Losing a family member is a catastrophic event, filled with grief and financial insecurity. When you are affected by a loved one’s wrongful death, there are certain relatives or designees who are able to file a claim in accordance with Florida law. The first step is to determine that the event qualifies as a wrongful death, and the second is to ensure you are legally entitled to file.
While financial compensation will not erase the grief of loss, it can help you move forward with less of a financial impact. The carelessness of others causes thousands of deaths per year across the United States. A designated representative can file a claim on the deceased person’s behalf.
If you have lost a loved one due to the negligence of another, Lopez & Humphries, PA is here to help you get the compensation you deserve. Here’s who can sue when a loved one suffers a wrongful death.
Designated Personal Representative
According to the Florida Wrongful Death Act, the personal representative is the party allowed to file a wrongful death lawsuit. If you have been designated by your loved one, this means that you were named as such in the will. As the delegate to your loved one’s estate, you will act on the behalf of the other surviving family members.
If your relative did not have a will naming someone they trusted to act on their behalf, the court will need to appoint a representative. Certain criteria need to be met to qualify for this role and this varies by state. Being awarded the role of personal executor of an estate is a tremendous responsibility made lighter by seeking trusted legal advocates who can answer your questions.
Those Financially Dependent on the Deceased
After the primary beneficiaries as listed above file a claim, if you were financially dependent on the deceased you may be entitled to compensation as well. The settlement amount will be distributed between all qualified survivors.
Dependents aren’t just spouses and children. In some cases, the children may be eligible for a wrongful death claim, as well as any others who are financially dependent on the deceased. Talk to your lawyer if you believe you may be eligible for a wrongful death claim but aren’t sure how to get the compensation you’re due.
Let a Lawyer Ease the Financial Hardship of Losing a Loved One
Whether you are the designated representative, the person appointed by the court, or determined to have been financially dependent on the deceased, no action can be taken without filing for legal action. Your attorney will guide and support you through this difficult time and will ensure that you do not forfeit your right to fair compensation.
Speaking with an experienced attorney is the best way to take action under the wrongful death statute in Florida. Get the compensation you and your family deserve by calling Lopez & Humphries, PA at 863-709-8500 or filling out the following online contact form to take advantage of your free consultation.