Florida Wrongful Death Lawsuits

Navigating Wrongful Death Claims in Florida

Losing a family member due to another party's negligence or intentional misconduct is a devastating experience. The Florida Wrongful Death Act (Fla. Stat. § 768.16–768.26) provides a legal framework for surviving family members to seek accountability and financial recovery.

Who Can File a Wrongful Death Claim?

Under Florida law, a wrongful death lawsuit cannot be filed directly by individual family members. Instead, it must be brought by the Personal Representative of the deceased person's estate on behalf of all eligible survivors:

• Spouse: Recoverable damages include loss of companionship, protection, and mental pain and suffering.
• Minor Children: Children under 18 can recover for lost parental companionship, instruction, and guidance.
• Parents: Parents of a deceased minor child—or parents of an adult child if there are no other survivors—can claim mental pain and suffering.

Types of Recoverable Damages

Florida law distinguishes between damages recovered for individual survivors and those recovered for the estate itself:

Category

Recoverable Loss / Compensation

Survivor Damages

Mental pain and suffering, loss of support, loss of companionship.

Estate Damages

Medical and funeral expenses paid by the estate, lost earnings from injury to death.

Under Fla. Stat. § 95.11(5)(e), the statute of limitations for filing a wrongful death claim is two years from the date of death.