When a loved one passes away because of someone else's negligence or misconduct, surviving family members may have the option to pursue a wrongful death claim for compensation. In Florida, state laws are relatively specific about who has the right to file such claims, especially when the marital relationship is complex. One common question that arises is whether a legally separated spouse can file a wrongful death claim. Here's an overview of Florida's wrongful death laws and how separation impacts your eligibility.

Understanding Wrongful Death Claims in Florida

In Florida, wrongful death claims are defined and governed by Florida Statutes section 768.16-768.26. These laws outline how wrongful death claims can be pursued, who can file, and what damages are available to claimants. Typically, the purpose of a wrongful death lawsuit is to hold the liable party accountable and help surviving family members recover damages associated with their loss.

Who Can File a Wrongful Death Claim?

Under Florida law, only specific individuals have the legal right to file a wrongful death claim. Here's a breakdown of those eligible:

• The personal representative of the deceased’s estate is the one who files the claim for the beneficiaries.
• Spouses, children, parents, and other close relatives or adoptive siblings who depended on the deceased for support or services may be eligible for compensation.

Types of Damages in a Wrongful Death Claim

If eligible, surviving family members can seek compensation for various damages, including:

• Medical costs related to the deceased's final injury or death
• Funeral and burial expenses
• The loss of companionship, guidance, and support that the deceased provided
• Lost earnings and financial support
• Pain and suffering experienced by surviving family members

Legal Separation and Wrongful Death Claims

In many states, the issue of legal separation can create complications in wrongful death cases. However, Florida does not recognize the concept of "legal separation." Couples are either married or divorced, with no in-between legal status that could affect the right to file. This distinction significantly influences wrongful death claims because even if you and your spouse were separated, you're still considered married under Florida law unless a formal divorce has been finalized.

Can a Legally Separated Spouse File?

Since Florida doesn't have a legal separation status, you remain the legal spouse until a court issues a final judgment of divorce. Therefore, even if you and your spouse were separated at the time of their passing, you still retain the right to file a wrongful death claim.

Factors That Could Impact a Claim for a Separated Spouse

Although legal separation alone does not disqualify a spouse from filing, certain factors may still impact the outcome or distribution of any awarded damages:

1. Pending Divorce Proceedings: If divorce proceedings were in process but not finalized, it's wise to consult with a legal professional. Courts may consider the intent to divorce as a factor in determining damages.
2. Competing Claims from Other Dependents: If children, parents, or other close dependents are eligible beneficiaries, the court may distribute damages among them based on their level of dependency on the deceased.
3. Financial Dependency and Contributions: Courts may assess whether you were financially dependent on your spouse at the time of death. If you were separated and financially independent, the court might allocate less compensation for financial loss, though non-economic damages could still apply.

Establishing Damages as a Separated Spouse

Whether separated or not, to be eligible for damages in a wrongful death case, you will need to prove certain elements:

• Emotional Loss: If you experienced a genuine emotional loss or loss of companionship, you may be entitled to compensation even if you were living apart.
• Financial Dependence: Courts will evaluate whether you were financially dependent on the deceased and how the loss impacts your future.
• Intent to Divorce: The court may examine whether the deceased and you were truly estranged with the intent to divorce or simply separated. This factor can influence the perceived strength of your claim.

Insights on Navigating a Claim

When exploring the option of filing a wrongful death claim as a separated spouse, consider the following strategic steps:

1. Secure Representation: Working with an experienced attorney can be invaluable in understanding your rights as a separated spouse.
2. Gather Evidence of Relationship Status: Compile evidence showing your relationship status, including any separation agreements, financial dependency records, and correspondence.
3. Coordinate with Other Beneficiaries: If possible, communicate with other beneficiaries, such as children or parents of the deceased, to avoid contentious disputes and streamline the claim process.
4. Document Emotional and Financial Loss: Keep detailed records of how the separation did not sever your emotional bond or financial dependency on your spouse.

Wrongful Death Cases and Florida's Statute of Limitations

In Florida, wrongful death claims need to be filed within two years from the date of the person's death. Filing within this timeframe is essential to preserving your rights, regardless of whether you were separated. Failing to meet the deadline typically results in the loss of your right to pursue compensation.

Additional Points to Consider:

• Separate Property Interests: If you were separated and managing your own finances, this could potentially impact the distribution of specific assets but does not disqualify you from wrongful death damages.
• Potential Contesting Parties: Be prepared for possible disputes with other family members who may have different interpretations of your relationship with the deceased.

Conclusion

In summary, Florida law allows separated spouses to file wrongful death claims, as there is no legal status of separation under state law. The court's primary considerations will revolve around your financial dependence on the deceased, emotional loss, and the status of any pending divorce proceedings. Ensuring you have legal guidance, substantial documentation, and a clear understanding of how wrongful death claims are handled in Florida will significantly impact the success of your claim.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.