Who Can File a Wrongful Death Claim in Florida?

Personal Injury & Car Accident Attorneys Serving Fort Myers, Cape Coral, Naples & Nearby Southwest Florida

Posted: December 15, 2021
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Woman, swinging next to an empty swing, reaching out for a lost love

In the state of Florida, wrongful death claims can be filed on behalf of a victim’s estate by a personal representative appointed by the decedent in his or her will. A claim for wrongful death damages may also be filed by relatives, including:

  • A spouse
  • Children (both minor and adult, depending on circumstances)
  • Parents (of both minor and adult children, depending on circumstances)
  • Blood or adoptive relatives who are partly or wholly dependent on the decedent for support services

When you lose a loved one in an accident, knowing where to turn for help isn’t always easy. Use the contact form on this page or call one of our Southwest Florida offices to schedule a free consultation and learn more about your options and your rights.

Wrongful Death Damages

Damages that may be sought in a wrongful death claim include:

  • Projected future wages
  • Loss of retirement benefits
  • Loss of companionship
  • Emotional duress

In the state of Florida, there is no cap on the amount of damages a person can seek through a wrongful death claim. The best way to learn what your claim may be worth is through a one-on-one consultation with an experienced attorney.

Criminal Charges

In some cases, the defendant in a wrongful death claim may also be facing criminal charges. Criminal charges and proceedings have no bearing on your ability to file a civil action and seek compensation. The outcome of a criminal trial is immaterial as well. Even in cases where a defendant is found innocent of criminal behavior, they may still be held liable for damages.

We Are Here to Help

The attorneys at Kelleher Law understand how difficult it is to lose a loved one in an accident. Thoughtful and compassionate, we are here to answer your questions, provide honest information about your options, and help you determine the best path forward. We work on a contingency basis – if you don’t recover damages, we don’t get paid – and your initial consultation is always free of both cost and obligation.

Give us a call at 833-546-3675 to schedule a complimentary consultation at our Naples or Fort Myers office today and let us help you and your family recover from your loss.

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