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Florida Wrongful Death Lawyers

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Your Family Deserves Answers. And Justice.

Nothing prepares you for the loss of someone you love. And nothing makes that loss harder than knowing it didn’t have to happen, that someone’s carelessness, recklessness, or outright negligence took your person away from you and your family. The grief is overwhelming. The financial pressure that follows can be just as suffocating. And somewhere in the middle of all of it, someone is telling you that you have a legal deadline to meet.

We want to say something clearly before anything else: you don’t have to have everything figured out to call us. You don’t need to know which statute applies to your situation, who the personal representative is, or whether you technically qualify to file a claim. That’s our job. What we need from you is the willingness to have a conversation, and we’ll take it from there.

At The Injury Claim Law Firm, we have represented Florida families through some of the most difficult moments imaginable. Car accidents that should never have happened. Medical errors that stole someone’s future. Workplace fatalities that could have been prevented with basic safety measures. We understand that this isn’t just a legal matter to you. It’s your father, your child, your spouse, your family. We treat it that way.

A Florida wrongful death claim gives your family a path to hold the responsible party accountable and pursue the financial support your household now needs. It won’t undo what happened. But it can make the road ahead less impossible to walk. Under our contingency fee arrangement, there are no upfront costs and no attorney fees unless we win. You focus on your family. We handle the rest.

Key Takeaways

  • Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida under Florida Statute 768.20, though the claim is brought on behalf of all eligible surviving family members.
  • You have two years from the date of your loved one’s death to file a wrongful death lawsuit under Florida Statute 95.11(5)(e), a strict deadline that makes early legal guidance important.
  • Surviving spouses, children, parents, and certain dependents may be eligible to recover damages, though who qualifies and what they can recover depends on the specific circumstances.
  • Damages can include financial support, loss of companionship, medical and funeral expenses, lost earnings, and in some cases punitive damages depending on the facts.
  • The Injury Claim Law Firm handles wrongful death cases on a contingency fee basis , meaning your family pays nothing unless we recover compensation for you.

What Is a Wrongful Death Claim in Florida?

Under Florida Statute 768.19, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person or entity. Put simply: if the person who died could have filed a personal injury lawsuit had they survived, the estate can now file a wrongful death lawsuit on behalf of the survivors instead.

This is a civil claim, entirely separate from any criminal proceedings that might arise from the same incident. A driver can face both a criminal DUI charge and a wrongful death civil lawsuit. A doctor can face medical licensing consequences and a civil wrongful death claim simultaneously. The two systems operate independently, and our focus is on the civil side, on getting your family the financial accountability and compensation the law allows.

Wrongful death claims in Florida are governed by the Florida Wrongful Death Act, Sections 768.16 through 768.26 of the Florida Statutes. This body of law controls everything from who has standing to file the claim, to what categories of damages can be sought, to the deadline for bringing it. Understanding how it applies to your specific situation is something we can help with.

Common Causes of Wrongful Death We Handle

Wrongful death can arise from almost any situation where negligence or wrongful conduct causes a fatal outcome. The cases we see most often involve the following circumstances.

Car accidents are among the most frequent causes of preventable deaths in Florida. When a driver is speeding, impaired, distracted, or simply reckless, and that behavior takes someone’s life, their family has every right to pursue a wrongful death claim. The same principles apply to Florida truck accidents, where the size and weight of commercial vehicles make fatal crashes devastatingly common.

Motorcycle accidents result in fatalities at a disproportionate rate. Riders have almost no physical protection, and when another driver fails to yield, misjudges a turn, or simply doesn’t see them, the consequences are frequently fatal. These cases often involve contested liability, and having an experienced attorney matters.

Medical malpractice represents a distinct and particularly painful category of wrongful death. When a doctor, hospital, or healthcare provider’s error, whether a misdiagnosis, surgical mistake, medication error, or failure to act on critical warning signs, takes a life, the family has the right to pursue a claim. It’s worth knowing that Florida has specific rules about who can recover non-economic damages in medical malpractice wrongful death cases, which we address in more detail below.

Premises liability and negligent security account for a significant number of wrongful death cases involving unsafe property conditions, criminal attacks that could have been prevented with adequate security, and other situations where a property owner’s failures caused a fatal outcome. Slip and fall fatalities and inadequate lighting or security at commercial properties fall into this category as well.

Workplace accidents that result in death may give rise to both workers’ compensation claims and wrongful death lawsuits against third parties such as equipment manufacturers, contractors, or property owners who contributed to the fatal incident.

