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.

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