Who Can File a Wrongful Death Claim?

Can You File a Wrongful Death Claim? Know Your Legal Rights

Losing a loved one is one of life’s most painful experiences. If someone’s negligence or wrongful act caused the death, a wrongful death claim may offer some recourse. At CH Smith Law, we help families in Florida understand their options. This guide explains who may qualify to file such a claim.

During such a difficult time, knowing your legal rights can be overwhelming. Many families do not realize that only certain people are allowed to bring a wrongful death lawsuit. This is why getting clear information is so important. While no legal action can undo the loss, filing a claim may help secure justice and financial support for those left behind.

If you are unsure about your eligibility or what steps to take, this article is here to help.

What Is a Wrongful Death Claim?

Who Qualifies to File a Claim?

Eligibility to file a wrongful death claim varies by state, and in Florida, the law is specific. Only certain close family members or a designated legal representative of the deceased’s estate are permitted to file. Understanding who qualifies is essential to pursuing justice and compensation after a tragic loss.

Florida Statute Defines Qualifying Parties

Per Florida Statutes Section 768.21, those eligible include:

1. Surviving spouse

2. Other parents

3. Children

4. Personal representative of the estate

These individuals represent the estate. They sue on behalf of dependents and the deceased’s estate.

Surviving Spouse

A surviving spouse is often the first person allowed to file a wrongful death claim. The law recognizes the spouse’s emotional and financial loss after the death of a partner. The spouse may ask the court for compensation related to the loss of support, services, companionship, and protection. They may also seek damages for the mental pain and suffering caused by the death. If the spouse is unable or unwilling to file the claim, other family members or the estate’s personal representative may be able to take legal action instead.

Children of the Decedent

If there is no surviving spouse, the children of the deceased person may be able to file a wrongful death claim. Both minor and adult children can qualify. This includes biological children, adopted children, and sometimes stepchildren if they depended on the deceased for support. The children may ask for compensation for the loss of financial support from their parent. They can also seek damages for emotional pain and suffering. In addition, they may claim the value of household services the parent provided before the death.

Parents of the Deceased

If there is no surviving spouse or child, the parents of the deceased person may be allowed to file a wrongful death claim. This is true even if the child was over the age of 25. Parents can seek compensation for funeral and burial expenses. They may also claim economic losses that resulted from their child’s death. In some cases, parents can ask for damages related to the loss of companionship and emotional support their child once provided. Each case depends on the specific facts and state laws involved.

Personal Representative

Florida law allows only a personal representative to file a lawsuit. This person represents the estate. Typically, they are named in the will or appointed by the court.

They can pursue claims for both the estate and the eligible survivors. Once appointed, they have authority to negotiate and settle claims.

Multiple Parties Filing Together

In some wrongful death cases, more than one individual may be permitted to file a claim jointly, particularly when multiple family members have a legal right to seek compensation. This situation often arises when the deceased leaves behind several close relatives, such as a surviving spouse and children. For example, a surviving spouse may file the claim alongside the personal representative of the estate. If there is no surviving spouse, the deceased’s children may come together to initiate the lawsuit. Florida law allows for this type of joint action under the guidelines set forth in the Florida Wrongful Death Act, which ensures that all legally eligible parties have the opportunity to pursue justice.

When multiple individuals participate in the case, the legal system aims to fairly represent each party’s interests. The court will evaluate the specific losses suffered by each family member, including financial dependence, emotional trauma, and loss of companionship. Compensation is then divided according to each person’s damages, ensuring a balanced and equitable outcome. This approach acknowledges that wrongful death affects every family member differently and provides a structured way for them to seek accountability and financial relief. It also prevents conflict by consolidating claims into a unified legal process.

What About Unmarried Partners?

In Florida, wrongful death claims are strictly governed by state statutes, and unfortunately, unmarried partners are not granted the legal standing to file such claims. No matter how close or long-standing the relationship may have been, Florida law prioritizes legal marriage and blood relations when determining who is eligible to pursue compensation. This can be particularly painful for domestic partners who shared a life with the deceased but have no legal recognition in the eyes of the court.

If the deceased did not have a legal spouse, the responsibility to file a wrongful death claim typically falls to the estate’s personal representative. This individual, often named in the will or appointed by the court, can file a claim on behalf of the estate to recover economic damages such as lost income, medical bills, and funeral expenses. While this allows the estate to seek financial justice, it does not automatically entitle unmarried partners to compensation for personal losses.

