Who Is Entitled to Wrongful Death Benefits in Key West, Florida?

Losing a loved one unexpectedly can take a huge physical and mental toll on a person. A 2022 study found that someone suddenly stuck in this situation is 78% more likely to die due to heart failure during their first week of grieving a loved one’s loss than the average person.

Losing a loved one without warning can also have a gigantic financial impact on a person. They may, however, have the opportunity to collect wrongful death benefits in Key West, Florida, to prevent their financial issues from further affecting their physical and mental struggles.

Are you wondering if you’re eligible to access wrongful death benefits in the aftermath of a loved one’s surprising loss? Keep reading to find out if you’re entitled to seek these benefits.

Who Can File a Wrongful Death Lawsuit in Key West?

Before you and your family can even think about collecting wrongful death benefits in Key West, Florida, you’ll need to go through the process of filing a wrongful death lawsuit. You can do this by opening an estate for a loved one in a Monroe County probate court. This will make it possible for the estate to receive any proceeds from a wrongful death lawsuit.

The judge assigned to your loved one’s case will appoint one person from your family to serve as a personal representative. They’re the only one legally allowed to file a wrongful death lawsuit on behalf of the estate.

This person should consider filing a wrongful death lawsuit if your loved one died during an accident that occurred as a result of someone else’s negligence. If, for example, your loved one died in a car accident caused by a speeding driver, a distracted driver, or a drunk driver, they’ll maintain the right to file a lawsuit in an attempt to recover damages.

Just make sure to file a wrongful death lawsuit before the statute of limitations runs out. In Florida, you’ll have two years from the day a loved one dies to do it.

Wrongful death cases are complicated and perilous.    It is strongly recommended you speak with an experienced personal injury attorney prior to speaking with any insurance company or representative from the at-fault party.

Who Can Collect Compensation in a Wrongful Death Lawsuit in Key West?

A personal representative is the only person who can file a wrongful death lawsuit related to the accidental death of your loved one. However, they aren’t the only one entitled to wrongful death benefits in Key West, Florida.

This person can list other beneficiaries in the lawsuit. They can include family members, such as:

• Spouse
• Children
• Parents

Which Types of Compensation Can a Family Collect in a Wrongful Death Lawsuit in Key West?

Florida’s personal injury laws enable a family to collect two types of compensation in a wrongful death case. They can collect compensation that goes directly to beneficiaries as well as compensation that goes straight to the estate.

Here are several examples of compensation beneficiaries can collect:

• Compensation for a spouse for their loss of companionship
• Compensation for a young child for their loss of the instruction of a parent
• Compensation for a parent for their mental pain and suffering

Here are a few examples of compensation an estate can collect:

• Compensation to pay off a loved one’s medical bills
• Compensation to take care of a loved one’s funeral expenses
• Compensation to account for a loved one’s lost wages

A wrongful death attorney in Key West, FL, can assist a family in filing a lawsuit against a negligent party.

Reach Out to Our Law Firm To File a Wrongful Death Lawsuit in Key West

If you lost a loved one following an accident, your family might not know what to do next. Let Florida Keys Injury Lawyers see if your family is entitled to wrongful death benefits in Key West, Florida.

To learn more about your options call us at 786-605-8500 today to start the process.