Who Can File a Wrongful Death Lawsuit in Florida?

Losing a loved one in a preventable accident brings unbearable grief and financial hardship. While no legal action can replace your family member, Florida law allows recovery when someone else’s negligence causes death.

Florida’s wrongful death statute sets clear rules on who may file claims, and the process involves court procedures that can be confusing during an already difficult time. Knowing your rights and the proper steps protects your family’s ability to secure compensation.

At Hale Law Accident Attorneys, our Southwest Florida offices guide families through wrongful death claims with care and dedicated advocacy. Contacting a wrongful death lawyer in Tampa, FL, helps protect your family’s rights.

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Key Takeaways: Florida Wrongful Death Claims

• Only the personal representative of the deceased’s estate can file wrongful death lawsuits in Florida
• Surviving spouses, children, parents, and blood relatives can recover damages, but cannot file suit directly
• The probate court must appoint the personal representative before you file wrongful death claims
• Opening an estate at the Manatee County Courthouse involves specific procedural requirements
• Damages include economic losses and the survivor’s pain and suffering
• Each survivor’s relationship to the deceased determines what damages they can recover
• Call a Florida wrongful death attorney immediately to protect your family’s rights and meet all deadlines

Florida’s Wrongful Death Act Framework

Florida Statutes 768.16 through 768.26 govern wrongful death actions. These laws specify who can sue, what damages you can recover, and how you receive compensation. Only the personal representative can file a wrongful death lawsuit, acting on behalf of all survivors and the estate.

Individual family members cannot file separate claims, ensuring one suit covers everyone. The representative has a fiduciary duty to maximize recovery. Wrongful death claims compensate family losses from the death, while survivor actions allow estates to pursue claims the deceased can have filed. Both often proceed together.

Who Qualifies as a Personal Representative

The deceased will usually name a personal representative, giving that person priority. Without a will, Florida intestacy laws establish a priority of succession, with surviving spouses taking precedence, followed by children, parents, siblings, and other relatives. The court formally appoints the personal representative, issuing letters of administration to grant them the necessary authority to act on behalf of the deceased.

Families can have co-personal representatives if agreed on, although disagreements may complicate matters. Out-of-state family members can serve, but sometimes must appoint a Florida resident as co-representative to ensure someone local can manage the estate properly.

Survivors Who Can Recover Damages

Surviving spouses can recover damages for lost support and services, loss of companionship, and mental pain and suffering, reflecting the profound impact of losing a life partner. Minor children under 25 have rights to compensation for lost parental companionship, guidance, and mental pain and suffering.

Adult children can recover from mental pain and suffering if no surviving spouse exists, acknowledging the parent-child bond. Parents of deceased adult children may recover in limited cases when no spouse or children survive.

Blood relatives or adoptive siblings who relied partly or entirely on the deceased can recover lost support if they prove financial dependency with evidence. These provisions ensure families receive compensation for the loss of essential support and relationships.

Opening an Estate at the Manatee County Courthouse

The probate process begins by filing a petition for administration, which requests that the court appoint a personal representative and open the deceased’s estate. The petition lists information about the deceased, their assets, and the proposed representative.

Required documents include the death certificate, the will (if one exists), and details about the heirs and beneficiaries. You may need additional documents depending on your assets and family circumstances.

The Manatee County Courthouse Probate Division, located at 1115 Manatee Avenue West in Bradenton, handles filings, provides forms, and offers procedural guidance, but does not offer legal advice. Filing fees for formal administration cost $400, plus publication expenses and any additional attorney fees, which the estate typically covers. Personal representative appointments can take weeks or months, and wrongful death lawsuits cannot proceed until the appointment is complete.

Types of Estates and Administration Processes

You must complete formal administration for wrongful death claims. This full probate process involves court supervision, creditor notice, and formal accounting, providing the legal authority needed to pursue litigation.

You can use summary administration for smaller estates, but you cannot use it for wrongful death suits; therefore, families must open formal administration even if the estate qualifies for a simplified process. Disposition without administration applies only to very small estates with minimal assets and exemptions, offering no way to pursue wrongful death claims.

Ancillary administration handles out-of-state property when Florida residents own property elsewhere or non-residents own Florida property. Attorneys coordinate these multi-state proceedings to ensure proper administration and protect the estate’s and survivors’ rights.

The Wrongful Death Lawsuit Filing Process

The probate court must officially appoint the personal representative and issue letters of administration before filing a wrongful death suit. Filing prematurely can lead to dismissal. The complaint names the personal representative as plaintiff, even though multiple family members will recover damages.

Defendants include all parties whose negligence contributed to the death, such as drivers, employers, property owners, manufacturers, or government entities. Venue rules determine the appropriate county, based on where the death occurred, where the defendant resides, or where the incident took place.

Strategic venue selection can influence outcomes. Service of process delivers the complaint and summons to the defendants, formally notifying them of the lawsuit, initiating the response period, and commencing litigation proceedings.

Damages Available in Wrongful Death Cases

Lost support and services compensate survivors for financial losses, including the deceased’s earnings, benefits, and household contributions they will have provided over their expected remaining work life. Loss of companionship and protection damages address non-economic losses, compensating spouses and minor children for the loss of the relationships they have with their loved ones.

Mental pain and suffering covers grief, anguish, and emotional trauma, valued separately for each survivor. Medical and funeral expenses, including hospitalization, treatment, and burial costs, are recoverable with proper documentation.

