An unmarried partner generally cannot file a wrongful death claim in Fort Lauderdale. In Florida, only the personal representative of the decedent can file a claim or lawsuit on behalf of the estate. Beneficiaries of a wrongful death case may include the deceased person’s spouse, children, parents, and/or other dependent blood relatives.
If you would like to learn more about who qualifies to file a claim after a loved one’s death in Florida, a Fort Lauderdale wrongful death attorney from our firm can answer your questions and walk you through the legal process.
What Is a “Personal Representative”?
When an individual creates a last will and testament, they will usually name a personal representative (or estate executor) to manage and distribute their property and assets after their death according to the instructions in their will.
In the event of a negligence-based death, the decedent’s personal representative has a legal right to file a wrongful death claim on behalf of the deceased person’s legal beneficiaries.
If the decedent doesn’t have a will, the court will appoint an executor for their estate, usually a close family member such as a spouse or adult child.
Who Gets the Money in a Wrongful Death Claim in Fort Lauderdale?
While the decedent’s personal representative files a wrongful death claim on behalf of the estate, that doesn’t mean they get all the money resulting from a settlement or court judgment.
According to the Florida Wrongful Death Act (Florida Statutes § 768.21) beneficiaries of a wrongful death legal claim generally include the decedent’s:
- Spouse
- Minor children
- Adult children (if there is no living spouse)
- Parents (if the decedent is a minor child or there is no living spouse or children)
- Legal dependents (by blood or adoption)
What if I’m Listed As a Beneficiary in the Decedent’s Will?
Florida’s Wrongful Death Act determines how a wrongful death settlement or court award distributed, regardless of what is contained in the decedent’s will. So even if the decedent included an unmarried domestic partner or fiancé(e) in their will, this individual does not qualify to recover wrongful death compensation under Florida’s Wrongful Death Act. The estate executor will execute the will separately from the wrongful death claim.
What Do Fort Lauderdale Wrongful Death Damages Cover?
Wrongful death damages in Florida generally include the following:
- Lost income: Wrongful death beneficiaries can recover lost income the decedent would have earned from the accident date to their retirement if they had not met an untimely death because of someone else’s negligence.
- Medical expenses: Compensation can cover medical bills the decedent left behind because of their injuries.
- Mental and emotional pain and suffering: Surviving spouses and minor children can recover financial compensation for the pain and suffering they experience because of the decedent’s injury and death. Compensation may also be awarded for the pain and suffering the decedent experienced before death.
- Lost services: Beneficiaries may recover compensation for household services the decedent provided, such as home and yard maintenance.
- Final expenses: Wrongful death compensation typically covers funeral and burial expenses.
- Loss of companionship: Surviving spouses and minor children can claim fair compensation for their loss of the decedent’s companionship, guidance, and support.
The value of a wrongful death claim will depend on several factors, including the financial expenses their family incurred because of their passing, their lifetime earning potential, and whether the court awards punitive damages.
How Long Does the Personal Representative Have to File a Wrongful Death Lawsuit in Florida?
The decedent’s representative generally only has two years to file a wrongful death lawsuit in Fort Lauderdale, according to Florida Statutes § 95.11.
If the statute of limitations expires before the executor takes legal action, they may lose the ability to recover wrongful death compensation through the legal process.
How Can a Fort Lauderdale Wrongful Death Lawyer Help You?
With 75 years of combined experience and a track record of winning, the Law Offices of Wolf & Pravato handles complex and difficult personal injury and wrongful death cases while treating clients like family. If you choose to obtain legal services from our Fort Lauderdale personal injury lawyers you can expect:
- Caring, compassionate, and attentive staff
- Responsive and prompt communication
- Devotion of our time to ensure you understand your legal options and situation
- Representation in court, if necessary
Our personal injury law firm has won over 5,000 personal injury cases, recovering over $200 million for clients. Our client testimonials offer first-hand accounts of our dedication to victims and their families.
Contact a Fort Lauderdale Wrongful Death Lawyer to Learn About Your Options for Recovering Compensation Today
To learn more about your wrongful death lawsuit eligibility after the negligence-based death of a loved one, please contact our legal team at the Law Offices of Wolf & Pravato for a free legal consultation.
