Matters are made even worse when the death causes mental and financial anguish to those who remain. A wrongful death lawsuit arises when a death is caused by the conduct or negligence of another party. However, it is unlike other suits in that the wrongful death victim’s family, rather than the victim, files the claim.
Who can sue for wrongful death in Florida?
In a wrongful death suit, surviving family members can bring a claim against the party who wrongfully caused the death of their loved one.
Under the Florida Wrongful Death Act, there is a specific list of loved ones who may sue. Some survivors may sue, regardless of whether they were dependent on the deceased person. In Florida, this includes the following parties:
- Decedent’s spouse
- Decedent’s children
- Decedent’s parents
The goal of a wrongful death suit is to shift the losses of death from the family to the wrongdoer. Therefore, other family members may also sue if they were at least partly dependent on the person who passed away. This includes the following parties:
- Decedent’s blood relatives
- Decedent’s adoptive siblings
- If decedent was a mother, any children born out of wedlock
- If decedent was a father, children born out of wedlock only if the father had a recognized responsibility for the child’s support
These parties are permitted to recover damages because they were harmed by decedent’s death.