In Florida, an average of 42.7 per every 100,000 people are victims of an accidental fatality, a number that is constantly on the rise. Florida specifically created a Wrongful Death Act to protect the loved ones of those that who are killed due to another person’s negligence.
When is a Wrongful Death Claim applicable?
Florida Statutes §768.18 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.
Am I eligible to sue for damages in a wrongful death claim?
Florida Statute §768.20 law requires the personal representative of the deceased person’s estate to file the wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.
I’m not the personal representative of my deceased loved one’s estate, am I still entitled to recover for damages?