Who Can Be a Personal Representative in a Florida Wrongful Death Lawsuit?

If someone you love has been killed in Florida as the result of someone else’s negligence, you may be eligible for compensation in a wrongful death claim. However, there are specific rules on who is eligible to make a wrongful death claim in Florida. If you have questions on whether or not you can make a claim, you can get the professional advice of a wrongful death attorney.

Under Florida law, the only person who can make a wrongful death claim is the deceased’s personal representative. This representative must make the claim on behalf of the deceased’s estate, and on behalf of each individual survivor. In this case, survivors may include:

  • the deceased’s spouse,
  • the deceased’s children;
  • the deceased’s parents;
  • the deceased’s blood relatives; and
  • in some cases, their adoptive relatives.

Under Florida statutes, survivorship is to be determined at the time of the deceased’s death. Furthermore, statutes specify what type of damages each type of survivor may recover. In a Florida wrongful death claim, damages may include the deceased’s medical expenses, their funeral and burial costs, and specific losses that were suffered by the survivors.

If you want to file a wrongful death claim, or to know more about who can act as a deceased’s personal representative, you should get the help of an experienced wrongful death attorney.

When Can You Recover?

You may feel overwhelmed by the road ahead. We understand that you may be emotionally drained from your loss. That’s where we come in to play. We will take care of the legal side of things so you can focus on your needs.

Keep in mind, Florida law generally requires wrongful death claims to be filed within two years of the date of death. This time often passes quickly in the midst of dealing with the loss.

Before filing suit, the probate court will need to appoint a personal representative to bring the claim on behalf of the estate and the survivors. At Jim Dodson Law, we will work with the probate court to get this done.

In cases against an agency of the government, Florida law has notice requirements which must be met in order to enforce your claim. These are all matters we have experience handling, so you don’t have to worry.

Has A Loved One Died To The Negligence Of Others?

When you lose someone you love you are surely dealing with emotional trauma. We understand the other burdens of loss such as medical bills, funeral expenses, probating an estate, property loss; the list goes on.  It can feel like you are in a whirlwind, particularly if you are left with all the responsibility. The survivors of a person killed due to another person’s wrongful act have the right under Florida law to recover for the loss of their loved one. For a free, no-obligation consultation with Clearwater wrongful death lawyer Jim Dodson, give us a call today at 727-446-0840.

Jim Dodson
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A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.