What is a Florida wrongful death claim?
A wrongful death claim is an action which is initiated by the estate and by the survivors of someone who is deceased or killed as a result of the negligence of someone else. All actions for recovery of loss, injury, or damage as a result of the death of the individual are bought through the personal representative. So that personal representative will be setting up the estate and opening the estate, and will be litigating the claim not only for the recovery of the estate, but also for the survivors. And there are a variety of elements of damages that will be recoverable by the personal representative in that litigation. Which would include compensating both the surviving defined survivors under the statute, as well as the loss, injury or damage to the estate from the accumulated assets that otherwise would have been earned by the individual, had they not been killed.
