Personal Injury Law

Florida's Wrongful Death Statute - Who is eligible to collect?

By LaBovick Law

Seeking damages for wrongful death in the state of Florida can be a tricky proposition. Although wrongful death suits in some states are decided entirely by juries, the Florida legislature has outlined specific guidelines concerning who is eligible for compensation in the event of a wrongful death. These guidelines are enumerated in the Florida Wrongful Death Act, which is outlined in Florida statutes 768.16 through 768.26. Specific information about who will be entitled to damages in the event of a wrongful death can be found in statute 768.21. However, there are several surprising exclusions within that statute.

Who is Eligible and What is Recoverable?

As highlighted in Florida statute 768.21, there are very specific guidelines concerning who is eligible for compensation in the event of a wrongful death in the state of Florida. A wrongful death refers to an accidental death that has been caused by someone else's negligence. The responsible party may be an individual or a corporation. When such a death occurs, a personal representative of the decedent may hire a wrongful death attorney to seek damages. The personal representative is typically a surviving family member. In addition, the estate of the decedent may be able to recover damages in certain cases.

A Fair and Balanced Statute - Or Is It?

Within statute 768.21, specific information regarding who is entitled to damages in the event of a wrongful death is outlined. At first glimpse, the Florida Wrongful Death Statute reveals a fairly balanced list. It outlines how surviving spouses, parents and children are deemed eligible for compensation when a wrongful death occurs. With the  help of an attorney,  those individuals may go to court to try and recover damages due to a wrongful death. There are a few gaping holes in the statute, though, that excludes some survivors from receiving damages.

Surviving Parents and Adult Children are Excluded by Florida's Wrongful Death Act

In Section 3 of the Florida Wrongful Death Statute 768.21 adult children of a decedent are excluded from seeking damages, if the decedent has a surviving spouse. In Section 4 of the Wrongful Death Statute, surviving parents are excluded from seeking damages, if the decedent has a surviving spouse and/or children. In Section 8 of the Wrongful Death Statute there are several exclusions for cases of medical negligence. In the case of a loss of a parent through medical negligence, adult children may not seek damages; in the case of a loss of an adult child due to medical negligence, surviving parents may not seek damages.

Full post as published by LaBovick Injury Law Blog on December 20, 2010 (boomark / email).