Eligibility for Bringing a Wrongful Death Suit

Though you needlessly lost a loved one due to someone else’s negligence or carelessness, you may not be eligible in the eyes of the law to sue the perpetrator for wrongful death. An Orlando wrongful death lawyer from Needle & Ellenberg, P.A. can carefully review your case and provide you with legal guidance after reviewing the specifics of your situation. However, Florida courts will typically only allow wrongful death suits to proceed if they are filed from people who were related or legally married to the deceased. As a general rule, those persons are limited to the following individuals:

  • A husband or wife. A wrongful death lawyer in Orlando, Fl can clarify whether or not a common law marriage is recognized when it comes to wrongful death litigation and eligibility to file. If you were legally separated at the time of the deceased’s passing, this may also come into question in terms of whether or not you can file the suit. Consult a wrongful death lawyer Orlando, Fl community members choose for their experience in handling similar cases.
  • Adult children of the deceased. If there is more than one child, or children from previous marriages, this can complicate eligibility for filing a suit. If a child was adopted by the deceased but not legally recognized as such, he or she may not be able to file the suit. A wrongful death lawyer Orlando, Fl offers can determine the legal options for all involved.
  • Parent(s) of the deceased. In the absence of a legally recognized spouse or children, a judge may grant the parent or parents the right to file a wrongful death suit. This is more common when the victim was a minor child. However, talk to a wrongful death lawyer Orlando, Fl provides to find out more.
  • Other relatives such as siblings, cousins, nephews, or nieces. If no other relatives qualify to file the lawsuit with the help of a wrongful death lawyer Orlando, Fl locals rely on, the court may recognize one of these individuals as the plaintiff. Most often, this is only the case if that distant relative can prove they were financially dependant on the deceased and will suffer financial hardship with their passing.
  • Financial dependants. If the deceased did not have any legally recognized family members who can file the wrongful death suit, someone who was financially dependant on the deceased may be eligible. A wrongful death lawyer Orlando, Fl residents turn to for trusted legal guidance can determine if such an individual can make a strong case as a plaintiff against the accused. An example might be a physically or emotionally disabled individual who had lived with the deceased and was dependant on him or her for living expenses. If the disabled person was an adult, it is very likely that he or she was not legally or formally adopted by the deceased. In the absence of legally recognized family members, the financially dependant adult might be eligible to file the wrongful death suit.

Contact a Wrongful Death Lawyer

If you believe you may have a valid wrongful death claim, speak with a qualified attorney as soon as possible. One of our attorneys at Needle & Ellenberg, P.A. can review your case at no charge. Call us to speak with a wrongful death lawyer Orlando, Fl families trust to get them the justice they deserve.