person at a funeral touching the casket

Wrongful Death Claims: Who has the Right to Pursue?

The loss of a loved one due to another person's negligence is one of the most tragic events that can be suffered. Lilly & Brown is often consulted when a wrongful death occurs due to the complexity involved with determining fault, possible damages and who has the right to pursue a claim. Generally speaking, there are only certain people who can pursue the claim, but for the particular concerns of an individual case, readers are urged to schedule an appointment with one of the attorneys at Lilly & Brown.

Typically, a wrongful death claim can be made by a variety of people, but there is a pecking order, so to speak. Briefly, here is a summary of who may make a claim under the Florida Wrongful Death Statute.

Florida Wrongful Death Statute at a Glance

Wrongful Death Recovery

Any survivor may recover for expenses that survivor has incurred related to the wrongful death, such as funeral expense, loss of support and services and other benefits lost, including loss of income. In addition, the subset of survivors may recover the following:

Florida Statute 768, and its subparts, govern wrongful death actions in Florida

Estate of Deceased May Recover

Estate's lost prospective net accumulations; medical Expenses, funeral expenses

FSA 768 (6) (a)

Surviving Spouse May Recover

Loss of Companionship, Pain and Suffering from date of injury

FSA 768 (2)

Minor Children (Under Age 25) May Recover

Loss of Parental Companionship, Instruction and Guidance, Mental Pain and Suffering

FSA 768 (3)

If Deceased is an Adult (Age 25 and over), And None of the Above Applies, Then Parents of the Adult Child May Recover

Mental Pain and Suffering From Date of lnjury

FSA 768 (4)

If Deceased is a Minor, And None of the Above Applies, then Parents May Recover

Mental Pain and Suffering From Date of lnjury

FSA 768 (4)

Contact a Central Florida Personal Injury Attorney Today

A Central Florida wrongful death lawyer at Lilly & Brown can work with you to fight for you and your loved ones. Contact our firm today to schedule your consultation.


             R. Kent Lilly

Kent Lilly is Board Certified in Civil

Trial Advocacy by the Florida Bar

and has been selected to membership

of the Florida SuperLawyers and The

American Board of Trial Advocates