Who Can File a Wrongful Death Claim in Fort Lauderdale?

Experiencing the loss of a loved one is never easy, especially when that loss is due to someone else’s negligence or intentional actions. In Fort Lauderdale, Florida, wrongful death claims can help survivors seek justice and compensation for their losses. But who exactly has the right to file such a claim? In this blog post, we’ll explore the people eligible to file a wrongful death claim, the steps to take, and the evidence needed to support your case.

Understanding Wrongful Death Claims

A wrongful death claim arises when a person dies due to the wrongful act or negligence of another. This type of claim allows the deceased’s family members to seek financial recovery for their emotional and financial suffering. In Florida, the law is specific about who can file a wrongful death claim.

Who Can File a Claim?

In Florida, the following individuals are typically eligible to file a wrongful death claim:

Surviving Spouse: The spouse of the deceased has the first right to file a wrongful death claim.
Children: If there is no surviving spouse, the deceased’s children can file the claim. This includes biological and legally adopted children.
Parents: If the deceased is an adult with no spouse or children, the parents can file a claim.
Siblings: In some cases, siblings may file a claim if there are no other eligible family members.

Steps to File a Wrongful Death Claim

Filing a wrongful death claim involves several steps. Here’s a practical guide to help you navigate the process:

Consult with a Personal Injury Attorney: It’s vital to speak with a lawyer who specializes in wrongful death claims to understand your rights and options.
Gather Evidence: Collect evidence that supports your claim, which we will discuss in the next section.
File the Claim: Your attorney will help you file the claim with the appropriate court, typically in the county where the deceased lived or where the death occurred.
Negotiate with Insurance Companies: Often, the other party’s insurance company will want to settle. Your attorney will negotiate to ensure you receive fair compensation.
Prepare for Trial: If a settlement cannot be reached, your case may go to trial. Your attorney will prepare you for this possibility.

Evidence to Collect

To strengthen your wrongful death claim, you’ll need to gather various types of evidence, including:

Medical Records: Documentation of the deceased’s injuries and treatment.
Death Certificate: An official record that confirms the death and its cause.
Witness Statements: Testimonies from people who saw the incident or have relevant information.
Police Reports: Official documents from law enforcement that detail the incident.
Financial Records: Proof of the deceased’s income and any financial support they provided to survivors.
Photos or Videos: Any visual evidence that can illustrate the circumstances surrounding the death.

Why Choose Fenstersheib Law Group?

At Fenstersheib Law Group, we understand the emotional and financial toll a wrongful death can have on families in Fort Lauderdale. Our experienced team is dedicated to providing compassionate legal support and fighting for the justice you deserve. We are committed to helping you navigate this difficult time and ensure that your rights are protected.

Contact Us Today

If you believe you have a wrongful death claim or have questions about the process, don’t hesitate to reach out. Contact Fenstersheib Law Group at 954-456-2488 or visit our website at www.tellrobert.com for a free consultation. Let us help you seek justice for your loved one.

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Who Can File a Wrongful Death Claim in Fort Lauderdale?