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Who Has the Right to Seek a Wrongful Death Claim in Florida?

Under Florida law, it is possible to seek a wrongful death claim if negligence or recklessness has led to a fatality. These types of legal claims usually result from car accident cases, medical malpractice cases in Homestead and Florida, or other situations where a liable party has contributed to a fatality.

Not everyone can file a wrongful death claim, however. In most cases, the plaintiff is a spouse or family member responsible for final medical expenses and other costs related to the fatality. In most cases, the plaintiff is an immediate family member who will also suffer damages because of the fatality, often because they have lost a family member who was making financial contributions to the household. Siblings, parents, children, and spouses are most often the plaintiffs who file wrongful death claims. However, if you think you may have a claim, it is important to speak with a personal injury attorney to find out whether you qualify.


Liable parties who can be sued in a wrongful death claim include anyone whose negligence, wrongful act, or recklessness contributed to the death. Liable parties can include:

•A doctor or medical professional who was negligent
•Another individual
•A company or corporation
•A manufacturer of a defective
Depending on the specifics of a case, there may be multiple liable parties. This may be able to help plaintiffs secure fair, full compensation for their injuries and for a range of damages, including:

•Final medical bills
•Loss of companionship
•Loss of financial support and other services
•Pain and suffering
•Memorial or funeral expenses
Under the Florida Wrongful Death Act (Section 768.21), a survivor “may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death.” A personal injury attorney in Homestead or Florida can help a grieving family determine whether they have a claim and can seek out the cause of a fatality. This can help a family decide whether to file a wrongful death claim in Homestead and can help determine what can be done. In many cases, they can also help evaluate how much a claim may be worth.

Of course, many families who are grieving after losing a family member are not thinking about legal matters due to the immense grief and trauma of the situation. However, it is important to consider financial and legal matters as well. If the person who has passed away had children, especially, seeking fair compensation can help those children have the financial resources needed for schooling and other important areas. Pursuing compensation is a way of pursuing justice and holding those liable accountable for negligence and recklessness. It is also a way to secure financial support for a family so that a family can focus on healing.

If you need to speak with a personal injury attorney today, feel free to contact Flaxman Law Group for a free accident consultation. Out attorneys cannot turn back the hands of time, but we can aggressively fight for your rights so that you can seek justice and can focus on healing. Our full-service law firm can handle all the legal details so that you can focus on your family. Your initial consultation with our compassionate legal team is free and comes with no obligation.

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