Who Can File a Wrongful Death Lawsuit in Miami?

Losing a loved one due to negligence is a devastating experience, and many families wonder whether they have the right to file a wrongful death lawsuit in Miami. Under Florida law, wrongful death claims allow certain surviving family members to seek compensation for the loss of their loved one. However, not just anyone can file a claim. Florida law outlines strict guidelines regarding who has legal standing in a wrongful death case.

If you believe you may have a claim, it’s important to understand your legal rights and how a Miami wrongful death attorney can help.

Understanding Florida’s Wrongful Death Act

Florida’s Wrongful Death Act (Florida Statutes § 768.16-768.26) governs who can file a lawsuit and what damages can be recovered. Unlike personal injury claims, which can be filed by an injured victim, wrongful death claims must be filed by a personal representative on behalf of the deceased person’s estate and surviving family members.

This law ensures that only those with a direct legal or financial relationship to the deceased can seek compensation. If you are considering filing a wrongful death claim in Miami, knowing whether you meet the legal criteria can be crucial.

Who Can File a Wrongful Death Lawsuit in Miami?

In Florida, only the personal representative of the deceased’s estate can file a Miami wrongful death lawsuit. This individual is either:

• Named in the deceased’s will or estate plan

• Appointed by the court if no personal representative was previously designated

While the personal representative formally files the lawsuit, it is filed on behalf of specific surviving family members who may be entitled to compensation.

Who Can Recover Compensation in a Miami Wrongful Death Lawsuit?

Florida law allows certain family members to receive damages in a wrongful death claim, which may include

1. Spouse

The deceased’s surviving spouse is often the primary beneficiary in a wrongful death claim. Spouses generally may recover damages for:

• Loss of companionship
• Emotional pain and suffering
• Loss of financial support
• Medical and funeral expenses

2. Children

Minor children (under 25) of the deceased can seek compensation for:

• Loss of parental companionship, guidance, and instruction

• Emotional suffering

• Financial support the deceased would have provided

If there is no surviving spouse, adult children may also have a claim, but their ability to recover damages is more limited.

3. Parents

Parents of a deceased minor child (under 25) can recover compensation for:

• Mental and emotional suffering

• Loss of companionship

If an adult child dies due to negligence, parents can only recover damages if there are no surviving spouse or children.

4. Other Dependent Family Members

In some cases, blood relatives or adoptive siblings who were financially dependent on the deceased may be entitled to compensation. This typically applies to family members who relied on the deceased for financial support or caregiving.

What Happens if There Is No Personal Representative?

If the deceased did not have a will or estate plan designating a personal representative, the court will appoint one—typically a spouse, parent, or adult child. This individual will handle the estate and file the wrongful death claim on behalf of all eligible beneficiaries.

If you are unsure whether you qualify to file a claim, a Miami wrongful death attorney can help determine your legal standing and guide you through the process.

What Damages Can Be Recovered in a Miami Wrongful Death Lawsuit?

Wrongful death lawsuits in Miami allow surviving family members to recover both economic and non-economic damages, including:

• Medical expenses related to the final injury or illness

• Funeral and burial costs

• Loss of income and future financial support

• Loss of benefits (such as health insurance or retirement contributions)

• Loss of companionship, guidance, and emotional support

• Pain and suffering of surviving family members

The specific damages available depend on the relationship between the deceased and the surviving beneficiaries.

How Long Do You Have to File a Wrongful Death Lawsuit in Miami?

Florida law sets a two-year statute of limitations for filing a wrongful death lawsuit. This means surviving family members typically have two years from the date of death to file a claim. However, certain exceptions may apply, such as cases involving medical malpractice or government entities.

If you miss this deadline, you may lose the right to pursue compensation, making it crucial to consult a Miami wrongful death lawyer as soon as possible.

Why You May Need a Miami Wrongful Death Attorney

Filing a wrongful death lawsuit is a complex legal process that requires proving negligence, liability, and damages. An experienced Miami wrongful death attorney can:

• Investigate the cause of death and gather evidence
• Identify all eligible beneficiaries
• Calculate the full extent of damages
• Negotiate with insurance companies
• Take the case to trial if necessary

At The Law Offices of Jason Turchin, we understand the emotional and financial challenges families face after losing a loved one. Our team is dedicated to helping families in Miami navigate wrongful death claims and seek the justice they deserve.

Get a Free Consultation with a Miami Wrongful Death Lawyer

If you have lost a loved one due to someone else’s negligence, you don’t have to face this alone. Our team at The Law Offices of Jason Turchin is here to provide compassionate legal support and fight for the compensation your family deserves.

📞 Call us today at (800) 337-7755 for a free consultation

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We are committed to helping Miami families hold negligent parties accountable and secure the justice they deserve.