New Port Richey Wrongful Death Lawyers

Who Can File a Wrongful Death Claim in Florida?

Florida’s wrongful death laws specify who may bring a lawsuit and how the claim must be filed. In most situations, the wrongful death case is filed by the personal representative of the deceased person’s estate. This personal representative acts on behalf of the estate and certain surviving family members.

Individuals who may be eligible to recover damages through a wrongful death claim may include:

• Surviving spouse
• Children of the deceased
• Parents of the deceased
• Other relatives or dependents who relied on the individual for financial support or services

Because these cases involve both estate matters and personal injury law, determining how a wrongful death claim should be structured can require careful legal analysis. Our attorneys help families understand these requirements and guide them through the process.

Damages That May Be Available in a Wrongful Death Lawsuit

The loss of a loved one can create both emotional and financial challenges for surviving family members. Florida law allows certain damages to be pursued in wrongful death cases to address these losses.

Depending on the circumstances of the case, damages may include compensation related to:

• Medical expenses incurred prior to death
• Funeral and burial costs
• Loss of the deceased person’s income and financial support
• Loss of companionship, guidance, or protection
• Emotional pain and suffering experienced by surviving family members

The specific damages available in a case may vary depending on the relationship between the deceased individual and the surviving family members, as well as other legal considerations.

Florida Survival Actions

In some situations, a related legal claim known as a survival action may also apply alongside a wrongful death case. A survival action allows certain claims that belonged to the deceased person before their death to continue through the estate. 

For example, if the deceased individual experienced pain and suffering, or other damages between the time of the injury and their passing, those damages may be addressed through a survival action.

These claims are handled through the estate and are separate from the damages that surviving family members may pursue in a wrongful death lawsuit. Because wrongful death and survival actions can involve overlapping legal issues, our attorneys help families evaluate whether both types of claims may apply.

Florida’s Wrongful Death Statute of Limitations

Like other civil claims, wrongful death lawsuits are subject to time limits under Florida law called statutes of limitations. In many cases, Florida law provides two years from the date of death to file a wrongful death lawsuit. If a claim is not filed within the applicable time frame, the opportunity to pursue the case in court may be lost.

Certain circumstances may affect how this deadline is calculated, which is why it can be helpful to speak with an attorney sooner rather than later. Early legal guidance can also help preserve important evidence that might have become more difficult to find later on.

Put 300+ Years of Experience to Work for You

The loss of a loved one due to someone else’s negligence can leave families facing profound grief and uncertainty about the future. While the legal process cannot undo what has happened, it may provide a way to address financial losses and pursue accountability.

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, our attorneys approach wrongful death cases with both compassion and experience. With a firm history dating back to 1955 and more than 300 years of combined legal experience, we have helped many families navigate complex and sensitive claims, and we would be honored to help you, too.

Call (727) 755-0810 for a free consultation with our New Port Richey wrongful death attorneys.