No one can prepare for the call that tells you that someone you love is gone because of something that should never have happened. It was a crash on I-95 caused by a distracted driver, a medical error at a Treasure Coast hospital that went unaddressed until it was too late, a workplace accident that proper safety protocols could have prevented. The resulting grief is overwhelming, and it arrives alongside a set of practical and legal questions that most families have never had reason to consider before. One of the most immediate questions is also one of the most misunderstood: Who has the right to pursue a wrongful death lawsuit in Florida? The answer is more specific than most people expect. Understanding it is the first step toward knowing whether your family has a path to legal accountability for what happened. Florida’s Wrongful Death Act establishes a precise framework for who may bring a claim, on whose behalf, and for what losses. This framework is not intended to create barriers for grieving families, but rather to ensure that those most affected by a preventable death have a clear and enforceable legal path to the compensation and accountability they deserve.
If your family has lost someone due to another party’s negligence in Florida, The Rubin Firm is here to help. Call (772) 283-2004, fill out our contact form, or use live chat to speak with our team today.
Key Takeaways
- Florida’s Wrongful Death Act (codified at Florida Statutes §§ 768.16–768.26) establishes who may file a wrongful death lawsuit and on whose behalf.
- In Florida, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit, acting on behalf of the estate and the statutory survivors.
- Statutory survivors who may recover damages include the surviving spouse, children, and parents. In some cases, other blood relatives or adoptive siblings who were dependent on the deceased may also recover damages.
- The damages available to each category of survivor differ under Florida law and depend on the relationship between the survivor and the deceased.
- The statute of limitations for filing a wrongful death lawsuit in Florida is generally two years from the date of death, so it is critically important to consult a wrongful death lawyer early on.
What Is Florida's Wrongful Death Act?
Florida’s Wrongful Death Act (codified at Florida Statute Section 768.19) allows the personal representative of a deceased person’s estate to file a civil lawsuit if the death was caused by another party’s wrongful act, negligence, default, or breach of contract.
The Act exists because the law recognizes that preventable death harms not only the deceased but also their family members and dependents. Before wrongful death statutes existed, the death of a person extinguished any legal claims they might have pursued had they survived. Modern wrongful death law corrects this outcome by enabling designated representatives to seek compensation for the estate and surviving family members.
Florida’s Act specifies every element of a wrongful death claim, including who may bring it and the damages each category of survivor may recover. Understanding the Act’s framework is not merely a legal formality. It determines whether your family has standing to pursue a claim, which losses can be compensated for, and how the recovery will be distributed among those who loved and depended on the deceased.
Who May File a Wrongful Death Lawsuit in Florida?
In Florida, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This representative acts on behalf of both the estate and all eligible survivors.
This aspect of Florida wrongful death law surprises many grieving families. Individual family members, including surviving spouses and adult children, cannot independently file a wrongful death lawsuit in their own names. Instead, the claim must be brought by the personal representative of the deceased person’s estate. This representative is sometimes called an executor and acts as the legal representative of the estate, pursuing the claim on behalf of all eligible survivors.
The personal representative is typically named in the deceased person’s will. If there’s no will or no personal representative has been appointed, the probate court can appoint one. This appointment can happen relatively quickly when a wrongful death claim is pending. A wrongful death lawyer can guide the family through the process of ensuring that a personal representative is in place and authorized to bring the claim within the applicable timeframe.
The personal representative files the lawsuit, manages the litigation on behalf of the estate and survivors, and ensures that any recovery is distributed appropriately among the eligible parties. Throughout the process, they act as a fiduciary for the survivors, and having an experienced wrongful death lawyer guide the process protects everyone’s interests.
Who Are the Eligible Survivors Under Florida's Wrongful Death Act?
The Florida Wrongful Death Act establishes specific categories of survivors who can file a wrongful death claim and receive damages. The amount of damages available to each category depends on the nature of the relationship.
To understand the full scope of a wrongful death claim and who stands to benefit from it, it is essential to understand who qualifies as a statutory survivor under Florida law.
Surviving Spouse
A surviving spouse is entitled to recover damages for the loss of the deceased’s support and services, companionship and protection, as well as for mental pain and suffering resulting from the loss. These damages are among the most significant in Florida wrongful death cases because they reflect the dissolution of a marital partnership due to another party’s negligence.
Minor Children
Under Florida’s wrongful death statute, minor children of the deceased (meaning children under the age of 25 in cases involving medical malpractice and children under the age of 18 in other wrongful death cases) may recover for lost parental companionship, instruction, and guidance, as well as for mental pain and suffering. Losing a parent during childhood has lifelong consequences, and Florida law recognizes the depth and permanence of that loss through the damages available to minor children.
Adult children may also recover damages in certain wrongful death cases, particularly when there is no surviving spouse. Whether adult children can file a claim depends on the circumstances of the death and the family structure. A wrongful death lawyer can advise you on how Florida courts have interpreted these provisions in situations similar to yours.
Parents of a Deceased Minor Child
Parents of a deceased minor child may seek compensation for the mental anguish resulting from their loss. The wrongful death of a child is one of the most devastating losses a family can experience. Florida law provides parents with a direct path to compensation for the grief and anguish they endure.
Parents of an Adult Child
Under Florida’s Wrongful Death Act, parents of an adult child who was not survived by a spouse or children may also recover for mental pain and suffering. This reflects the law’s recognition that the bond between a parent and adult child is as real and painful as any other family relationship.
Other Relatives
Under Florida law, blood relatives and adoptive siblings who were wholly or partially dependent on the deceased for support or services may qualify as statutory survivors when there is no surviving spouse, child, or parent who qualifies. Whether this category of survivor has standing depends on the specific circumstances, so a legal evaluation of the family structure is necessary to determine it accurately.
