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Who Can File a Wrongful Death Lawsuit?

Some injuries due to another person’s actions or negligence result in death. Whether this tragedy happened in a workplace accident, from physician negligence, in an auto accident or any other cause, those who are left behind may have the right to file a “wrongful death” lawsuit. No amount of money can make up for such a deep loss but the resulting grief may be compounded by serious financial ramifications from the loss. This includes medical bills and burial expenses, loss of income from the wage earners untimely death, compensation for pain and suffering, and punitive damages. Punitive damages are designed to punish the defendant and discourage others from acting with the same recklessness and disregard.

8175591_l-300x225State laws designate who can file a wrongful death lawsuit. The Florida Wrongful Death Act is a complex set of regulations and it is best to speak with a knowledgeable Florida wrongful death lawyer to understand if you have a right to file. Typically, those who can file fall into two categories:

Personal representative of the estate: Everything that someone owned during their lifetime is defined as their “estate.” A lawsuit may be filed on behalf of all beneficiaries of that estate. However, the damages in this type of wrongful death filing are limited.

Survivors: More significant damages can be awarded to those defined as “survivors.” This includes the spouse, children, parents and adoptive siblings. Children under the age of 25 are often entitled to even higher damages. This can leave some important people out. Common law marriages, remarriage, intention to marry, adopted children and those born out of wedlock, and others financially dependent on the decedent.

Don’t take it upon yourself to work through these complex issues without help. We will take care of the legal matters following the death of a loved one so that you can work through the grieving process and give your family the attention it needs during this difficult time. Call Glick Law Firm, PA, immediately. There are time limits to file in wrongful death matters, so don’t wait to speak with us. We are here for you.