Who Can File a Florida Wrongful Death Claim?

Florida Wrongful Death Claim Eligible Decedents

Losing a loved one is one of the more significantly distressing events that someone can experience and comes with a high degree of emotional pain. Not only does losing a loved one cause emotional anguish but often can come with more tangible consequences that affect their loved one’s livelihoods and quality of life since they are now gone. In many cases, people will have a loved one pass away in an accident that was caused by the negligence of certain liable parties. This wrongful death deserves compensation but can often pose the question of who exactly is able to pursue this compensation.

Wrongful Death Compensation Through Wrongful Death Claims

Civil tort allows for those in a situation where a loved has passed away in an accident caused by another party’s negligence to seek compensation through a wrongful death claim. A wrongful death claim works by having a claimant attempt to reach a settlement with a party liable for the accident by showing the carefully calculated damages they suffered and proof of that party’s negligence that contributed to the accident. After negotiations are made, both party’s may agree on a settlement that they feel is fair but should a settlement not be reached then the case can go to trial where the matter of fair compensation will be decided by a jury.

Florida wrongful death claims come with a number of details and needs that can be overlooked by someone attempting to handle the case on their own. These mistakes can be taken advantage of by those on the other side of a wrongful death claim and can reduce the value you of a settlement that you may receive. Consider Eberst Law for your legal representation when you are seeking compensation after the death of a loved one. Our attorneys specialize in handling cases where people have lost loved ones to accidents caused by negligence and are eager to speak to you about how they can improve the value of your claim. To contact Eberst Law either call our office at 772-225-4900 or contact us online.

Who Cannot File a Wrongful Death Claim?

Before clarifying who exactly can file a wrongful death claim after a loved one passes away because of an accident, it is important to know who absolutely cannot make a wrongful death claim. Those who are not related to the decedent and/or those who were not dependant on the decedent for support and services are typically not able to file a wrongful death claim. Wrongful death lawsuits cannot be filed on behalf of the parents of an adult child that passed away when they still have a living spouse. Also, wrongful death lawsuits can also not be filed on behalf of an adult child when the decedent has a living spouse or minor children.

Wrongful death lawsuits deal with deaths that were the result of accidents caused by the negligence of a liable party. Deaths that are the result of natural causes or deliberate acts on the decedents part cannot be compensated through a wrongful death claim.

Who Can File a Wrongful Death Suit?

The decedent’s children: The surviving children of a decedent may file a wrongful death claim. These children may be minors or any of the children in the case that there is no surviving spouse. Children may sue for damages such as loss of parental companionship, instruction, and guidance among other common damages.

The decedent’s spouse: A decedent’s surviving spouse may be able to file a wrongful death claim to recover compensation for damages such as lost support and services from the time of death and the projected future.

The parents of a deceased minor child: Parents can seek compensation for the damages caused by their minor child’s death in the form of pain and mental anguish caused by the loss.

The parents of a deceased adult child: When an adult child does not have a spouse or any children then the parents of that decedent may file the wrongful death claim.

Blood relatives or adoptive siblings: If a blood relative or adoptive sibling relied on the decedent for support and services then they may be able to file a wrongful death claim.

The survivor responsible for death expenses: If someone is responsible for the decedent’s burial and funeral expenses then they may seek compensation through a claim as well.

Consider Eberst Law as Your Wrongful Death Attorney

If you have had a loved one who has passed away as a result of a fatal accident caused by negligence, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering caused by the loss of a loved one. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.

Our lawyers understand just how sensitive this time can be and have experience handling wrongful death cases with a delicate touch. Don’t try to handle your wrongful death on your own. Enlist the assistance of the experienced attorneys at Eberst Law to ensure that your wrongful death claim stands the best chance possible at getting you the compensation that you deserve.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601


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Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

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