Losing a loved one unexpectedly is devastating. When that loss is caused by someone else’s negligence or wrongful act, families are often left not only grieving, but also facing financial and legal uncertainty.
Florida law allows certain family members to pursue a wrongful death claim to seek compensation and accountability. Understanding who can file, how the process works, and what damages may be available can help you make informed decisions during an incredibly difficult time.
This guide explains how wrongful death claims work in Florida and what surviving family members should know.
A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct.
Florida law recognizes a cause of action when a death is caused by a “wrongful act, negligence, default, or breach of contract.” (Fla. Stat. § 768.19)
These claims are civil cases, not criminal cases. Their purpose is to compensate surviving family members and the deceased’s estate for the losses resulting from the death.
Common situations that may lead to a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian or bicycle accidents
- Medical malpractice
- Defective products
- Unsafe property conditions
Who can file a wrongful death claim in Florida?
In Florida, a wrongful death claim must be filed by the personal representative of the deceased person’s estate — not individual family members directly. (Fla. Stat. § 768.20)
The personal representative acts on behalf of both:
- The estate
- Surviving family members
This person is typically named in the deceased’s will. If no will exists, the court may appoint a representative.
Who can recover damages?
While the personal representative files the claim, damages are pursued for eligible survivors. According to Florida law, survivors may include:
- The surviving spouse
- Children (including minor children and, in some cases, adult children)
- Parents of the deceased
- Other relatives or dependents who relied on the deceased for support or services
What damages are available in a Florida wrongful death case?
Wrongful death damages in Florida are divided into two main categories:
- Damages for surviving family members
- Damages for the estate
These categories are defined by statute and serve different purposes.
Damages available to surviving family members
Surviving family members may be entitled to compensation for both financial and emotional losses.
These may include:
- Loss of support and services
- Loss of companionship and protection (for spouses)
- Loss of parental companionship, instruction, and guidance (for children)
- Mental pain and suffering (for qualifying survivors)
- Medical or funeral expenses (if paid directly by a survivor)
These damages reflect the personal and relational impact of losing a loved one — not just the financial loss.
Damages available to the estate
The estate may also recover damages related to the deceased person’s losses.
These may include:
- Lost earnings from the date of injury to death
- Loss of prospective net accumulations (what the deceased likely would have saved)
- Medical and funeral expenses (if paid by the estate)
How fault affects wrongful death compensation
Florida follows a modified comparative negligence system. Under this rule compensation is reduced by the percentage of fault attributed to the deceased, and recovery is generally barred if the deceased is found to be more than 50% at fault. (Fla. Stat. § 768.81)
Because fault directly impacts compensation, these cases often involve detailed investigation and evidence.
How long do you have to file a wrongful death claim in Florida?
In most cases, Florida law provides a two-year statute of limitations for wrongful death claims. This means the claim must generally be filed within two years of the date of death.
There are limited exceptions, but missing this deadline can result in losing the right to pursue compensation.
What to expect during the wrongful death claim process
While every case is different, most wrongful death claims follow a similar process.
It typically includes:
- Investigating the cause of death and identifying liable parties
- Gathering evidence such as accident reports, medical records, and expert opinions
- Calculating damages for both the estate and surviving family members
- Negotiating with insurance companies
- Filing a lawsuit if a fair resolution can’ be reached
When to consider speaking with a wrongful death lawyer
Wrongful death claims often involve high stakes — both emotionally and financially.
You may want to consider speaking with a lawyer if:
- Liability is disputed or unclear.
- Multiple parties may be involved.
- An insurance company denies or undervalues the claim.
- You are unsure who qualifies as a survivor.
- You want guidance on the legal process.
Taking the next step
No legal claim can undo the loss of a loved one. But a wrongful death claim can provide financial stability, accountability, and a path forward for surviving family members.
If you have questions about your situation or want to understand your options, speaking with a reputable personal injury lawyer can help clarify what comes next.
To get started, you can request a free consultation with Collins Law Firm, P.A., online or contact our legal team anytime at 352-751-5674 to discuss your case and determine whether a wrongful death claim may be appropriate.