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Who Can File a Wrongful Death Claim?

In the state of Florida, only the deceased person’s personal representative may file a wrongful death claim. This person is often a spouse, or another close relative. This person is named in the deceased person’s Last Will and Testament and is the only person legally allowed to file a claim for wrongful death.

If you have lost a loved one in what you believe was a wrongful death scenario, you will need highly qualified legal counsel to successfully negotiate the process. Call us today at 407-425-2000, or toll free at 888-425-2004 to learn more about Florida’s wrongful death statutes and whether you may be entitled to compensation as a survivor.

Not everyone has a Last Will and Testament. Wrongful death victims are never expecting to die, and many times they are young and don’t have their affairs in order. Most people do not write a Last Will and Testament until later in life as they plan for the end of life. No one plans for a tragic accident.

In this case, it may take a long time to determine who will be the personal representative. The courts ultimately decide who is named the personal representative. This process, because it can take time, can eat away at the statute of limitations time limit of two years for wrongful death claims.

Others can benefit from funds recovered by a wrongful death claim, but the claim must be made by the personal representative. Among those who may be entitled to compensation are the deceased’s children if they are under 25 years of age, the deceased’s spouse, any minor or incompetent who depended on the deceased for care or financial support and the parents of minor children.

Orlando wrongful death attorney James O. Cunningham is prepared to fight aggressively for you and your family. As a survivor of the deceased, you may be entitled to compensation. Call the Law Offices of James O. Cunningham, P.A. at 407-425-2000, or toll free at 888-425-2004 now to do what is right for your family.

  • $1.2 million dollar Florida wrongful death recovery
  • $1,000,000 Construction site wrongful death from electrocution
  • $500,000 verdict for wrongful death of 83 year old female
  • $200,000 Policy Limit Settlements On Difficult Bodily Injury And Wrongful Death Claim
  • Substantial Recovery against anesthesiologist
  • I would most definitely recommend James Cunningham for a Personal Injury Attorney

    We interviewed 3 different lawyers before we chose Mr. Cunningham. We are glad we did. I felt besides helping us with the needed funeral expenses for my father, he was honest, upfront, and of the highest ethics.

    - Jay, a Wrongful Death client
Certified - The Florida Bar - Civil Trial. Board certified civil trial lawyer since 1984.

500 Delaney Avenue #404
Orlando, Florida 32801
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
Fax: 407-843-8274