Defective products — from automotive components to medical devices to consumer goods — can be the basis for a wrongful death claim when a manufacturer’s negligent design or failure to warn causes a fatal injury.

Pedestrian accidents, DUI accidents, and rideshare crashes involving Uber or Lyft can all result in fatal injuries that give rise to wrongful death claims. In drunk driving cases, the possibility of punitive damages may significantly increase the value of the family’s claim.

Who Can File a Wrongful Death Claim in Florida?

This is one of the most important legal details families need to understand early, and it’s where Florida’s rules are different from what people often expect.

Under Florida Statute 768.20, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, not by individual family members directly. The personal representative is typically the person named as executor in the deceased’s will or estate plan. If no one is named, or if there is no will, a court will appoint a representative through the probate process.

The personal representative files the claim on behalf of all eligible survivors, who must all be identified in the lawsuit. This arrangement exists so that one proceeding resolves all related claims together rather than multiple family members filing separately.

Who Are the Eligible Survivors?

Even though the personal representative files the lawsuit, the claim is brought on behalf of the deceased’s surviving family members. Under Florida Statute 768.21, eligible survivors who may recover damages include the deceased’s spouse, children, and parents. The statute also extends to blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support at the time of death.

Florida defines “minor children” broadly for wrongful death purposes. Under Florida Statute 768.18, a minor child in this context means any child under the age of 25 at the time of the parent’s death, regardless of whether that child is legally an adult in other respects. This is broader than the general legal age of majority of 18.

Adult children who are 25 or older, and parents of adult children, may still be eligible to recover economic damages in wrongful death claims. However, when the death results from medical malpractice specifically, Florida Statute 768.21(8) places restrictions on the non-economic damages certain family members can recover. This provision, sometimes called the “Free Kill” statute, remains in effect: in 2025, the Florida Legislature voted overwhelmingly to repeal it, but Governor DeSantis vetoed the bill on May 29, 2025, and the veto was not overridden. Florida remains the only state with this restriction on non-economic damages in medical malpractice wrongful death cases. This is a nuanced area of Florida law, and exactly who qualifies for what depends on who survived the deceased and what category of negligence caused the death. We’ll walk you through specifically what applies in your family’s situation.

The Role of the Personal Representative

If a personal representative hasn’t been formally appointed yet, that doesn’t mean you should wait to call an attorney. In fact, it’s the opposite. An attorney can help your family move through the probate process to get the right person appointed efficiently, and can begin preserving evidence and building the case while that process unfolds. Waiting costs you time you may not have. The two-year deadline begins running from the date of death, not from the date a personal representative is appointed.

Proving Negligence in a Florida Wrongful Death Case

For a wrongful death claim to succeed, the personal representative must prove that the at-fault party’s negligence or wrongful conduct caused the death. Under Florida law, this requires establishing four elements.

The defendant owed the deceased a duty of care. A driver owes a duty of care to other people on the road. A doctor owes a duty of care to their patients. A property owner owes a duty to keep premises reasonably safe for visitors.

The defendant breached that duty. This means they failed to meet the standard of care a reasonable person in their position would have maintained. Running a red light, misreading an x-ray, or ignoring a known safety hazard are all examples of a breach.

The breach caused the accident or incident. There must be a direct connection between what the defendant did or failed to do and what actually happened.

The death resulted from that incident. The fatality must flow directly from the breach, not from some unrelated cause.

Proving these four elements in a wrongful death case can be significantly more complex than in a standard personal injury case, partly because the most important witness is no longer able to speak for themselves. We work with accident reconstruction specialists, medical experts, and forensic professionals to build the clearest possible picture of what happened and why the other party is responsible.

What Damages Can a Florida Wrongful Death Claim Recover?

Florida’s wrongful death statute creates two categories of damages: those available to surviving family members, and those available to the deceased’s estate. Under Florida Statute 768.21, here is what each category can include.

Damages Available to Surviving Family Members

The surviving spouse can recover for the loss of the deceased’s companionship, protection, and guidance. They can also recover for mental pain and suffering, and for the value of support and services the deceased had provided.

Minor children (under 25) can recover for the loss of parental companionship, instruction, and guidance, as well as for mental pain and suffering from the loss.

Parents of minor children who die can recover for their mental pain and suffering. Parents of adult children may recover damages in certain circumstances depending on whether there is a surviving spouse, surviving minor children, and whether the claim arises from medical malpractice or other negligence.

