The Florida Wrongful Death Act

Florida's Wrongful Death Act (Florida Statutes §§ 768.16–768.26) governs claims arising from a death caused by another's negligence, default, or wrongful act. Unlike a personal injury claim, a wrongful death claim must be brought by the personal representative of the estate, on behalf of specific eligible survivors.

Who can recover

Survivors who may recover under the Act include:

  • The decedent's surviving spouse
  • The decedent's minor children, and adult children if there is no surviving spouse
  • The decedent's parents (in cases involving the death of a minor child, and in some cases involving the death of an adult child)
  • Any blood relative or adoptive sibling who was wholly or partly dependent on the decedent for support

What survivors can recover

Damages under the Florida Wrongful Death Act may include:

  • Lost support and services from the date of injury to the date of death, plus future loss of support and services
  • Loss of companionship and protection (for surviving spouse), and pain and suffering from the date of the injury
  • Loss of parental companionship, instruction, and guidance (for minor children, and in some cases adult children)
  • Mental pain and suffering of parents (for the death of a minor child)
  • Medical and funeral expenses paid by survivors or the estate
  • Lost earnings and net accumulations of the estate

Statute of limitations

Wrongful death claims in Florida must generally be filed within two years of the date of death. Specific exceptions exist for medical malpractice and certain product liability matters. The statute of limitations is unforgiving — evidence does not wait, and witnesses do not stay reachable.

Why this matters with our firm

Both partners are Florida Bar Board Certified Civil Trial Specialists with significant wrongful death experience. We have recovered eight-figure settlements and verdicts for families who lost loved ones in automobile collisions, construction accidents, and premises-liability incidents. We treat every wrongful death case with the gravity it deserves and the preparation a trial demands.