March 31, 2026
Wrongful Death Claims in Florida: What Families Need to Know About the Law
Losing someone you love is one of the most painful experiences life can deliver. When that loss happens because of someone else’s carelessness, recklessness, or intentional actions, the grief cuts even deeper. You are left not only mourning, but also facing mounting medical bills, funeral costs, and the sudden absence of financial support that your family depended on.
I understand this kind of pain on a personal level. On January 19, 2016, my life changed forever when I was rear-ended by a Ford F-150 traveling roughly 50 mph, crushing my Honda Civic under a citrus semi-truck. I was out of work for 13 months, required major spinal surgery, and spent years recovering. I was fortunate to survive. Not everyone is that lucky. That experience is exactly why I became a personal injury attorney: to fight for people and families who are suffering because of someone else’s negligence.
Florida law gives grieving families a powerful legal tool to seek justice and financial recovery. The Florida Wrongful Death Act allows surviving family members to hold the responsible party accountable and recover compensation for their losses.
This guide explains everything Florida families need to know about wrongful death claims, including who can file, what damages are available, critical deadlines, and how these cases differ from personal injury lawsuits.
Key Takeaways
- Only the personal representative of the estate can file the lawsuit.
- Eligible survivors may include a spouse, children, parents, and dependent relatives.
- Damages may include lost support, mental pain and suffering, medical bills, funeral costs, and estate losses.
- The filing deadline is usually two years from the date of death.
- Comparative fault can reduce compensation if the deceased shared responsibility.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a civil lawsuit filed when a person dies because of another party’s negligent, reckless, or intentional conduct. Under Florida Statute section 768.19, a wrongful death action arises when the death was caused by another party’s wrongful act, negligence, default, or breach of contract or warranty.
The legal test is simple. If the deceased person could have filed a personal injury lawsuit had they survived, then their surviving family members may have the right to pursue a wrongful death claim instead.
Wrongful death claims are civil cases, separate from criminal prosecutions. Even if no criminal charges are filed, or a defendant is acquitted in criminal court, a family may still have a valid wrongful death case in civil court.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. That representative brings the case on behalf of the estate and all eligible survivors.
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Dependent blood relatives or adoptive siblings in some circumstances
Florida law also defines minor children broadly in this context, meaning children under 25 may have additional rights to recover specific damages.
What Are the Most Common Causes of Wrongful Death in Florida?
Wrongful death claims can arise from many fatal incidents across Florida, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Premises liability incidents
- Boating accidents
- Construction accidents
Florida’s roadways, job sites, medical facilities, and commercial properties all generate circumstances where negligence can lead to a preventable death.
What Damages Are Available in a Florida Wrongful Death Case?
Wrongful death damages depend on the relationship between the survivor and the deceased. Potential damages may include:
- Lost support and services
- Loss of companionship and protection for a spouse
- Lost parental guidance for children
- Mental pain and suffering
- Medical expenses related to the final injury
- Funeral and burial expenses
- Estate damages, including lost net accumulations
Florida also imposes special restrictions in medical malpractice wrongful death cases, which can limit what certain survivors may recover.
How Long Do You Have to File a Wrongful Death Claim in Florida?
In most cases, Florida gives families two years from the date of death to file a wrongful death lawsuit. Missing that deadline can destroy the claim. Limited exceptions may apply in cases involving fraud, concealment, government entities, certain medical negligence issues, or criminal homicide.
Waiting is dangerous. Witness memories fade, records disappear, and insurers start building defenses immediately.
How Do Wrongful Death Claims Differ from Personal Injury Claims?
| Factor | Personal Injury Claim | Wrongful Death Claim |
|---|---|---|
| Who files | The injured person | The estate’s personal representative |
| Who benefits | The injured person | Survivors and the estate |
| Core damages | Medical bills, lost wages, pain and suffering | Support losses, companionship losses, funeral expenses, estate damages |
| Deadline | Varies by claim | Usually two years from death |
Wrongful death claims focus on what surviving family members and the estate lost because of the death. Personal injury cases focus on the injured person’s own losses.
How Do You Prove a Wrongful Death Claim in Florida?
- Duty of care. The defendant owed the deceased a legal duty.
- Breach of duty. The defendant failed to meet that duty.
- Causation. The breach caused the fatal injury.
- Damages. The death created compensable losses for survivors or the estate.
Strong cases often rely on accident reports, medical records, witness testimony, expert analysis, video evidence, and financial documentation.
How Does Comparative Fault Affect a Florida Wrongful Death Case?
Florida uses a modified comparative fault rule. If the deceased person was partly responsible for the fatal incident, the recovery may be reduced by that percentage of fault. If the deceased is found more than 50 percent at fault, recovery may be barred in many negligence cases.
What Does the Wrongful Death Claim Process Look Like?
- Initial attorney consultation
- Estate and personal representative setup if needed
- Investigation and evidence gathering
- Claim presentation and lawsuit filing
- Discovery, negotiation, and mediation
- Settlement or trial
Most wrongful death cases take substantial time because liability, damages, and survivor allocations often require detailed proof.
Why Work With a Florida Wrongful Death Attorney?
Wrongful death cases are high-stakes claims. Insurance carriers and defense lawyers work aggressively to reduce exposure. Families need a lawyer who can investigate the death, preserve evidence, value the full case, and fight for accountability.
At Injury LawStars, Attorney Katie Miller and the team represent Florida families on a contingency fee basis. That means no upfront attorney fees, and no fee unless we win.
Frequently Asked Questions About Florida Wrongful Death Claims
Who can file a wrongful death lawsuit in Florida?
Only the personal representative of the deceased person’s estate can file the claim, but they do so on behalf of eligible survivors and the estate.
How long do I have to file a wrongful death claim in Florida?
Usually two years from the date of death, although narrow exceptions may apply.
What damages can be recovered in a Florida wrongful death case?
Recoverable damages may include support losses, companionship losses, mental pain and suffering, medical bills, funeral costs, and estate damages.
How is a wrongful death different from a personal injury case?
Wrongful death claims compensate survivors and the estate after a fatal injury, while personal injury claims compensate the injured person directly.
Can I file a wrongful death claim if criminal charges were filed?
Yes. The civil claim is separate from any criminal prosecution.
About the Author
Katie Miller, Esq.
Managing Partner · Injury LawStars
Attorney Katie Miller was once an injury victim herself. After a car accident in 2016 that required spinal surgery and a 13-month recovery, she turned her experience into a mission: fighting for people who are hurting. With 17+ years of legal experience and over \$45 million recovered for clients, Katie brings both professional expertise and personal understanding to every case.