Any eligible survivor can also recover for medical and funeral expenses they personally paid on behalf of the deceased.

Damages Available to the Deceased’s Estate

The estate can pursue recovery for the deceased’s lost wages, benefits, and other earnings from the time of injury until death, as well as the value of future earnings the person would reasonably have been expected to earn had they lived.

Loss of prospective net accumulations of the estate, meaning what the deceased would likely have accumulated over a normal lifespan, is also recoverable.

Medical and funeral expenses paid directly by the estate are included as well.

Punitive Damages

In cases where the at-fault party’s conduct was especially reckless or egregious, a court may award punitive damages beyond the compensatory amounts described above. Punitive damages are intended to punish the wrongdoer and deter similar conduct, not just to compensate the family. DUI accidents are a common context where punitive damages come into play in wrongful death cases.

The total value of a wrongful death claim depends on many factors, including who survived the deceased, the nature of the relationship, the deceased’s age and earning history, and the specific circumstances of how the death occurred. Every case is different, and we evaluate all of these factors carefully to pursue the full compensation your family is entitled to.

The Florida Wrongful Death Statute of Limitations

Under Florida Statute 95.11(5)(e), a wrongful death lawsuit must be filed within two years of the date of the deceased person’s death. This deadline is distinct from the general personal injury statute of limitations. The two-year clock starts running from the date of death, not the date of the underlying accident or incident.

It’s also worth knowing that this deadline was not changed by Florida’s 2023 tort reform legislation, House Bill 837. While HB 837 reduced the general personal injury statute of limitations from four years to two years, the wrongful death deadline was already two years and remained unchanged.

Missing this deadline almost always means permanently losing the right to pursue the claim, regardless of how strong it might otherwise be. There are narrow exceptions, but relying on them is a significant risk. Starting early, even while your family is still grieving and before a personal representative is formally appointed, is always better than waiting.

What to Do After Losing a Loved One to Negligence

The days and weeks after a wrongful death are overwhelming. Legal deadlines are the last thing anyone wants to think about. But there are a few things that can protect your family’s ability to pursue justice later.

Preserve any evidence you can. If the death resulted from an accident, photographs, video footage, vehicle data, and physical evidence can begin disappearing quickly. If there is a workplace or premises involved, secure any documentation you can before it’s altered or destroyed.

Gather important records. The deceased’s employment records, pay stubs, tax returns, and any medical records from the incident will be important. Death certificates and any police or incident reports should be collected as well.

Be careful about what you sign. Insurance companies, employers, or other parties may reach out quickly with settlement offers or documents asking you to release claims. Do not sign anything before speaking with an attorney. What seems like financial relief in a vulnerable moment may significantly undervalue what your family is entitled to.

Contact an attorney early. You don’t need all the answers to make that call. We can help you identify whether you have a claim, who the personal representative should be, and what the next steps look like, at no cost to you.

How The Injury Claim Law Firm Handles Wrongful Death Cases

We know this is the hardest kind of case there is. We approach it differently because of that.

From the moment you contact us, we work to take the legal burden off your family’s shoulders as completely as we can. That means handling every communication with insurance companies, gathering and preserving evidence, working with medical and economic experts to fully document the loss, coordinating with the estate’s probate process, and fighting for the maximum compensation available under Florida law.

We don’t rush these cases because someone offers a quick settlement. A quick settlement usually benefits the other side, not your family. We take the time to build a complete picture of what this loss has cost: financially, personally, and across every dimension of your family’s life going forward.

If the responsible party, or their insurer, refuses to offer fair compensation, we are fully prepared to take the case to trial. Our attorneys have tried these cases in courtrooms throughout Florida, and our track record includes some of the highest verdicts in the state’s history. The $23.5 million verdict in Mejia v. Manheim Auctions — at the time the largest auto negligence verdict in Florida state history — came out of this firm’s courtroom work. We know what it takes.

Our firm offers services in English, Spanish, and Creole, and we make evening and weekend appointments available so that our clients’ schedules are never a barrier to getting representation. With over $100 million recovered and more than 100 combined years of personal injury experience, we bring both the depth and the commitment these cases demand.

And as always, you pay nothing unless we win. Our contingency fee model means the only time our fee becomes relevant is when your family has already received compensation.

