Why choose Willis Law, P.A.?

Who can file a wrongful death case in Florida?

Knowing who can sue for injuries and damages becomes a complicated matter when the person who has been harmed has unfortunately passed away. In an effort to simplify the process, Florida law only allows the personal representative of the decedent’s estate to file a wrongful death claim. This personal representative can either be named specifically in a will, trust, or estate plan, or the individual will be selected by the court if no such estate plan exists.

The personal representative filing the wrongful death lawsuit does not necessarily have any claim to any potential recoveries. Instead, the personal representative files the suit for the surviving family members of the decedent, whom must all be named as an interest even if they do not explicitly convey their interest. If there are any recoveries, either through a settlement or a jury verdict, only the surviving family members will be able to collect it through even distribution. The exclusion of the personal representative is usually not an issue due to the fact that, in most cases, this person is also a surviving family member.

Family members who are eligible to collect wrongful death lawsuit recoveries include:

• Children
• Current spouse
• Parents
• Blood relative or adoptive sibling who is dependent on decedent

Florida Statutes of Limitations on Wrongful Death Cases

Most personal injury lawsuits in Florida must be filed within two years of the incident or accident. Wrongful death lawsuits have a two-year statute of limitations. This extension is to help allow investigators to get a full understanding of the circumstances that led to an individual’s death. There are also situations in which someone’s injury or illness may degenerate over time, only becoming an issue months or years after it first occurred or developed.

Counsel Through Every Step of Your Case

Going through these cases can be incredibly difficult, which is why the focus of our firm is to avoid court if possible to make easier on you and your family. However, if going to court is the best option to gain the results you deserve, we are ready to do so. Our lead attorney is an extremely skilled litigator and negotiator who has recovered high settlements and verdicts throughout his two decades of experience.

We have the experience to guide clients through all types of wrongful death claims. Whether we are taking on a negligent individual or a defective product manufacturer, you can count on us to provide insightful and caring counsel. The sooner you retain our representation, the sooner we can begin to fight for justice on your loved one’s behalf. We encourage you to reach out to our Boca Raton firm now.