Families that suddenly lose a member often want justice. Not every premature death results in criminal prosecution. Sometimes, the state doesn’t have enough evidence to justify bringing charges against a person or business for causing someone’s death. Those left behind may need to take action in pursuit of justice.
The civil courts may provide a path toward justice and closure in cases where there is clearly one party at fault for a tragedy. Wrongful death lawsuits can lead to the courts validating one party’s responsibility. They can provide economic justice based on the practical consequences of an individual’s premature passing. If the lawsuit is successful, the individual or business at fault for a tragedy may have to provide economic compensation to those affected by a preventable death.
Wrongful death lawsuits can be useful in addition to or instead of criminal prosecution. However, not everyone has the option of asking the civil courts to intervene after a tragedy. Who can file a wrongful death lawsuit under current Florida statutes?
Only one party can take legal action
Numerous people may feel the impact of someone’s premature death, but typically only one party has the authority to take action in the civil courts. Under current Florida statutes, the personal representative of the deceased person’s estate can initiate a wrongful death lawsuit. They can request compensation for economic and non-economic losses related to the tragedy.
If the lawsuit proves successful, the personal representative can use the compensation obtained to cover probate costs. The personal representative can also distribute any remaining proceeds among the immediate family members who experienced economic consequences because of the tragic scenario that led to litigation.
Spouses and dependent children are often the main beneficiaries of successful lawsuits. Typically, wrongful death litigation is only a viable option when there is evidence supporting the claim that a business or individual caused a tragic situation through negligence or misconduct.
Reviewing a situation that led to a tragic passing – with the assistance of a skilled legal team – can help people determine whether a wrongful death lawsuit might be an option for their family. Those who want justice may need to act quickly to preserve their right to take action in the civil courts after the death of a loved one.