Frequently Asked Questions About Wrongful Death Claims in Florida

Q. What is the difference between a wrongful death claim and a survival action in Florida?

A wrongful death claim is brought on behalf of the surviving family members to compensate them for their own losses, such as the loss of financial support, companionship, and guidance. A survival action, by contrast, is brought on behalf of the deceased person’s estate to recover for the pain, suffering, and losses the deceased personally experienced between the time of injury and the time of death. Florida law allows both types of claims to be pursued simultaneously in many cases, and the same personal representative typically handles both.

Q. Can I file a wrongful death claim directly, or does it have to go through the estate?

In Florida, only the personal representative of the deceased’s estate has legal standing to file a wrongful death lawsuit. Individual family members cannot file separately on their own behalf. However, the claim is brought on behalf of all eligible survivors, and all of them can be included in a single proceeding. If no personal representative has been appointed yet, an attorney can help navigate the probate process to get the right person in place.

Q. How long do I have to file a wrongful death lawsuit in Florida?

You have two years from the date of the death to file a wrongful death lawsuit in Florida under Florida Statute 95.11(5)(e). This deadline is strict, and very few exceptions exist. The clock starts running on the date of death itself, not the date of the underlying accident or incident.

Q. Who can recover damages in a Florida wrongful death case?

Eligible survivors under Florida Statute 768.21 include the deceased’s surviving spouse, children under 25, adult children in certain circumstances, parents, and blood relatives or adoptive siblings who were financially dependent on the deceased. Who qualifies and what each person can recover depends on the specific facts of the case, including whether there is a surviving spouse, whether children are minors, and in medical malpractice cases, additional rules about non-economic damages apply.

Q. What damages can be recovered in a Florida wrongful death case?

Damages can include the value of financial support and services the deceased provided, loss of companionship and guidance, mental pain and suffering for eligible survivors, medical and funeral expenses, lost wages and future earnings, and the loss of prospective net estate accumulations. In cases involving gross negligence or intentional misconduct, punitive damages may also be available.

Q. Does it matter how my loved one died? Does the cause affect the claim?

The cause of death affects which specific rules apply to your case. Medical malpractice wrongful death claims carry different procedural requirements and specific limitations on who can recover certain types of non-economic damages under Florida’s statute. Claims arising from car accidents, workplace accidents, premises liability, or other forms of negligence follow the general wrongful death framework without those additional restrictions. An attorney can tell you clearly which rules apply to your situation.

Q. Can I file a wrongful death claim even if the person responsible has also been charged criminally?

Yes. Civil wrongful death claims and criminal proceedings are entirely separate. You don’t need a criminal conviction, or even criminal charges, to bring a successful civil claim. The standards of proof differ: criminal cases require proof beyond a reasonable doubt, while civil cases require proof by a preponderance of the evidence, a lower threshold. Many families pursue civil wrongful death claims even when criminal charges aren’t filed, or when a criminal case results in an acquittal.

Q. How long does a wrongful death case typically take?

There is no fixed timeline. Cases that settle before litigation is necessary can resolve in months. Cases that proceed to trial can take several years. The timeline depends on factors including the complexity of the liability question, the number of parties involved, the extent of the damages, and how aggressively the opposing party disputes the claim. What we can tell you is that we work every case as efficiently as possible without compromising what your family is entitled to recover.

We’re Here for Your Family

There is no perfect time to make this call. There is no point at which the grief lifts enough that pursuing a legal claim feels easy or natural. We understand that. And we want you to know that this conversation doesn’t have to be hard.

When you reach out to The Injury Claim Law Firm, you’re not committing to anything. You’re giving yourself the chance to understand what your family’s options actually are. We’ll listen to what happened, explain what Florida law means for your situation, and give you an honest assessment of the path forward. No pressure. No obligations. No cost.

If we take your case, we carry the legal weight from that moment forward. We handle every call from insurance companies, gather the evidence, work with the experts, navigate the probate process alongside you, and fight with everything we have for the accountability your family deserves. We know how much is at stake. That’s exactly why we treat these cases the way we do.

Our attorneys have tried cases throughout Florida, from Miami-Dade and Broward to Lakeland and beyond. We’ve handled wrongful death claims arising from car accidents, truck crashes, medical malpractice, workplace fatalities, and more. We offer consultations in English, Spanish, and Creole, and we make evening and weekend appointments available because we know grief doesn’t work on a 9-to-5 schedule.

If you’ve lost a loved one because of someone else’s negligence, please don’t let the two-year deadline go by without at least having a conversation. Reach out to us through the contact form on our website or call the number listed there. The consultation is free. The commitment to your family, if we take your case, is total.

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