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Who Can File a Wrongful Death Claim?

wrongful death claimAfter suffering the unimaginable loss of a loved one due to a wrongful death incident, you may be left wondering what you can do to bring justice for the deceased and the rest of your family who now grieve their loss. In the state of Florida, it is important to understand what your legal options are in relation to your family member’s wrongful death case. Only the personal representative of the decedent’s estate is legally eligible to file a wrongful death claim. To learn more about whether or not you are eligible to file a claim and pursue justice after your loved one’s untimely passing, contact one of our Florida wrongful death lawyers

Eberst Law is a Florida law firm helping clients who have lost a family member to wrongful death pursue the justice they deserve. Our team of trusted attorneys understand that the idea of taking legal action in the midst of your grief may seem overwhelming. However, you do not need to go through the process of pursuing justice alone. We are dedicated to ensuring our clients are able to build a strong wrongful death claim and pursue the compensation they are owed for their unimaginable loss. 

Who Is Eligible to File a Wrongful Death Claim in Florida?

In Florida, not just anyone is eligible to file a wrongful death claim. The only party who may file a wrongful death claim is the personal representative of the decedent’s estate. The personal representative is named in the deceased’s will or estate plan in most cases. However, sometimes, there is not a will or estate plan. In these cases, the probate court will appoint a personal representative who will be able to file the wrongful death claim. In most cases, this party will be the surviving spouse of the deceased.

While Florida wrongful death claims can only be filed by the personal representative, any compensation that is awarded from the claim is paid to the victim’s estate for the benefit of any survivors or dependents. When filing a wrongful death claim, the personal representative will need to list each survivor who may have an interest in the case and could legally claim a portion of any awarded compensation. Any amount recovered in damages will be distributed according to Florida’s inheritance laws, ensuring that the decedent’s family members do not bear the financial brunt of their loss and are provided for. To better understand whether you are eligible to file a wrongful death claim, contact a trusted Florida lawyer today.

What Family Members Can Recover Compensation From a Florida Wrongful Death Claim?

When filing a wrongful death claim, certain family members of the decedent may be eligible to recover compensation awarded. Despite the fact that they may not be the personal representative of the estate, they are still entitled to compensation if they are surviving family members or dependents of the deceased individual. While no amount of money could ever make up for you and your family’s unimaginable loss, it is important that you do not bear the financial burden of their death.

The family members who can recover compensation from a wrongful death claim are as follows:

  • Surviving spouse
  • Children
  • Surviving parents
  • Dependent family members
  • Children of unmarried parents

To ensure you are able to recover the compensation you are owed after losing a loved one to wrongful death, contact a trusted lawyer today.

How Eberst Law Can Help With Your Florida Wrongful Death Claim

Losing a family member to wrongful death is a tragic and overwhelming experience. At Eberst Law, we understand the emotional and financial strain this can place on a family. Our team of dedicated attorneys is committed to helping you navigate the complexities of wrongful death claims in Florida. We work tirelessly to ensure you build a strong case, seeking the maximum compensation available to provide for your family’s future.

Choosing Eberst Law means working with a team that values clear communication and timely support. Our reputation within the community and our proven track record with insurance companies underscore our commitment to achieving favorable outcomes for our clients. If you have lost a loved one due to wrongful death, contact us today at (772) 225-4900 or through our contact form.

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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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