When a loved one dies unexpectedly because of another person’s negligence or intentional act, the emotional toll is immeasurable. Florida law recognizes this and allows certain surviving family members to seek justice through a wrongful death claim. While compensation cannot replace the loss, it can help ease the financial strain that often follows such a tragedy.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. This person may be named in the deceased’s will or appointed by the court if there is no will.
Although the personal representative files the claim, damages are pursued on behalf of surviving family members, including:
- The spouse
- Children (minor and adult)
- Parents
- Dependent blood relatives or adoptive siblings
Each party’s right to compensation depends on their relationship to the deceased and the specific losses they suffered.
What Qualifies as a Wrongful Death?
A wrongful death claim can be filed when someone dies due to the negligence, wrongful act, breach of contract, or default of another party. Common scenarios include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Unsafe premises or construction sites
- Criminal activity
Wrongful death lawsuits in Florida are civil cases, which are separate from any criminal charges that may be filed.
Types of Compensation Available
Florida allows eligible survivors and the estate to recover both economic and non-economic damages, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Loss of companionship, protection, and guidance
- Mental pain and suffering
- Value of household services lost
The estate may also recover for lost earnings, benefits, and future net accumulations.
Florida’s Statute of Limitations for Wrongful Death
Under Florida law, a wrongful death lawsuit must be filed within two years of the date of death. In some rare cases involving fraud or concealment, the time limit may be extended.
Missing the deadline may prevent you from pursuing any legal action, so it’s important to speak with an attorney as soon as possible.
Fatal Car Accidents in Florida
Florida has one of the highest numbers of traffic fatalities in the country. If your loved one died in a motor vehicle accident caused by a negligent driver, such as one who was texting, speeding, or under the influence, you may be able to file a wrongful death claim.
In some cases, defective roadways or vehicle parts may also be to blame, opening the door for additional claims against third parties.
Can You Sue After a Work-Related Death?
If the death occurred while the person was on the job, Florida’s workers’ compensation system typically provides death benefits to the surviving spouse and dependents. However, if a third party contributed to the death (like a contractor or equipment manufacturer), you may also pursue a wrongful death lawsuit outside the workers’ compensation system.
Frequently Asked Questions About Wrongful Death in Florida
Can adult children recover compensation?
Yes. If there is no surviving spouse, adult children may recover damages for lost parental companionship, instruction, and guidance, as well as mental pain and suffering.
What if the responsible party is a business or corporation?
You can file a wrongful death claim against a company or institution if their negligence contributed to the death. Examples include a hospital, nursing home, trucking company, or manufacturer.
What happens if no family steps forward to file?
If no family member steps forward or no will exists, the court will appoint a personal representative. This representative can still file a wrongful death claim on behalf of the estate and beneficiaries.
Is there a cap on damages?
Florida does not cap economic damages, but non-economic damages (like pain and suffering) may be limited in some medical malpractice cases. A wrongful death attorney can clarify how this may apply to your case.
Speak With a Florida Wrongful Death Attorney Today
If someone else’s careless actions cost your loved one their life, you deserve support and answers. A wrongful death attorney in Florida can help you understand your legal options and fight for the compensation your family needs. The first step toward justice starts with a conversation—don’t wait to get the guidance you deserve.