For individual survivors to claim damages such as loss of companionship or services, they must meet specific criteria outlined in Florida’s Wrongful Death Act. Without meeting these requirements, even deeply affected individuals may be excluded from seeking restitution, emphasizing the importance of legal guidance.

Deadlines for Filing

Understanding the deadlines for filing a wrongful death claim is crucial to protecting your legal rights. These deadlines, known as statutes of limitations, differ from state to state and are strictly enforced. In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This means that surviving family members or the personal representative of the decedent’s estate must initiate legal action within this two-year window to be eligible for compensation.

However, there are situations where the cause of death is not immediately known—such as in cases involving medical malpractice or hidden toxic exposure. In these instances, the clock may start ticking from the date the cause of death is discovered or reasonably should have been discovered. Despite this exception, the courts are typically rigid about time limits and rarely grant extensions unless very specific and compelling conditions are met.

Because of these tight deadlines and the emotional stress that often follows the unexpected loss of a loved one, it is essential to consult with a wrongful death attorney as soon as possible. Prompt legal action ensures that your case is filed on time and preserves your right to seek justice and compensation.

Types of Compensation Available

When a wrongful death occurs, surviving family members may be entitled to several types of compensation. These damages are intended to ease the financial and emotional burden caused by the loss. Depending on the case and Florida law, courts may award economic, non-economic, and survival action damages to eligible parties.

Courts may award various types of damages, including:

1. Economic Damages

   • Funeral and burial costs

   • Loss of financial support

   • Lost household services

2. Non-Economic Damages

   • Mental pain and suffering

   • Loss of companionship or protection

3. Survival Action Damages

   • Compensation for pain and suffering endured before death

Exact recoveries depend on case facts and state law.

Limits and Caps on Damages

When pursuing a wrongful death claim in Florida, it’s important to understand that certain legal limits may apply to the damages awarded. These caps often affect non-economic compensation and vary based on the defendant’s identity or conduct. Additionally, rules govern punitive damages and how attorney fees are structured.

Florida law may limit certain damages, especially non-economic:

• Caps may apply based on the defendant’s status (like governmental employees).

• Punitive damages require showing gross negligence or intentional harm.

• Attorney fees must comply with state rules.

How to Begin Your Claim

Beginning a wrongful death claim can feel overwhelming, especially during a time of grief. Taking the first step with the right legal guidance ensures your claim is handled correctly from the outset. With the support of an experienced law firm, you can focus on healing while they manage the legal process.

Start by calling a reputable law firm. A wrongful death case may involve:

1. A free case review

2. Documentation collection

3. Insurance company negotiation

4. Filing the lawsuit before the deadline

5. Trial, if a fair settlement is unavailable

Each step benefits from experienced legal counsel.

Avoiding Mistakes That Harm Your Claim

When dealing with the aftermath of a wrongful death, emotions can understandably run high, but even unintentional actions can jeopardize your claim. Protecting your legal rights involves more than just filing on time—it requires avoiding common missteps that can weaken your case or reduce potential compensation. From the moment you suspect wrongful death, it’s crucial to be mindful of your actions and decisions. Insurance companies and opposing parties often look for opportunities to challenge claims, so being cautious and informed can make a significant difference. The following tips can help you avoid mistakes that could seriously harm your case.

• Do not discuss the case publicly

• Avoid signing documents before seeking legal counsel

• Act quickly to preserve evidence

• Keep careful records of expenses and communications

Benefits of Compassionate Representation

Losing a loved one due to someone else’s negligence is one of life’s most painful experiences. During such an emotionally overwhelming time, navigating the legal system can feel impossible. That’s why having a law firm that not only understands the law but also approaches your case with empathy is essential. At C.H. Smith Law, we believe that compassionate representation goes hand in hand with effective legal advocacy. We take the time to understand each family’s unique situation, offering more than just legal solutions—we provide a steady hand through one of the most difficult chapters of your life.

CH Smith Law offers:

• Compassionate support

• Case evaluation and guidance

• Skilled negotiation

• Court representation if needed

This ensures families receive legal backing and avoid common pitfalls.