Losing a family member or loved one due to someone else’s negligence is something many people never get over. While a wrongful death lawsuit cannot bring your loved one back, it allows you to recover compensation for the loss.
A wrongful death claim is brought in civil court, unlike murder or manslaughter claims which are brought in criminal court. Unlike criminal claims, wrongful death lawsuits are not meant to punish the negligent party. Their purpose is to compensate the victim’s family and loved ones for their loss.
Wrongful death claims in Florida must be filed by the personal representative of the victim’s estate. However, this does not mean the personal representative receives the proceeds.
The personal representative files the claim on behalf of the victim’s beneficiaries. Florida’s Wrongful Death Act lists the beneficiaries in order of priority.
Priority of beneficiaries
The beneficiaries are prioritized in the following order: the victim’s surviving spouse, children, parents, blood relatives and adoptive siblings. Children include biological children and children born out of wedlock.
Blood relatives and adoptive siblings must generally have relied on the victim for financial support to be eligible for proceeds from a wrongful death claim.
Damages from a wrongful death lawsuit can be economic and non-economic. Economic losses include burial expenses, medical bills and lost wages. Non-economic damages are damages with no dollar value, such as pain and suffering.
Dividing wrongful death proceeds among several beneficiaries can be complex. Florida courts consider several factors when dividing proceeds, including the relationship between the victim and each beneficiary, the emotional and financial effect of the loss on each beneficiary and how financially dependent each beneficiary was on the victim.
Be sure to file within the statute of limitations
If you believe you have a claim for wrongful death and want to file a lawsuit, you must act quickly. The statute of limitations for wrongful death claims in Florida is two years from the time of death.
While sometimes the victim’s personal representative may be able to file for an extension of the statute of limitations, most wrongful death lawsuits must be filed within the two-year period.