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wrongful death lawsuit in florida

The passing of a loved one is always a painful and difficult experience. Coping can be even more challenging when you believe that the death was preventable. If your loved one passed away due to the negligent or intentional behavior of another person or party, you might be eligible to file a wrongful death lawsuit in Florida. 

Filing a lawsuit while in the midst of mourning your loss may seem like a daunting task. The compassionate wrongful death attorneys at Barrett Nonni Homola & Ferraro understand how difficult this time can be. We specialize in Florida wrongful death and personal injury cases and are here to guide and support you through this process as we help you obtain the compensation you are entitled to. 

Though no monetary amount can ever make up for the loss of your loved one, the reality is that you have financial needs. A successful Florida wrongful death lawsuit may also help you find closure and a sense of justice.

Please call (850) 601-1111 or send us an online message for a free consultation.

Who Can File a Wrongful Death Lawsuit in Florida?

Wrongful death in Florida can only be filed by the personal representative of the deceased person’s (decedent’s) estate. The representative may be named in the will or estate plan. If the decedent did not name a representative, the court would appoint one.

Any compensation recovered in the Florida wrongful death lawsuit is paid to the estate for the benefit of survivors and dependents. The personal representative must list every survivor with an interest in the estate and the legal right to claim a portion of the damages recovered. 

Who Are the Beneficiaries?

Under the Florida wrongful death law, only certain relatives are considered beneficiaries. 

These include:

  • The surviving spouse, 
  • Children under the age of maturity, 
  • Parents of a minor child, 
  • Dependent family members, and
  • Children of unmarried parents (father must be formally recognized).

These beneficiaries are people who are directly impacted by the death of their loved ones. If you are concerned about whether you qualify as a beneficiary, Barrett Nonni Homola & Ferraro can help. 

What Damages Are Available in a Florida Wrongful Death Lawsuit?

If you are filing a wrongful death lawsuit in Florida, you may be able to recover compensation for a variety of personal injury damages. Allowable damages might include those sustained by the decedent and your own personal losses. 

Damages might include:

  • Funeral and burial expenses,
  • Expenses for medical treatment incurred because of the accident, 
  • The decedent’s pain and suffering before death, 
  • Loss of future income that would have supported the beneficiary,
  • Loss of household services and help,
  • Other financial hardships because of reduced family income, and
  • Loss of consortium or guidance. 

Some of the damages will relate specifically to your relationship with the decedent and the unique circumstances of their passing. 

Contact Us Today

Navigating the legal system is difficult at best. The attorneys at Barrett Nonni Homola & Ferraro have over 40 years of combined experience serving Florida communities.

We pride ourselves on treating each client with compassion and providing zealous representation. What you are going through is heartbreaking. We are here to fight on your behalf so you can focus on healing. Contact us online or call (850) 601-1111 today for your free case evaluation.

Author Photo

Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.

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