Who Can File a Wrongful Death Claim in Florida after the Loss of a Child? - Plata Schott Law

The sudden loss of a child due to negligence can be devastating. Legal questions often arise during this difficult time,and understanding who can file a wrongful death claim in Florida is an important first step. Here at Plata Schott Law, our empathetic attorneys in Florida guide grieving families through this complex process.

Who Can File a Wrongful Death Claim?

Florida Statute § 768.18 specifies who has the legal standing to file a wrongful death lawsuit. In most cases, the following individuals can bring a wrongful death claim:

  • Surviving Spouse: A spouse who was married to the deceased at the time of their death.

  • Children: Biological or legally adopted children of the deceased.

  • Parents: Biological or adoptive parents of the deceased, if there is no surviving spouse or children.

Understanding the Role of a Personal Representative

While the individuals listed above can be beneficiaries of a wrongful death claim, the lawsuit itself is usually filed by a personal representative appointed by the court. As outlined in Florida Statute § 768.20, this representative is responsible for managing the estate of the deceased, including pursuing legal claims like wrongful death lawsuits. This role is typically taken by the decedent's spouse, adult child, or another close family member. At Plata Schott Law, we can assist you with navigating the probate process and appointing a qualified personal representative for your case.

Additional Considerations

  • Dependence: In some cases, Florida law may allow others who were financially dependent on the deceased to file a claim. However, these situations are complex and require careful legal evaluation.

  • Wrongful Death of a Minor: When a minor child dies due to negligence, the parents or legal guardian can typically file a wrongful death lawsuit.

Seeking Experienced Legal Guidance

Understanding who can file a wrongful death claim and the role of a personal representative is just one aspect of navigating this challenging legal process. Plata Schott Law's experienced and compassionate attorneys are here to answer your questions, explore your legal options, and advocate for fair compensation on your behalf.

Contact Plata Schott Law Today

If you have lost a child due to someone else's negligence, please don't hesitate to contact our experienced Florida attorneys for a free consultation. We can guide you through your legal rights, assist with the probate process, and explore potential compensation options.