Florida law determines who gets the money in a wrongful death lawsuit—generally, it is one or more surviving family members. Recipients may include a spouse, children, parents, or other relatives.
The issue of a family member’s eligibility is not always straightforward. An Orlando wrongful death lawyer can determine if you should receive compensation.
Which Family Members Are Entitled to Seek Benefits in a Wrongful Death Claim?
Florida law determines who has the right to seek benefits and file a wrongful death claim. Survivors, outlined in Florida Statutes § 768.21, are typically close family members who relied on the deceased for financial, emotional, or other forms of support. These include:
Spouse of the Deceased
A surviving spouse is often the primary beneficiary in a wrongful death claim. A spouse frequently experiences the greatest impact from the loss.
Children of the Deceased
Children of the deceased are also entitled to seek money in a wrongful death lawsuit. Minor children, defined as those under the age of 25, can claim damages for certain losses. Adult children may also recover damages, particularly in cases where there is no surviving spouse, though their claims may not take precedence.
The Decedent’s Parents
Parents of the deceased may recover damages depending on the deceased’s age at the time of death. If the deceased was a minor child, parents may claim compensation for emotional pain and suffering, as the loss of a child is devastating at any age.
For adult children, parents’ eligibility to recover damages is generally more limited but may apply in situations where no other survivors exist.
Other Family Members and Additional Dependents
In some cases, other family members who were financially or emotionally dependent on the deceased may qualify for benefits. These individuals can include siblings, grandparents, or other legally dependent relatives. However, such claims are typically secondary to those listed above, and their eligibility is determined by the specific circumstances of the case.
Florida also considers families of diverse structures in unique situations. For example, stepchildren who were financially dependent on the deceased, estranged children who relied on them for support, or legal dependents unrelated by blood or marriage may qualify for benefits. These cases often involve complex legal considerations and require thorough evaluation.
Determining who qualifies as a “survivor” can be legally complex. A wrongful death lawyer can help identify all eligible beneficiaries under Florida law, resolve disputes among family members regarding benefit allocation, and ensure that all qualifying survivors receive the compensation they deserve. An Orlando personal injury lawyer can clarify your eligibility and protect your rights throughout the wrongful death claims process.
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Personal Representatives and Seeking Compensation for Wrongful Death
In Florida, the personal representative of the deceased person’s estate must file a wrongful death lawsuit. The personal representative acts as a legal representative for the estate, and the survivors entitled to compensation.
The personal representative is typically named in the deceased person’s will or estate plan. If there is no will, the court will appoint someone to serve in this role, often a close family member such as a spouse, adult child, or parent. In some cases, the court may appoint a third party if there is no suitable or willing family member.
Once a settlement or verdict is reached, the personal representative is responsible for distributing the awarded damages to the eligible beneficiaries. This includes estate damages, like funeral expenses, and survivor damages, like the loss of financial support. A wrongful death attorney can guide the personal representative, ensuring that all claims are filed correctly and that survivors receive the compensation they deserve.
Establishing Negligence That Caused a Wrongful Death
Per Florida Statutes § 768.19, you may seek awards for the death of a loved one caused by someone else’s wrongful act or negligence.
When making your case for compensation, we will work to prove negligence caused your loved one’s death by:
- Establishing that the defendant owed your loved one a duty of care
- Proving that the defendant breached their duty of care
- Showing that the breach of duty of care caused your loved one’s death
- Explaining the damages caused by your loved one’s passing
Standards for proving liability may vary between cases.
Recoverable Benefits in a Florida Wrongful Death Case
It’s hard to estimate an average wrongful death settlement, as each case is unique. The benefits you may receive depend on several factors, including your relationship to the deceased. Other determining factors may include:
- How much financial support you received from the deceased
- Whether you have children with the deceased
- Whether other surviving loved ones take priority over you
- The total cost of your loved one’s passing
Spouses and children may generally be primary beneficiaries of a wrongful death lawsuit. Recoverable damages for these parties may include:
- Loss of companionship
- Lost parental guidance and instruction
- Lost financial protection
- Pain and suffering
Medical expenses, funeral expenses or burial costs, and other expenses may also be recoverable. Details of the beneficiary’s life before their passing may determine the scope of recoverable wrongful death damages, such as their former working status.
Pain and suffering is a significant loss in wrongful death cases. It is also a difficult damage to calculate, as it is non-economic in nature. Our team can calculate this loss category for you.
How Much will You Receive for a Wrongful Death?
Every wrongful death case has a unique value. To determine the value of your case, a lawyer from our team will:
- Identify the value of future income that the deceased lost when they passed away
- Determine the value of employment-related benefits, such as bonuses and retirement contributions
- Value the deceased’s “services,” such as contributions to household chores and repairs
- Make any necessary adjustments to these figures
We will also calculate the value of your loved one’s non-economic losses. This process may require thorough investigation and complex calculations. Any errors can negatively affect your case.
Should You Hire Our Firm for a Wrongful Death Case?
You may want to hire a lawyer for your wrongful death case. Losing a loved one is emotionally and psychologically taxing. You may need as much time as possible to cope, and leading a wrongful death case requires both time and focus.
Other reasons to hire our firm for your case include:
- Our knowledge of wrongful death case law
- Our experience recovering awards for our clients
- Our knowledge of Florida-specific statutes
- Our in-house resources
- Our ability to hire third-party resources for your case
We only receive a fee from you if we win your case. There is no financial downside in hiring us for your case; however, there are many potential benefits.
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Call Bogin, Munns & Munns About Your Wrongful Death Case
Florida Statutes § 95.11(4)(d) generally provides you a two-year window for filing a wrongful death lawsuit. Though there are exceptions to this statute, do not wait to call our firm. A deadline could be close to expiring, and we will file your case as soon as we can.
Call Bogin, Munns & Munns today to discuss your case. We have served victims of wrongdoing since 1979, and our wrongful death attorneys are ready to help you seek money for a wrongful death lawsuit.
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