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Who Can File a Wrongful Death Lawsuit? | Law Offices Of Fred Tromberg

Losing a loved one is never easy, leaving you filled with overwhelming emotions; navigating the process of grief can be challenging, especially if the negligence of a third party caused your loved one’s death.

What Is Wrongful Death?

Wrongful death occurs when an individual dies due to the negligent actions of another person. A wrongful death lawsuit is a civil lawsuit, different from a criminal lawsuit. There are many different ways a wrongful death case can arise; medical malpractice, defective products, motor vehicle accidents, nursing home abuse, etc.,

No matter the cause, the emotional and financial burden remains when you lose a loved one; it may be difficult to accept, even more so if it could've been prevented.

Filing a Wrongful Death Lawsuit in Florida

Each state has different statutes regarding who is allowed to file a wrongful death lawsuit. According to Florida Statutes, the statute of limitations to file a wrongful death claim in Florida is two years of the date of death. Florida’s Right to Action Legislature under statute section 768.19 states that when the wrongful act causes the death of a person, negligence, default, or breach of contract, the estate of the person who passed is entitled to file a civil lawsuit in court for wrongful death.

Who Can File a Wrongful Death Claim?

According to Fla. Stat. § 768. 20, Florida Law requires a personal representative of the deceased person’s estate to file a wrongful death claim. The personal representative is filing the claim on behalf of the surviving family members; the personal representative must list all the potential beneficiaries when filing the wrongful death claim.

Contact a Wrongful Death Lawyer In Jacksonville

Law Offices of Fred Tromberg has over 80 years of collective legal experience, helping families recover from the wrongful death of a loved one. If your loved one passed due to another person’s negligence, we can help seek justice in their name. Contact us today at (904) 297-2063 to schedule a free case consultation.