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Who Can File a Wrongful Death Lawsuit in Florida

If you have recently suffered the loss of a family member or close loved one in an accident in Central Florida, you are likely dealing with a variety of confusing emotions and unpleasant tasks, including funeral arrangements and adjusting to everyday life without your loved one around.
If your grieving process has been further complicated by the financial strain caused by the loss of your loved one, you may be considering the possibility of filing a wrongful death claim in Florida.

A Florida wrongful death lawsuit is one that seeks financial compensation for damages caused by someone’s fatal negligence or misconduct. Such negligence or misconduct may include a Florida car accident, medical malpractice, or an intentional violation, such as battery. These lawsuits are generally brought by a victim’s surviving family members.

Who can file a Florida wrongful death lawsuit?

The Florida wrongful death act states that:

“The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”

In other words, the personal representative is a person named in the victim’s will, or whoever is appointed by the court in the absence of a will. In the event that no one was specifically named in a will, or no will was available, a wrongful death claim can generally be filed by the victim’s surviving family members.

What damages can the survivors recover in a Florida wrongful death lawsuit?

You may be able to recover money for damages that have been suffered as a result of your loved one’s death. This can include medical and funeral expenses, as well as any future wages or financial benefits that your loved one can no longer provide. You and your family may also recover damages for the loss of support and household services, the loss of protection and companionship, the loss of child care and parental guidance, and any pain and anguish that has been suffered.

The Central Florida wrongful death attorneys at Lilly, O’Toole & Brown understand the complexities involved in a wrongful death lawsuit. We are committed to protecting your best interests and helping you collect the damages you and your family need and deserve to move on with your lives. Contact our firm today to schedule your consultation; (863) 533-5525.