The legal definition of wrongful death is when a person dies as the result of a wrongful act or the negligence of another. Each U.S. state has their own statues that delineate who can has the right to bring a wrongful death lawsuit and what they can sue for. In Florida, these cases are typically filed by the “survivors,” which are can be either the decedent’s legal spouse or children under the age of 25. In rare cases, the parents of a decedent who was under 25 years of age at the time of his/her death can also sue for damages
The survivors who file wrongful death suits generally sue for economic damages such as lost wages, support, and services. For obvious reasons, spouses and family members may also seek non-economic damages that are the result of pain, suffering, and emotional distress.
It occasionally happens that an alleged victim of wrongful death is unmarried, over the age of 25, and has children who are also over 25 years of age. In this scenario, the law provides an exception that will allow the decedent’s parents or adults children to file a wrongful death lawsuit for pain and suffering. They cannot, however, sue for medical malpractice.