Who Can File A Wrongful Death Claim In Florida

At Dolan Dobrinsky Rosenblum, LLP in Miami, our lawyers represent people throughout South and Central Florida who have lost loved ones as the result of another person's negligence or wrongful actions. The following provide answers to questions we often receive from family members of wrongful death victims.

When Can A Family Member File A Wrongful Death Claim?

You can file a wrongful death claim if your family member's death was caused by another person either deliberately or as a result of negligence.

Examples include:

  • A motor vehicle accident that was caused in whole or in part by another person
  • A death in a hospital or nursing home that was caused by malpractice, a prescription drug error or fall
  • A death that occurred on someone else's property due to an unsafe property condition
  • Death from an assault at a hotel or resort that was caused by negligent security

Who Can File A Wrongful Death Claim?

Under Florida law, the survivors of the decedent can file a wrongful death claim, including:

  • The spouse of the deceased
  • Children and adopted children of the deceased
  • Parents of the deceased
  • Other blood relatives who were wholly or partly dependant on the deceased for services or financial support

Different family members have different recovery rights. Learn more about the types of compensation family members can recover.

In Florida, the personal representative of the estate files a wrongful death claim on behalf of all eligible survivors.

For More Information About Wrongful Death Claims

We offer a free initial consultation to determine if you are eligible to file a wrongful death claim. Call 786-401-4708 or complete our contact form to talk to an attorney. We can come to your home if it would be difficult for you to travel.