Can You Recover Funeral and Burial Costs in a Florida Wrongful Death Claim?

Losing a loved one can be incredibly heartbreaking. In addition to the emotional pain, families often have to deal with unforeseen expenses, especially those related to funerals and burials. In the United States, these expenses can easily reach thousands of dollars and create significant financial strain during an already difficult time. If your loved one recently passed away due to someone else’s negligence, you may be wondering if Florida allows you to recover these costs through a wrongful death claim.

So, can you recover funeral and burial costs in a Florida wrongful death claim? Yes, after someone passes away due to another party’s negligence, it’s possible to recover funeral and burial costs in a wrongful death claim. Read on to learn more!

Florida Law Allows Recovery of Funeral and Burial Expenses

According to Florida law, families can seek compensation for certain damages when a death happens due to another person’s negligence, recklessness, or intentional wrongdoing, including compensation for funeral and burial expenses. Specifically, the law allows recovery of reasonable funeral and burial expenses.

While it is understandable to want to give a loved one a proper send-off, it’s vital to ensure you know what constitutes reasonable and what insurers might see as unreasonable for purposes of a wrongful death claim. Generally, reasonable funeral and burial expenses are those that are considered customary and necessary. These costs include:

• A casket or urn
• Funeral service
• Cremation services
• Transportation of the body
• Cemetery fees
• A hearse
• Printed program materials

Insurance companies often scrutinize these costs and try to dispute expenses they believe are excessive, unrelated, or unreasonable.

Who Is Entitled To Recover Funeral and Burial Expenses?

Florida law only allows the personal representative of the deceased’s estate to file a wrongful death claim. Usually, this individual is named in the deceased’s will as the executor. If there isn’t a will, the probate court will appoint someone, typically a surviving spouse, adult child, or parent. However, the personal representative files the claim on behalf of the estate and surviving family members. Funeral and burial expenses may be recovered on behalf of the estate or reimbursed to surviving family members who paid these costs out of pocket.

Other Recoverable Damages

While funeral and burial expenses are important, they often represent only a portion of a broader wrongful death claim. Florida law allows recovery of several other types of damages, including:

• Lost wages and future financial support
• Loss of parental guidance (for minors)
• Loss of companionship and protection (for spouses)
• Pain and suffering (for spouses, children, and sometimes, parents)

Is There a Time Limit for Seeking Funeral and Burial Costs?

Yes. Florida Statutes Section 95.11 generally gives you two years from the date of death to file a wrongful death claim. If the claim is not filed within that time, you might lose the right to recover damages, including funeral and burial expenses. Certain exceptions may apply in rare circumstances, but you shouldn’t rely on them. Additionally, acting promptly is crucial for helping preserve evidence.

Contact a Miami Wrongful Death Attorney

If you lost a loved one due to another person’s negligence, contact our Miami wrongful death attorneys at The Pendas Law Firm for help seeking the compensation you and your family deserve.

The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Jacksonville, Fort Myers, Fort Lauderdale, Bradenton, West Palm Beach, Daytona Beach, Naples, and Melbourne areas.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html