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Understanding Wrongful Death Lawsuits In Florida

Individuals every day lose their lives in countless accidents caused by negligent physicians, auto accidents and defective products.

Fortunately, when someone dies due to the negligence or the inaction of another party, legal recourse options such as filing a wrongful death lawsuit is available. It is similar to a personal injury lawsuit, as the incident is caused by the wrong doing of another.

However, it is quite obvious that the deceased cannot file a wrongful death lawsuit. So, the family must be the one to do so. But the law does not allow any person of the family to make the claim.

Who Is Allowed To File A Wrongful Death Claim?

Given the number of family members of the deceased, the law stipulates a specific “order of claimants,” or those who can file a wrongful death lawsuit first.

  • First in line: The law first allows spouses, life partners and financial dependents to sue for wrongful death.
  • Second in line: If the decedent has no spouse, life partner or dependants, his or her parents may file a wrongful death lawsuit.
  • Third in line: If the deceased has no spouse, partner, children or living parents, the siblings and/or their children are authorized to file suit.
  • Fourth in line: The next order of claimants is the deceased’s grandparents and their descendents such as the victim’s uncles or aunts.


There are exceptions, however, to the above order. Some states allow ANY person who suffers financially from the loss of the victim to sue for wrongful death. Also, if the victim was a guardian of a minor, the minor may file the case of wrongful death if he or she was cared for by the victim and lived with the victim for at least 180 days.

Skilled, Experienced Legal Representation To Handle Your Wrongful Death Case

Claiming a wrongful death suit requires a trial attorney to provide sufficient evidence that the other party’s misconduct or negligence caused the death.

At Rosenthal, Levy, Simon & Sosa, our team of lawyers has over 30 years of experience helping South Florida family members in similar situations successfully recover compensation they need to move forward. Losing a family member is difficult enough; not having the financial means to move forward adds to the stress you are facing. Let us help you.

Contact Us. Free Consults.

If you suspect your loved one was a victim of wrongful death, reach out to us. Call 561-810-1215 today.

Learn more about the different types of wrongful death benefits available.

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