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Who Can File a Wrongful Death Claim in Florida?

Wrongful death claim form

In the event of a personal injury claim where the victim passes away from their injuries, the surviving family members may make the decision to follow through with a wrongful death claim. In the state of Florida, only the identified personal representative can proceed with the actual claim. This individual is responsible for filing the claim themselves or for hiring an attorney to help with the process. 

McPherson & Thomas, P.A. has a team with the compassion and knowledge necessary to help with your wrongful death claim. We deeply understand the inherently sensitive nature of the process and will use every resource available to help the surviving family and friends bring the case to justice. 

Who Can File a Wrongful Death Claim in Florida? 

The Sunshine State currently allows only the personal representative of the deceased party to file a wrongful death claim. This title is usually identified in the victim’s last will and testimony. If the victim dies intestate, or without a will, Florida statutes outline an order of preference for potential candidates, including: 

  • Surviving spouse
  • Person selected by a majority
  • An heir nearest in degree (relationship to the deceased)

Your attorney can help you take the necessary steps to identify a surviving family member or friend as the personal representative so they may pursue the wrongful death claim. 

How an Attorney Can Help Your Claim

In addition to helping identify a qualified personal representative, your attorney can help guarantee your family gets the best possible outcome for the deceased’s wrongful death claim. While your family focuses on recovering and healing, an attorney will work diligently behind the scenes on the following: 

Collecting and Assessing Evidence

As with any other personal injury claim, you will need to demonstrate the wrongful death was a direct result of the at-fault party’s negligence. This is done by collecting and assessing relevant evidence, such as photographs, video footage, eyewitness testimony, professional testimony, medical records, and more. 

Establish Liability

Using the gathered evidence, the four components of negligence will be demonstrated. This includes duty of care, breach of care, causation or link, and the resulting injuries and damages. 

Fighting for a High Settlement

When you file a claim without the support of a knowledgeable attorney, you are putting yourself at risk of receiving a low settlement offer. This can be for a wide variety of reasons, including not fully demonstrating the scope of loss or not including all necessary documentation. Your attorney from McPherson & Thomas, P.A. will fight so that not only is your low settlement reevaluated but that you are offered compensation worthy of your hefty losses. 

Florida currently has a two-year statute of limitations for filing a personal injury or wrongful death claim, which means you have two years from the date of the passing to file all necessary paperwork. Don’t try to navigate a legal claim while mourning the loss of a family member. McPherson & Thomas, P.A. is here to do the fighting for you. 

Need Help? McPherson & Thomas, P.A. Can Help With a Wrongful Death Claim

For over 25 years now, McPherson & Thomas, P.A. has lent his expertise and knowledge to the Florida community and helped them get the financial compensation and justice they’re owed. With hundreds of thousands of dollars won for previous clients, we invite you to schedule a free case evaluation with an actual attorney today. 

To start the process and speak with a dedicated and compassionate attorney, please use our contact form or call (727) 848-8892.

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