Mon 26th Aug | 2019

Who Can Bring a Wrongful Death Lawsuit in Florida?

Negligence Cases Wrongful Death BY

If your loved one’s death was directly caused by a careless individual, it can be even more painful and traumatic to deal with your continuing grief – and you may find yourself wanting to take strong legal action against the responsible party.

Our skilled legal team in West Palm Beach is dedicated to helping you hold the right party accountable for your loss, and to ensure that no one else has to suffer the consequences of their negligence. Our legal team can help you understand when you have a wrongful death case, and then pursue that case with the compassion and persistence you deserve.

Eligibility for a Wrongful Death Claim

In order to prove a wrongful death claim, you need to show that negligence took place. Similar to a personal injury case, it must be clear to the judge or jury that the defendant had a “duty of care” owed to your loved one, and that the violation of that duty led to their death. This could be true in any number of situations, from a distracted driver who caused an auto accident to a physician who failed to diagnose a life-threatening condition.

Unlike a personal injury claim, however, not just anyone can bring a wrongful death lawsuit. Under the Florida Wrongful Death Act, the following individuals can bring a wrongful death claim:

  • Surviving spouse
  • Parents (if there is no surviving spouse)
  • Children under the age of 25 (including legally adoptive children)
  • Dependent blood relatives

Do You Have a Wrongful Death Lawsuit?

Of course, even if you qualify as one of the possible plaintiffs for a wrongful death lawsuit, it can be difficult to determine if negligence played a role in your loved one’s death. Here at Clark, Fountain, La Vista, Littky-Rubin & Whitman, we can apply our years of experience to your case, and uncover who was responsible for your loved one’s passing. As seasoned trial attorneys, you can rest assured that we’ll strive to pursue justice and take the case as far as possible.

Call 561-899-2100 for a free consultation. There’s no fee unless there’s a recovery in your case.