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Determining who is eligible to file a wrongful death claim

The loss of a loved one is incredibly painful. The loss can be downright debilitating if it was unexpected and due to someone else's negligence. There's one thing to lose a loved one to an extended illness, heart attack or old age. It's entirely different when your loved one was ripped away from you because someone else failed to act appropriately or was negligent. Today, we will examine who can file a wrongful death claim in Florida.

Florida law permits only specific family members to file wrongful death lawsuits when their loved one is killed by the negligent or intentional actions of another. Those permitted under Florida law to file a wrongful death lawsuit include the following:

  • Parents of the deceased
  • Spouse of the deceased
  • Children of the deceased
  • Blood relatives of the deceased who are dependents
  • Brother or sisters who were adopted and are dependents of the deceased
  • A child who was born to a mother outside of marriage
  • A child who was born to a father outside of marriage if the father was supporting the child

The people allowed to file a lawsuit for wrongful death are referred to as beneficiaries or survivors. The lawsuit can ask for compensation for medical expenses, lost wages, loss of companionship or loss of consortium, pain and suffering, loss of parental guidance and more.

Filing a wrongful death claim can help you get some peace of mind following the loss of your loved one. It can help pay for funeral expenses, pain and suffering and the loss of income that person provided your family. Sadly, it will not bring them back or ease your grief.

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Wieland & DeLattre
226 Hillcrest St.
P.O. Box 944
Orlando, FL 32802

Phone: 407-841-7699
Phone: 321-639-4777
Fax: 407-841-2084
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