Losing someone you care about due to the carelessness or bad choices of another is incredibly heartbreaking. You most likely want that individual to take responsibility for their actions. You may be able to sue them for wrongful death, but you must prove their negligence, which is usually a challenge.
Who can file?
In Florida, only the personal representative is eligible to file a wrongful death lawsuit on behalf of the deceased’s surviving family members. If the deceased person has a will, the personal representative they appointed before their passing may file a claim. In the absence of a will or a designated representative, the court will appoint someone for them.
Even if the individual filing the claim is the personal representative, the damages of a wrongful death claim are paid to the victim’s estate and beneficiaries. The victim’s beneficiaries may include their spouse, minor children, living parents and dependent relatives.
What qualifies as a wrongful death claim?
While the loss of a loved one may always feel wrong, there are some legal conditions that must be met to claim wrongful death:
- A family member died because of someone else’s negligence or intentional misconduct
- The deceased person’s wrongful death resulted in financial loss for their surviving family members
To be negligent is to fail to take the usual safety measures or exercise the level of care that a reasonable person under similar circumstances would take. Drunk driving, distracted driving, speeding or beating a red light are just examples of negligent behavior on the road.
However, in some cases, the person liable for the accident is not another motorist but the entity responsible for maintaining the road or the manufacturer of the vehicle. This may apply if there were a lack of road signage or defects in the vehicle. An attorney can help you figure out who is at fault and evaluate the strength of your case.
It is completely understandable to find the legal process overwhelming, especially when you are still coping with the loss of your loved one. You may even think that filing a wrongful death claim is not worth pursuing. However, if your loved one’s death was the product of someone else’s wrongdoing, filing a case may help you and your family get compensation for your financial losses and bring justice to your loved one.