Orlando Wrongful Death Attorneys

Eligible Parties to File a Wrongful Death Lawsuit

When you learn that a loved one has passed away in an accident, you might want to file a wrongful death claim right away. However, you might not have the legal option to file, depending on your connection to the person who passed away. In Florida, only the personal representative or executor of the decedent’s estate can file a wrongful death claim. If no such personal representative exists at the time of death, then the court can assign someone that responsibility, which is usually first passed to a surviving spouse.

The personal representative must file the wrongful death lawsuit on behalf of any surviving family members and the decedent’s estate, even if that means that the lawsuit’s outcome will not benefit or concern the personal representative. All possible beneficiaries must be named in the claim when it is filed, too.

Damages in a Wrongful Death Case

In a wrongful death claim in Florida, the goal is to obtain fair compensation for the surviving family members who have suffered financial and emotional losses due to the untimely death of their loved one. Money cannot undo what happened, but financial stability can make the grieving process more manageable.

Damages that are available in a wrongful death claim in Florida could include:

• Medical expenses: Compensation for any medical costs incurred by the deceased as a result of the injury leading to their death.
• Funeral and burial expenses: Reimbursement for the costs associated with laying the deceased to rest.
• Loss of income and future earnings: Compensation for the lost wages and earning capacity of the deceased, which would have contributed to the financial well-being of the surviving family members.
• Loss of companionship, guidance, and protection: Monetary compensation for the emotional pain and suffering experienced by the surviving spouse, children, or other close relatives due to the loss of their loved one's presence, guidance, and support.

Florida's Wrongful Death Statute of Limitations

In Florida, there is a brief two-year statute of limitations for wrongful death claims, which begins on the date of the death. You must start a claim before that statute of limitations expires, or you will most likely lose the legal right to file a claim after. Two years can pass quickly when you are dealing with grief. Please contact us as soon as possible, so you don’t risk the expiration of this important statute.

Orlando Wrongful Death FAQ

What does “decedent” mean in a wrongful death case?
A “decedent” is a person that passed away in regard to a legal matter. It is a legally technical way to say “the deceased person.”

Will my wrongful death case go to trial?
While it is difficult to predict with certainty whether a wrongful death case will go to trial, the majority of such cases are settled out of court through negotiations between the parties involved. However, if a satisfactory settlement cannot be reached, your wrongful death attorney will be prepared to take the case to trial and vigorously advocate on your behalf to secure the compensation you deserve.

Are wrongful death settlements taxable?
The Internal Revenue Service (IRS) generally holds that compensation achieved through a wrongful death claim is not taxable. However, some situations may allow for part of a settlement to be taxed, based on why certain forms of compensation were recovered. We recommend that you consult with a tax attorney if you have questions about the taxability of a potential recovery.

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