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When can families file for wrongful death in Florida?

On Behalf of | May 1, 2023 | Wrongful death

Wrongful death refers to the sudden and unexpected passing of someone due to the negligence of another party. This can apply to deaths that occur in catastrophic vehicle accidents or workplace accidents as well as those resulting from medical malpractice.

The surviving family members of the deceased may receive damages as outlined by Florida negligence laws. This raises the question, though, of when families can file for wrongful death and who exactly is eligible to file.

When is it possible to file a wrongful death claim?

Circumstances that qualify as sufficient grounds for filing a wrongful death claim are those in which a family member dies as a result of a wrongful act, a breach or default of a contract or due to negligence. Many families understandably hold off on immediately filing a claim, though, as they come to terms with the loss and mourn as needed. These families should keep in mind that there is a statute of limitations on filing a wrongful death claim in Florida. It is necessary to file the claim within two years from the time of death.

Who is eligible to file a wrongful death claim?

Any of the deceased’s primary beneficiaries have the right to file a wrongful death claim. This includes the deceased’s spouse as well as any surviving children or parents. Other relatives who depend on financial support from the deceased may also be eligible to receive damages, but only the recognized primary beneficiaries may file the initial claim.

Losing a loved one brings about emotional distress and significant financial disruption that can change dramatically change the course of your life. You have the right to pursue legal action toward securing compensation for your pain and suffering.