Wrongful Death Cases Explained - Who Can Sue For Wrongful Death? Wrongful Death Lawsuit

Dealing with the premature death of a loved one is the hardest challenge in the world. It’s even worse if they lose their life because of someone else’s negligence. The question of why will always remain, and getting closure without seeking justice is virtually impossible. 

Fortunately, justice is available for your family in the form of a wrongful death lawsuit. Although no amount of compensation and validation will bring your loved one back, holding the liable party accountable for what transpired will, without a doubt, bring some comfort and help guide the grieving process in the right direction.

But what do the wrongful death lawsuits entail and who can sue for wrongful death?

What is considered a wrongful death?

Before divulging who can sue for wrongful death, let’s get the basics out of the way first. 

Wrongful death is caused through wrongful, negligent action or omission by another party. This covers a lot of scenarios, similar to the way the overall field of personal injury does. In fact, a wrongful death lawsuit is practically the same as a personal injury claim. The difference is that it’s brought by the victim’s family. 

In Florida, this is made possible through the “Right of Action” statute (or wrongful death act). It mandates that in cases where a person’s death was caused by another individual’s negligence, the decedent’s estate has the right to file a claim against all the liable parties in civil court. 

The most important part here is the fact that a wrongful death lawsuit is a civil claim. Meaning, there are no criminal charges and the primary goal of the lawsuit is to recover financial compensation for any damages incurred by the death of a deceased family member. 

Who can sue for wrongful death in Florida?

In the Sunshine State, the personal representative of the deceased’s estate is legally allowed to sue for wrongful death. This individual is generally chosen by the deceased person in their estate plan or a will. If someone passes away without proper legal arrangements, a personal representative will be appointed by the court.

Make no mistake here - the personal representative only files the lawsuit. Any compensation awarded in the claim will be paid out to the estate and benefit the dependents and survivors of the victim. 

Family members who can receive compensation in a wrongful death lawsuit

With the question of who can sue for wrongful death out of the way, it’s necessary to explain which family members are entitled to compensation. 

In the context of wrongful death claims, eligible family members are known as beneficiaries. They are entitled to receiving various types of damages, including (but not limited to):

• Funeral and burial expenses
• Medical expenses the victim incurred as a result of their injury before passing away
• Pain and suffering experienced by the victim before death

In addition to the victim’s losses, a large portion of wrongful death claims consists of personal losses of the family members, such as (but not limited to):

• Loss of future income or benefits
• Loss of household services
• Loss of guidance
• Loss of consortium
• Other financial losses stemming directly from the loss of loved one

So, who can recover these damages and which type exactly?

Here’s a short list:

• Spouse: a surviving spouse can be awarded damages for emotional trauma and loss of comfort and companionship caused by the death of their partner.
• Underage children: children are often compensated for the lost benefits provided by a parent, which may include emotional support, guidance, and protection.
• Parents: the parents of the victim may recover compensation for a lost relationship with their child, loss of future comfort and care, and emotional trauma. 
• Dependent family members: blood relatives or adoptive family members can also receive compensation if they were completely or partially dependent on the decedent for services or other forms of financial support.

When it comes to the children of unmarried parents, the situation is slightly different. Under Florida law, children of unmarried parents are only eligible for compensation if their mother died because of someone else’s negligence. 

In contrast, they’ll be able to recover damages only if the father formally recognized them as their own or had a legal obligation to support them financially. 

Things you must prove to win a wrongful death lawsuit 

To succeed in a wrongful death claim, the plaintiff must establish various components:

• Tortious behavior: the defendant must have behaved negligently or recklessly, and their actions must have directly resulted in death.
• Victim's eligibility to sue the defendant: it's crucial to demonstrate that the victim would have had the right to initiate a claim against the defendant if they had survived.
• Identification of personal representative and family members: for a legitimate wrongful death claim, both the personal representative of the estate and any surviving family members must be identified.
• Causation and damages: the negligent behavior caused financial and personal losses to both the family members and the estate.

In addition to establishing these factors, you’ll need to substantiate them with various pieces of evidence, including:

• Medical records
• Physical evidence
• Photos and videos
• Police reports
• Autopsy reports
• Tax returns 
• Death certificates

Fight for what’s right

If your loved one died due to someone else’s carelessness, you may have the right to file a wrongful death claim. Considering the complex nature of the matter at hand, you need an experienced personal injury attorney handling your case if you’re to successfully prove that the negligence of another party led to your loved one’s death.

Here at Law Offices of RITE, we have decades of experience fighting for the rights of clients who lost someone in such tragic circumstances. Besides the legal expertise we bring to the table, we also approach every case with a well-needed level of compassion. 

We know that even the highest settlement can’t erase the emotional pain you feel, but fighting to keep the liable party accountable for their actions can be a good first step towards acceptance and healing. 

Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com to schedule a free case review.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.