Who Can File a Wrongful Death Lawsuit?
Claim Must Be Filed By a Personal Representative
When someone dies as a result of negligence, the only person who can file a claim of wrongful death is the personal representative, on behalf of the estate of the deceased. The personal representative is the person appointed by the will of the deceased. If no will is present the personal representative can be appointed by the court.Compensation Is Received By The Estate
The compensation that is granted in a wrongful death claim is paid to the estate of the deceased. Any amounts outstanding due to the wrongful death such as medical care, legal, funeral, and burial expenses are paid from the compensation received by the estate.The Claim Must Name Beneficiaries
When the personal representative files the civil claim they must name all family members who have a right to receive compensation from the claim. Florida’s laws also restrict who can be considered a beneficiary in a wrongful death claim.Statutory Survivors
The term “statutory survivors” refers to the spouse and minor children of the deceased. A surviving spouse can receive compensation for their lost companion as well as for emotional trauma. Minor children can receive compensation for the lost protection and support of their parent.Other Beneficiaries
If the deceased is a minor child, Florida law allows the parents of the deceased to receive compensation. The law also allows any blood relative who was partially or fully dependent on the deceased to receive compensation.Contact Casas Law in West Palm Beach
The experienced wrongful death lawyers at Casas Law in West Palm Beach can answer questions specific to your situation. Contact us for a free consultation of your claim today.
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