in Florida, and if you meet certain eligibility requirements, personal injury attorneys can assist you in filing a personal injury claim against those responsible for your loved one’s death.

Continue reading to find out who is eligible to file a wrongful death claim in Florida and what steps to take if this applies to you.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil lawsuit filed by the deceased person’s family members. A wrongful death lawsuit is filed against those who are responsible for the death, whether through negligence or intentional wrongdoing.

This lawsuit seeks restitution for family members who have been deprived of their loved one’s services and support. For example, if you lost a loved one in a car accident, a car accident lawyer can assist you.

The amount of compensation that can be recovered in a wrongful death case is determined by several factors, including:

  • The amount of pain and suffering endured by your loved one before their passing
  • How much it cost to bury the car accident victims
  • Any other damages that may have occurred as a result (such as lost wages)

So, Who Can File a Wrongful Death Claim in Florida?

The Spouse

A married couple’s surviving member is the spouse. You must have been legally married at the time of your partner’s death to be considered a spouse for the purposes of filing a wrongful death claim. You may also qualify as a spouse if you were not legally married at the time but were later granted marriage recognition by another state or country.

Adult Child

An adult child is someone who is over the age of 18 when their parent dies and is financially dependent on them at some point in their life (even if they were no longer living together).

A minor child under the age of 21 who does not live apart from their parents after the age of 18 can still receive compensation through this process.


This includes both natural and stepparents who acted as parents for at least two years prior to death. Adoptive parents are not legally considered parents unless they legally adopt their children before they reach adulthood.

The Estate Representative

Even if their loved one is unable to, family members can file a lawsuit in court. This is known as a “estate representative” in Florida, and there are three types:

  • The deceased was a minor
  • The deceased was a person who lacked the capacity to sue
  • The deceased was a person who had been declared legally incompetent

What Damages Can You Receive When You File a Wrongful Death Claim

Losing your loved ones through something preventable, such as car accidents, can be devastating. While it may appear that moving on is the best option, there are legal options available if you believe that another party is to blame for your loved one’s death.

A wrongful death lawsuit can help pay for medical bills, funeral costs, and lost wages.

Medical Expenses

These include ambulance fees, hospitalization costs, and prescription medications.

Funeral Expenses

These include burial costs and any additional expenses related to transporting the body from its location at the time of death back home or to a place where burial takes place.

Lost Wages

Assume your loved one was unable to work due to injuries or illness before passing away as a result of another party’s negligence. Lost wages in this case may be compensated through car accident claims.

Pain and Suffering

Your loved one’s pain and suffering prior to death are compensable. It can include physical pain, such as headaches or other injuries, as well as psychological distress as a result of the accident.

Loss of Companionship

In addition to the pain and suffering endured by your loved one, you may also receive compensation for the loss of companionship.

Contact Alpizar Law Trial Attorneys For Professional Legal Assistance

Filing a wrongful death lawsuit can be a stressful experience. These feelings can be exacerbated when you realize you must prove that your loved one died as a result of someone else’s negligence or intentional act and that you suffered significant losses as a result.

These cases are frequently complex, requiring significant time and effort from all parties involved, including lawyers for both sides, witnesses, and experts who may be consulted throughout the case.

For these and other reasons, having a personal injury lawyer from Alpizar Law Trial Attorneys by your side can make all the difference.

Whether it’s a car accident claim from your insurance company or a wrongful death lawsuit, our team of legal experts can help guide you through the process and ensure everything is done correctly.

Our team of car accident lawyers has handled several personal injury cases and is highly experienced in filing personal injury claims. So, rest assured that we will protect your interests and rights as much as possible in court during your personal injury case so that you get everything that is rightfully owed to you.

Call us today at 321-676-2511 to speak to one of our legal representatives.


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