Yes, but you will use a process known as a wrongful death lawsuit. Like burn injury lawsuits, wrongful death claims are filed in civil court. The statute of limitations in wrongful death cases is two years from the date of the deceased’s death.
Florida law requires a personal representative of the estate—either named in the deceased’s will or estate plan or appointed by the court—to file the lawsuit on behalf of family members. The family members who are eligible to benefit from a wrongful death action include the deceased’s spouse, children, and grandchildren, as well as other blood relatives who were wholly or partially dependent on support and services provided by the deceased.
The damages plaintiffs may recover in Fort Lauderdale wrongful death cases include:
- The value of support and services that the deceased provided to his or her family members.
- Loss of companionship, guidance, and protection that the deceased gave to family members.
- The mental and emotional pain of losing a child.
- Medical expenses for the treatment of the deceased’s final injury.
- Funeral and burial or cremation expenses.
The estate can also recover the loss of wages, benefits, and the value of lost earnings that the deceased could have reasonably been expected to earn if he or she had survived, as well as medical and funeral expenses that were paid directly by the estate.