What Damages May Be Recovered in a Florida Wrongful Death Case?
According to Florida’s Wrongful Death Act, both economic and non-economic damages may be recovered. Economic damages are awarded to the estate, while non-economic damages are awarded to eligible survivors. The specific categories of damages available depend on the survivor’s relationship to the deceased.
Damages Available to the Estate
The estate may recover the following from the responsible party:
- The deceased person’s lost earnings from the date of injury to the date of death
- The value of the deceased person’s future earnings that would have been accumulated over their expected working life
- Medical and funeral expenses resulting from the injury that caused death These economic damages reflect the financial losses sustained by the deceased and the costs incurred by the estate as a direct result of the wrongful act.
Damages Available to Survivors
Each eligible survivor category may recover damages specific to their relationship with the deceased. “Lost support and services” reflects the practical contributions the deceased made to the survivor’s daily life and financial stability. Lost parental companionship, instruction, and guidance address the loss of the relationship itself, rather than its financial aspects. Mental pain and suffering encompasses the grief, anguish, and psychological harm caused by the loss and that will continue to be experienced throughout the survivor’s life.
In cases where death resulted from particularly reckless or intentional conduct, punitive damages may be available in addition to the above-described compensatory damages. Pursuing these requires specific procedural steps, and they are not awarded in every case. However, when the facts support them, they can significantly increase the total recovery available to the estate and survivors.
The interaction between these categories of damages and the specific allocation of any recovery among the estate and multiple survivors is an area where legal guidance from an experienced wrongful death lawyer is essential. Disputes among survivors about the distribution of a wrongful death recovery are not uncommon. Having a lawyer who understands the legal framework and family dynamics involved protects everyone’s interests throughout the process.
How Long Does a Family Have to File a Wrongful Death Claim in Florida?
In Florida, the statute of limitations for wrongful death claims is usually two years from the date of death. Missing this deadline permanently eliminates the family’s right to pursue compensation, regardless of how strong the underlying claim would have been.
Two years can feel like a long time in the immediate aftermath of a devastating loss. This is especially true when building a strong wrongful death case, which involves obtaining medical records, reconstructing crash scenes, retaining expert witnesses, identifying all liable parties, and navigating the probate process to ensure a personal representative is authorized to file. These steps take time, and it disappears faster than most families anticipate while they’re focused on grief and the immediate practical demands of loss.
Florida’s wrongful death statute of limitations has very limited exceptions. In some circumstances, fraudulent concealment by the at-fault party may toll the limitations period. Claims involving minors have specific procedural considerations. Cases against government entities may have shorter notice requirements that run parallel to the limitations period. A wrongful death lawyer can evaluate whether any exceptions apply to your family’s situation and advise you on the most urgent next steps, depending on where you are in the process.
Hold the Responsible Party Accountable. Call us now for help!
Losing someone you love due to another party’s negligence is a harm that no amount of compensation can undo. However, a wrongful death claim can provide your family with the financial stability needed to move forward. It can also hold the responsible party accountable by carrying real legal consequences and ensure that those who depended on your loved one are not left to bear the financial burden of someone else’s failure. The Rubin Firm represents families affected by wrongful death across Stuart, Palm City, Jensen Beach, Port St. Lucie, Fort Pierce, Vero Beach, and throughout the Treasure Coast.
We handle these cases with the care, commitment, and legal experience they demand.Call (772) 283-2004, fill out our contact form, or use live chat to speak with our team today.
Disclaimer: This blog post is intended for general informational and educational purposes only and does not constitute legal advice. Every case is different. You should not act or refrain from acting on the basis of this content without consulting a licensed attorney. Florida statutes referenced reflect the law as understood at the time of publication and are subject to change. The statute of limitations referenced may vary based on individual circumstances. Past results do not guarantee future outcomes. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The Rubin Firm is located at 2055 South Kanner Highway, Stuart, FL 34994.
Frequently Asked Questions
What if the person who caused the death was criminally charged?
Criminal prosecutions and wrongful death civil claims proceed on entirely separate tracks with different standards of proof. A criminal conviction isn’t required to file a wrongful death claim, and a criminal acquittal does not prevent a successful civil claim. The preponderance of the evidence standard used in civil wrongful death cases is lower than the beyond a reasonable doubt standard used in criminal proceedings. Therefore, families can pursue civil accountability regardless of how the criminal case resolves.
What if our loved one died from a medical error in a Florida hospital?
In Florida, medical malpractice wrongful death cases carry specific procedural requirements, including a pre-suit investigation period and a verified expert medical opinion before a lawsuit can be filed (consistent with Florida Statute Section 766.106). These cases also involve specific provisions under the Wrongful Death Act that affect which survivors may recover damages in medical malpractice contexts. A wrongful death lawyer experienced in medical negligence cases can evaluate the circumstances and advise on the applicable framework.
Can a wrongful death claim be filed if the deceased had no will?
Yes. The absence of a will doesn’t prevent a wrongful death claim from being filed. If no personal representative has been named in a will, the probate court can appoint one. A wrongful death lawyer can help the family start the process quickly to make sure the claim is filed before the statute of limitations expires.
What if multiple parties were responsible for the death of our loved one?
As in personal injury cases, Florida’s comparative fault framework applies in wrongful death cases. When multiple parties are responsible for a death, the personal representative can pursue claims against all of them simultaneously. Each party’s liability reflects their proportionate contribution to the fatal outcome. One of the most important functions a wrongful death lawyer performs in evaluating a claim is identifying every responsible party.
Does The Rubin Firm handle wrongful death cases on contingency?
Yes. We handle these cases on a contingency fee basis, meaning there are no upfront legal fees. We are compensated only if we secure compensation for your family, and our fee comes from that recovery, not from your pocket. The initial consultation is free and carries no obligation to proceed.
