Who Can File a Wrongful Death Suit Under Florida Law?

Posted on: March 28, 2020
Medical Malpractice / Wrongful Diagnosis / Beers and Gordon P.A. / Civil Trial AttorneysAt the time of a loved one’s death, the thought of blame usually takes backseat to mourning, and processing, and figuring out how to get on with life in their absence. And as we begin to make sense of that loss, sometimes we play back conversations and observations, wondering if it may be possible that this death could have been avoided, that maybe this death was caused by someone else’s negligence, be it person or a company. Then the question becomes, who may speak up on behalf of a loss, to file a claim of wrongful death?

According to Florida State Statutes, the only persons who may file a claim of wrongful death are spouses, children, or parents of the deceased. Other exceptions may include blood relatives or adoptive siblings who are dependents of the individual lost.

But what of a girlfriend, or a fiance, or a lifelong friend? This question was posed before a Florida attorney last year, when a non-blood, non-married loved one asked to be heard with regards to her concerns about a 24-year boyfriend who died in a hospital she believed may have been negligent. In her case, the conversation prompted red flags for the attorney, a mention of Florida’s so-called “free kill” exemption.

If you or someone you love has been the victim of a wrongful death, a personal injury, or a motor vehicle accident, please contact the law offices of Beers and Gordon P.A. for a free consultation. Our firm serves all of Seminole, OrangeVolusia, Lake, and Brevard counties, including Oviedo, Winter Springs, Altamonte Springs, Sanford, Longwood, Winter Park, Lake Mary, and Greater Orlando. Our attorneys have over 50 years of combined experience ready and willing to go the distance on your case. Call us right away at 407-862-1825.


Our firm is open and continuing to serve

the needs of every new and existing client.