• How do we commence a wrongful death action? In Florida, wrongful death actions must be commenced by the deceased’s personal representative. The personal representative files the action on behalf of the deceased’s estate and any eligible surviving family members.
  • Who is entitled to recover under Florida’s wrongful death statute? Family members who are eligible to recover compensation under Florida’s wrongful death statute include: the decedent’s spouse, children, parents, and dependent blood relatives or adopted siblings.
  • What type of accident can lead to wrongful death? Any accident that can support a personal injury claim can also support a claim for wrongful death. This includes vehicle collisions, pedestrian and bicycle accidents, construction accidents and premises-related accidents.
  • How is the allocation of damages determined in a wrongful death action? In a wrongful death case, damages are generally awarded to each family member based upon his or her own actual losses, and any damages awarded to the estate are distributed according to the decedent’s estate plan or the law of intestate succession. However, there are several specific (and complicated) rules, and to understand your rights you will need to speak with an experienced attorney.