Losing a loved one due to someone else’s negligence or misconduct is an unimaginable hardship, leaving families with emotional and financial burdens. In Florida, certain family members have the right to pursue justice and compensation through a wrongful death lawsuit. This type of claim can address various expenses, from medical bills to lost future income and the loss of companionship. If you’re facing the tragic loss of a loved one in Miami-Dade County, understanding who is eligible to file a wrongful death claim is essential. At Roberts & Basnuevo, P.A., we are dedicated to helping families navigate the legal complexities of wrongful death cases with empathy and expertise.

1. Who Can File a Wrongful Death Lawsuit in Florida?

Under Florida law, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit. Often, the personal representative is named in the deceased person’s will or estate plan. If no representative has been appointed, the court will typically appoint one. The lawsuit is filed on behalf of the deceased person’s estate and any surviving family members who are eligible to recover damages.

2. Who Can Benefit from a Wrongful Death Claim?

Once the personal representative files the lawsuit, specific family members may recover compensation, including:

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  Spouse: A surviving spouse is eligible for a range of damages, such as lost companionship, mental pain and suffering, and loss of financial support.
• Children: Minor children, and in some cases, adult children, can recover compensation for the loss of parental guidance, companionship, and support.
• Parents: If the deceased was a minor, the parents may recover damages for their pain and suffering. For adult children, parents can also be eligible if there are no other eligible survivors.
• Other Financially Dependent Relatives: Any blood relative or adoptive sibling who was financially dependent on the deceased may be entitled to compensation for their financial losses.

3. What Types of Damages Are Recoverable?

Florida law allows eligible family members to pursue both economic and non-economic damages in a wrongful death claim. These can include:

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  Medical and funeral expenses paid by the estate or surviving family members.
• Loss of future earnings that would have been contributed to the family.
• Loss of companionship, guidance, and protection for surviving family members.
• Pain and suffering endured by the deceased’s spouse, children, or parents.
• Any other relevant expenses or losses that directly result from the wrongful death.

4. Time Limits for Filing a Wrongful Death Lawsuit in Florida

In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that any wrongful death claim must be filed within this timeframe; otherwise, the right to seek compensation may be forfeited. Because of this limited timeframe, consulting with an experienced attorney as soon as possible is essential to ensure that all necessary steps are taken on time.

Seeking Justice with Roberts & Basnuevo, P.A.

Navigating a wrongful death lawsuit can be overwhelming, especially during a time of grief. At Roberts & Basnuevo, P.A., we provide compassionate, effective representation to families in Miami-Dade County. Our dedicated team is here to help you understand your rights, guide you through the legal process, and pursue the compensation and justice your family deserves.

Conclusion

Understanding who can file a wrongful death lawsuit in Florida and who can benefit from such a claim is crucial for families seeking justice for their loved one’s untimely death. If you’ve lost a loved one due to another’s negligence, don’t face it alone. Contact Roberts & Basnuevo, P.A. today to discuss your case and begin the path toward healing and recovery.