According to Florida law, a personal representative of the deceased estate can file a wrongful death claim. If such a person does not exist yet, the court will appoint one. Usually a personal representative of the estate is a family member of the deceased, however this is not mandatory.
Damages for Wrongful Death Lawsuits
According to Florida Statutes section 768.21 common damages that can be recovered in a wrongful death claim include but are not limited to:
- Medical expenses
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned
- Loss of support, companionship and guidance
- Mental and emotional pain
Any compensation recovered will be distributed among certain family members and the deceased’s estate regardless of who filed the claim.
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