When a person dies due to the wrongful or negligent actions of another, surviving family members may have the right to seek compensation for emotional and financial losses resulting from the death. However, it often takes a lawyer’s help to determine which family members are eligible to file a wrongful death claim and the types of damages they can recover.
In Florida, the personal representative of the deceased person’s estate files a claim on behalf of all eligible family members. The law firm of Dolan Dobrinsky Rosenblum Bluestein, LLP, in Miami, Florida, offers a free initial consultation to determine if you are eligible to file a claim.
Under Florida law, any blood relative or adopted child who was fully or partially dependent on the deceased person for services or support is entitled to seek damages for loss of those services or support. Services generally include household services performed by the deceased. Support includes money and other contributions.
The following family members are entitled to seek compensation for additional damages, such as emotional pain and suffering:
· The deceased person’s spouse
· The deceased person’s children under the age of 25, including adopted children
· Children under the age of 25 born out of wedlock to a deceased mother
· Children under the age of 25 born out of wedlock to a deceased father, if the father established paternity and was obligated to pay child support
· Parents of a deceased child under age 25
· Parents of a deceased child over age 25 if there are no other survivors
· Adult children of the deceased if there are no other survivors
· Siblings of the deceased, including adoptive siblings, if there are no other survivors
In most cases, eligible dependents have up to four years from the date of their family member’s death to file a wrongful death claim. While the deadline may be extended under certain circumstances, it’s important to contact a lawyer as soon as possible so you won’t lose your right to seek compensation.
The law firm of Dolan Dobrinsky Rosenblum Bluestein, LLP represents people in the Miami-Dade area and throughout Florida who have lost family members due to the negligence of another due to auto accidents, medical malpractice, negligent security and other types of negligence.