Who Can File a Wrongful Death Claim in Palm Beach Gardens?

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. In Florida, families may have legal recourse through a wrongful death claim, which can be pursued by partnering with a Palm Beach Gardens wrongful death lawyer. Understanding who can file a wrongful death claim is crucial to ensuring justice for the deceased and financial stability for the surviving family members.

Definition of Wrongful Death

A wrongful death occurs when a person dies due to another party’s negligence, wrongful act, or breach of duty. This could include fatal car accidents, workplace incidents, defective products, or catastrophic injuries caused by medical malpractice. Under Florida law, the definition of wrongful death is outlined in Florida Statutes Section 768.19, which states that when a person’s death is caused by negligence, a wrongful death lawsuit can be pursued by the deceased’s estate.

Wrongful death claims differ from personal injury cases in that the victims are no longer able to seek justice themselves. Instead, certain family members or representatives must take legal action to hold the responsible party accountable.

Who Can File a Wrongful Death Claim?

In Florida, strict statutes govern who can file a wrongful death lawsuit. Unlike some states, which allow any close family member to file a claim, Florida law specifies that only the personal representative of the deceased’s estate can initiate the lawsuit. This personal representative is usually named in the deceased’s will or estate plan. If no representative is designated, the court may appoint one. Although the personal representative files the lawsuit, they do so on behalf of eligible beneficiaries, which typically include:

• The spouse of the deceased
• Children (including biological and legally adopted children, but not stepchildren unless legally adopted)
• Parents of a deceased  child in non-medical malpractice claims and in medical malpractice claims, parents of the deceased who is under 25 years old
• Parents of an adult child, if no surviving spouse or children exist this is not applicable for medical malpractice
• Blood relatives or adopted siblings who were financially dependent on the deceased

Each eligible beneficiary may receive compensation for medical expenses, funeral costs, loss of companionship, lost income, and emotional suffering.

Steps to Filing a Wrongful Death Lawsuit in Palm Beach Gardens

If you are considering filing a wrongful death lawsuit, the process involves several critical steps. Understanding the legal process is essential because Florida law imposes specific requirements and strict deadlines.

1. Appoint a Personal Representative

The first step is determining who will serve as the personal representative for the deceased’s estate. This individual will file the wrongful death suit for the surviving beneficiaries.

2. Gather Evidence

To build a strong case, evidence must be collected to prove negligence or wrongful action. This may include:

• Police reports
• Medical records
• Witness statements
• Expert testimony
• Financial records demonstrating the loss of income or support

3. File the Lawsuit Within the Statute of Limitations

Florida law allows two years from the date of death to file a wrongful death suit. Missing this deadline can result in losing the right to pursue compensation.

4. Negotiate a Settlement or Go to Trial

Once a lawsuit is filed, the defendant (the responsible party or their insurer) may offer a settlement. If negotiations do not yield fair compensation, the case may proceed to trial, where a judge or jury will determine liability and award damages.

Common Challenges in Determining Eligibility of Filing a Wrongful Death Suit

Even when it seems clear that negligence caused a loved one’s death, several challenges can arise in determining who can file a wrongful death lawsuit and securing compensation:

• Legal Standing Disputes: Only the legally designated personal representative can file the claim. If there are disputes over the deceased’s will or estate, this can delay or complicate the process.
• Proving Negligence: The plaintiff must establish that the defendant’s negligence directly caused the death. This can be difficult in medical malpractice cases, product defects, or multi-vehicle accidents.
• Identifying Eligible Beneficiaries: If multiple family members believe they are entitled to compensation, disputes may arise over who qualifies as a beneficiary under Florida law.
• Statute of Limitations Issues: Many families are unaware that wrongful death lawsuits must be filed within two years. The right to seek compensation may be lost if legal action is not taken in time.

Contact Slinkman, Slinkman & Wynne, P.A. for Legal Guidance

If you have lost a loved one due to negligence and are unsure who can file a wrongful death claim, the experienced Palm Beach Gardens personal injury attorneys at SS&W. can help. We understand the complexities of filing a wrongful death lawsuit in Palm Beach Gardens and will guide you through every step of the process. Contact us today for a consultation, and let us help you pursue justice for your loved one.