Losing a loved one is one of the most painful experiences any family can endure. When that loss is caused by another person's or company's negligence, recklessness, or intentional misconduct, the grief is compounded by anger, confusion, and a desperate need for answers. Florida's Wrongful Death Act provides a legal pathway for surviving family members to seek justice, hold the responsible parties accountable, and recover financial compensation to help the family move forward. This guide explains everything you need to know about wrongful death claims in Florida.
Florida's Wrongful Death Act (Sections 768.16–768.26)
Florida's Wrongful Death Act, codified in Sections 768.16 through 768.26 of the Florida Statutes, provides the legal framework for wrongful death claims in the state. The Act defines who can file a claim, what damages are available, and the procedures that must be followed. A wrongful death claim can be filed when a person's death is caused by the "wrongful act, negligence, default, or breach of contract or warranty" of another party.
In simpler terms, if someone dies because of another person's or entity's fault — whether through a car accident, medical error, defective product, workplace incident, or any other act of negligence — the surviving family members may have a legal right to compensation.
Who Can File a Wrongful Death Claim?
Under Florida law, a wrongful death lawsuit can only be filed by the "personal representative" of the deceased person's estate. The personal representative is typically named in the deceased person's will. If there is no will, the court appoints a personal representative — often the surviving spouse, an adult child, or another close family member.
The personal representative files the lawsuit on behalf of the estate and on behalf of the surviving family members (called "survivors") who are entitled to recover damages. The personal representative does not have to be one of the survivors — they can be any qualified individual, including an attorney or a professional fiduciary.
Survivors Who Can Recover Damages
Florida's Wrongful Death Act identifies specific categories of survivors who are entitled to recover damages:
- The surviving spouse — Can recover damages for loss of companionship and protection, mental pain and suffering from the date of injury (the incident that led to death), loss of the decedent's earnings from the date of death, and loss of support and services.
- Minor children (under 18) — Can recover damages for lost parental companionship, instruction, and guidance, as well as mental pain and suffering from the date of injury.
- Adult children (18-25) if no surviving spouse — If there is no surviving spouse, adult children under 25 can recover for mental pain and suffering. If there IS a surviving spouse, adult children under 25 can still recover for lost parental companionship and guidance, but NOT for mental pain and suffering.
- Parents of the deceased — If the deceased was a minor child, parents can recover for mental pain and suffering and lost companionship. If the deceased was an adult, parents can only recover if there is no other surviving class member (spouse or child).
- Blood relatives and adoptive siblings who were partly or wholly dependent on the decedent — These individuals can recover for lost support and services they were receiving from the deceased.
It is important to note that Florida's wrongful death statute is more restrictive than many other states when it comes to who can recover non-economic damages (pain and suffering). The specific rules about which survivors can recover which types of damages are complex and depend on the family structure, the age of the survivors, and the relationship to the deceased.
Types of Damages in a Wrongful Death Case
Damages in a Florida wrongful death claim can be divided into two categories: damages recoverable by the estate and damages recoverable by individual survivors.
Damages Recoverable by the Estate
- Medical and funeral expenses — The reasonable costs of medical treatment the deceased received between the injury and death, as well as funeral and burial expenses.
- Lost earnings — The income the deceased would have earned from the date of death through their expected remaining working life, minus personal living expenses. This is often calculated by an economist using the deceased's work history, education, career trajectory, and life expectancy.
- Lost net accumulations — The wealth the deceased would have accumulated over their remaining lifetime, including savings, investments, and retirement contributions.
Damages Recoverable by Individual Survivors
- Loss of companionship, comfort, and society — The emotional loss of having the deceased person in your life.
- Loss of parental guidance and instruction — For minor and young adult children, the loss of the parent's role in their upbringing.
- Loss of support and services — The financial support and household services the deceased provided to the survivors.
- Mental pain and suffering — The emotional anguish experienced by eligible survivors from the date of injury (not just the date of death).
The Two-Year Statute of Limitations
Florida's statute of limitations for wrongful death claims is two years from the date of death — not the date of the injury or the date of the incident that led to the death. This is a strict deadline. If the personal representative does not file the lawsuit within two years of the date of death, the right to seek compensation is permanently extinguished.
