In Florida, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This person, often called the executor, represents the estate’s interests and all eligible survivors. It is often a close family member. If no personal representative was designated before the decedent’s passing, the court will appoint one.
If you lost a close family member due to the negligence or malicious act of another party, you have our deepest sympathies. Although a civil suit may be far from your mind right after a traumatic loss, it’s something you should consider soon, because the time to file a claim may be limited.
The skilled and compassionate Orlando wrongful death lawyers at DWK Law are here for you and your family. Keep reading to learn more about wrongful death suits in Orlando, then call us at (407) 244-3000 to schedule a free consultation.
Be sure to file the claim on time
It’s crucial to be aware of the timing for filing a wrongful death lawsuit. In Florida, such claims must be initiated within two years from the date of the decedent’s death. This statute of limitations ensures that claims are made promptly and within a legally acceptable timeframe, although certain rare exceptions may apply.
If the personal representative is the only person who can file the claim, are they the only one who receives benefits?
No, the personal representative is not the only one who receives benefits from a wrongful death claim, even though they are the only one who can file the claim. In Florida, the personal representative files the wrongful death lawsuit on behalf of the decedent’s estate and all eligible survivors. These parties include:
- The decedent’s surviving spouse
- The decedent’s children
- The decedent’s parents
- Any blood relatives or adoptive siblings who were financially dependent on the decedent
Distributing damages in wrongful death suits
The benefits (damages) from the wrongful death lawsuit, including compensation for medical costs, funeral expenses, lost wages, loss of companionship, and other damages, are distributed to the decedent’s survivors as specified under Florida law. The specific distribution of these damages is guided by the details outlined in the wrongful death statute, which aims to compensate the survivors for their financial and emotional losses related to the death.
For more details on how these benefits are allocated among survivors, refer to Florida Statutes § 768.21, which outlines the different categories of damages and who is eligible to receive them.
Responsibilities of the estate administrator in wrongful death claims
Only one wrongful death action may be brought on behalf of the surviving family members, and the plaintiff must be the legal representative of the deceased’s estate. This may be the executor of the will or, if the deceased died without a will (intestate), the probate court-appointed estate administrator.
The estate representative acts on behalf of the surviving family members of the deceased and makes decisions to represent their interests (such as deciding to settle or going to trial). Any damages received in the suit are paid to the estate, then distributed to the heirs and beneficiaries.
| Resource: |
Do you need to talk to an Orlando wrongful death attorney?
If you have lost someone you love and you believe it meets the conditions of wrongful death, or if you aren’t sure but want to explore your options, we invite you to contact DWK Law at (407) 244-3000 for a free consultation.
