A wrongful death case aims to bring the compensation that surviving family members need to achieve stability after a tragedy. Because of this, Fla Stat. §768.21 says that a wrongful death lawsuit exists solely to benefit a decedent’s surviving family members. Potential compensation in these cases can include payments for:
Lost companionship or protection
Lost financial support and service of the decedent
Medical and funeral expenses
The mental anguish that the family members endured
While a wrongful death lawsuit goes forward for the sole benefit of family members, these members may not have the ability to file these lawsuits in court. Instead, Fla Stat. § 768.20 grants the sole authority to file lawsuits in civil court to the personal representative of the decedent’s estate. While this may be a family member, it could be another party that the decedent trusted to handle their affairs or a party that a probate court assigns to this role. A knowledgeable lawyer at our firm could further explain the specific laws that control wrongful death cases in Tampa.