In rare cases, the statute of limitations may be tolled (paused) — for example, if the cause of death was not immediately apparent or was concealed. However, these exceptions are narrow and should not be relied upon. Contact an attorney as soon as possible after the death of a loved one to ensure your family's rights are protected.
How Wrongful Death Differs from Personal Injury
A wrongful death claim is fundamentally different from a personal injury claim in several important ways:
- Who files: In a personal injury claim, the injured person files the lawsuit themselves. In a wrongful death claim, the personal representative of the estate files on behalf of the survivors.
- Types of damages: A personal injury claim includes damages for the injured person's pain and suffering. A wrongful death claim includes damages for the survivors' pain and suffering and the loss of the deceased's future earnings.
- Who recovers: In a personal injury claim, the injured person receives the compensation. In a wrongful death claim, the compensation is distributed among the eligible survivors according to the terms of the settlement or court order.
- Statute of limitations: Florida's statute of limitations for personal injury is two years from the date of injury. For wrongful death, it is two years from the date of death (which may be a different date if the victim survived for a period after the initial injury).
Common Causes of Wrongful Death in Florida
Wrongful death claims in Florida arise from many types of incidents, including:
- Car, truck, and motorcycle accidents — Fatal crashes on I-95, the Florida Turnpike, US-1, and other major highways in South Florida are devastatingly common.
- Medical malpractice — Surgical errors, misdiagnosis, medication errors, birth injuries, and hospital-acquired infections that result in death.
- Workplace accidents — Construction falls, electrocutions, machinery accidents, and other fatal workplace incidents.
- Defective products — Products that malfunction or are unreasonably dangerous, including defective vehicles, medical devices, medications, and consumer products.
- Premises liability — Fatal slip and fall accidents, drownings in improperly maintained pools, and incidents caused by negligent security.
- Pedestrian and bicycle accidents — Florida consistently ranks among the most dangerous states for pedestrians and cyclists.
- Nursing home abuse and neglect — Elderly residents who die due to inadequate care, falls, medication errors, or abuse in nursing facilities.
- Criminal acts — In some cases, a wrongful death civil suit can be filed against a person who caused death through criminal conduct, even if they are also facing criminal charges (the civil case is separate from the criminal case).
Why Early Attorney Consultation Is Critical
In the aftermath of losing a loved one, the last thing most families want to think about is legal action. However, there are several important reasons why consulting with a wrongful death attorney as early as possible is essential:
- Evidence preservation — Critical evidence can be lost, destroyed, or degraded over time. Surveillance footage, electronic data, physical evidence at the scene, and witness memories all deteriorate. An attorney can take immediate steps to preserve evidence.
- Statute of limitations — The two-year deadline is strict and unforgiving. Getting started early ensures your family's rights are protected.
- Estate administration — A personal representative must be appointed before a wrongful death lawsuit can be filed. This process can take time, especially if there is no will.
- Insurance company tactics — Insurance companies will begin their investigation immediately after a death. Without an attorney, the family is at a disadvantage in dealing with investigators and adjusters.
- Financial pressure — The death of a family breadwinner creates immediate financial hardship. An attorney can help the family understand their options and, in some cases, obtain interim financial assistance.
A Compassionate Approach
At Get Justice Miami, we understand that no amount of money can replace the person you have lost. A wrongful death claim is not about putting a price on a human life — it is about holding the responsible parties accountable, obtaining financial security for the surviving family, and ensuring that the same negligence does not harm another family in the future.
We approach every wrongful death case with compassion, sensitivity, and respect for the grieving process. We handle the legal burden so that you and your family can focus on healing. Our bilingual team is here to support you every step of the way — from the initial consultation through the resolution of your case.
Contact Get Justice Miami
If you have lost a loved one due to someone else's negligence in South Florida, we are here to help. At Get Justice Miami, we offer free, confidential consultations for wrongful death cases. We work on a contingency fee basis — you pay nothing unless we recover compensation for your family. Our attorneys are available 24/7, and we serve families throughout Miami-Dade and Broward County. Hablamos espanol. Call us today. Your family deserves justice.