Lost income and earning capacity of the deceased belong to the estate, especially for younger victims. Pain and suffering endured by the deceased before death is an estate claim under survivor actions, separate from wrongful death compensation for family members.

Insurance Coverage in Wrongful Death Cases

Liability insurance policies provide primary compensation sources. At-fault drivers’ auto insurance, businesses’ commercial liability coverage, and homeowners’ policies all respond to wrongful death claims. Policy limits determine available compensation amounts.

Underinsured motorist coverage from the deceased’s policies may apply. When at-fault parties lack adequate insurance, the deceased’s own UIM coverage sometimes provides additional compensation for wrongful death claims. Policy language determines if this coverage applies.

Commercial umbrella policies increase available compensation. Businesses and wealthy individuals often carry umbrella policies that provide $1 million or more in coverage beyond standard liability limits. Identifying these policies maximizes potential recovery.

Workers’ compensation provides death benefits but limits wrongful death suits. When deaths occur during employment, families receive workers’ compensation death benefits. However, they generally cannot sue their employers but can pursue third parties whose negligence contributed to the injury.

Homeowners’ insurance covers some wrongful death scenarios. When deaths occur on residential property or from homeowner negligence, these policies provide compensation. Coverage limits and exclusions require careful policy analysis.

The Role of the Personal Representative in Litigation

The personal representative signs all legal documents, including pleadings, discovery responses, and settlement agreements, acting as the legal party in the lawsuit on behalf of survivors. They make final litigation decisions, approve settlements, and guide trial strategy.

You may need to attend depositions and hearings to provide testimony about the deceased and the survivors’ losses. After recovery, the representative distributes settlement or verdict proceeds to family members and provides a detailed accounting to the probate court in formal administration.

Working With Florida Wrongful Death Attorneys

Immediate consultation protects your rights and preserves evidence, which can disappear quickly in wrongful death cases. Attorneys coordinate the opening of the estate by filing probate paperwork and securing the appointment of the personal representative, establishing the legal foundation for the lawsuit.

Investigation begins immediately, including hiring investigators, obtaining police reports and autopsy results, interviewing witnesses, and gathering evidence of negligence. Calculating damages involves economists, life care planners, and vocational specialists to prove the value of lost support and services.

Negotiating with insurance companies requires experience, as claims involve complex damages and multiple survivors. Trial preparation shows commitment to full recovery, as insurers offer fairer settlements to avoid the risk of a jury verdict.

Financial Support During Wrongful Death Claims

Immediate financial needs often appear before wrongful death lawsuits reach resolution. Families lose the deceased’s income while covering funeral costs and living expenses. Workers’ compensation death benefits provide quick payment for deaths occurring at work, including funeral costs and ongoing support for dependents.

Social Security survivor benefits help qualifying spouses and children with federal payments. Life insurance proceeds go directly to named beneficiaries and do not affect wrongful death claims.

Most wrongful death attorneys work on a contingency basis, meaning families pay nothing unless they recover compensation, making legal representation more accessible. Litigation funding companies may offer advances using expected settlements as collateral; however, the costs can be high. Attorneys can advise if this option is suitable for your situation.

Contact a Southwest Florida Wrongful Death Lawyer

At Hale Law Accident Attorneys, our Southwest Florida offices serve grieving families in Sarasota, Bradenton, Brandon, Port Charlotte, Venice, and Lakewood Ranch. Our Bradenton office, located at 4916 26th Street W, is near the Manatee County Courthouse for probate proceedings.

We’re fifth-generation Floridians who understand the impact of losing loved ones to preventable accidents. Whether you need estate administration guidance or the support of a personal injury lawyer in Tampa, FL, we handle probate and wrongful death litigation with care while pursuing maximum compensation.

Our training at Stetson University College of Law and experience representing insurance companies help us counter defense tactics and Fight Like Hale® for families. Call (941) 735-4529 for a free consultation. We guide families through estate openings and wrongful death claims with no fees unless we recover compensation on their behalf.

Frequently Asked Questions: Florida Wrongful Death Claims

Can I file a wrongful death lawsuit myself as the surviving spouse?

No, Florida law requires the personal representative of the deceased’s estate to file wrongful death lawsuits. Even as a surviving spouse, you must first be appointed personal representative through the probate court before you have legal standing to file the suit.

How long does the probate process take before we can file the wrongful death suit?

Uncontested personal representative appointments in Manatee County often occur within four to eight weeks. Disputed appointments or complex estates take longer. Your wrongful death lawyer can expedite the process by ensuring all paperwork is properly completed and filed promptly, allowing the wrongful death lawsuit to proceed as quickly as possible.

What if my loved one died without a will?

Florida’s intestacy laws establish a priority for the appointment of a personal representative when no will exists. Surviving spouses have priority, followed by children, parents, and other relatives. The probate court will appoint an appropriate representative to accordance with these priority rules, allowing wrongful death litigation to proceed.

Can we settle a wrongful death claim without going through the probate process?

No, Florida law requires proper estate administration and the appointment of a personal representative before wrongful death claims can be pursued or settled. Even if defendants offer a settlement, accepting it without proper probate procedures creates legal problems. You must follow the process correctly to protect the rights of all survivors.

What happens if family members disagree about whether to settle?

The personal representative makes final decisions about settlement, but they have fiduciary duties to all survivors. Courts can intervene if representatives abuse their discretion. Your wrongful death attorney helps navigate family disagreements and ensures decisions serve everyone’s best interests while meeting legal obligations.

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