Miami Personal Injury Lawyer Blog
Losing a loved one in an accident is an unimaginable tragedy, but there are implications beyond the grief. In the aftermath, financial losses come to the forefront, leaving you with questions about seeking compensation. Florida’s Wrongful Death Act allows certain individuals to file a wrongful death lawsuit to recover monetary damages for these losses. If someone else’s negligence caused your loved one’s passing, you may have a claim.
An important factor regarding your rights is who can be a party in a Florida wrongful death case. There are legal requirements, and you must comply with the rules in order to obtain the compensation you deserve after suffering such a horrific loss. A Miami wrongful death lawyer will ensure your case stays on track, whether through settlement discussion or litigation. You can also benefit from some information about the laws.
Standing in Wrongful Death Cases
In Florida, a wrongful death lawsuit is not filed directly by the surviving family members. Instead, a personal representative acts on behalf of the deceased’s estate to initiate the lawsuit. This representative is typically named in the decedent’s will. If there is no will, the probate court will appoint a representative, which can be a spouse, adult child, or other relative.
The personal representative is responsible for pursuing the case for wrongful death. Any damages awarded in the lawsuit will be distributed to the beneficiaries of the estate, which may include surviving spouses, children, parents, or dependents of the deceased.
Parties Benefiting From a Wrongful Death Lawsuit
While the personal representative initiates the lawsuit, the real parties in interest are the beneficiaries. They are:
- A surviving spouse
- Dependent and minor children of the deceased
- Adult children, if they are dependent upon the deceased
- Parents who were financially dependent on the deceased child
- Blood relatives or adoptive siblings who relied on the deceased for financial support
When a wrongful death lawsuit is successful, the beneficiaries receive compensation for various losses. Examples are medical expenses incurred before death, lost income the deceased would have provided, and related losses.
Legal Steps After a Fatal Accident
One of the first steps for the personal representative will likely be filing a claim with the at-fault party’s insurer. Homeowners, businesses, and motorists have liability insurance that covers losses for fatal accidents. In many cases, the insurance company may offer a settlement to resolve the claim. You might be able to reach an out-of-court agreement.
However, if the insurance company will not pay an amount sufficient to cover your losses, you might proceed to take your case to trial. The jury will deliberate on the amount of losses.
Set Up a Consultation With a Miami Wrongful Death Attorney Today
If you have questions about who can be a party in your wrongful death case, please contact Gerson & Schwartz, PA. Our team has extensive experience helping families in Miami, Fort Lauderdale, and West Palm Beach pursue wrongful death claims. To schedule a no-cost consultation, visit us online or call (305) 371-6000. A compassionate attorney will advise you on your situation.
