Losing a loved one because of someone else’s negligence is devastating. In Florida, the law allows certain family members to pursue justice and compensation through a wrongful death lawsuit—but not everyone has the right to file the claim. Understanding who can sue is one of the most important first steps.
This guide explains how wrongful death claims work in Florida, who is eligible to bring a claim, and who may recover damages.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim arises when a person dies due to the wrongful act, negligence, default, or breach of contract of another party. These claims are governed by the Florida Wrongful Death Act.
Common examples include:
- Car accidents caused by negligent drivers
- Medical malpractice
- Defective products
- Unsafe premises or negligent security
- Workplace accidents
The goal of a wrongful death claim is to compensate surviving family members for their losses and hold the responsible party accountable.
Who Can File the Lawsuit?
The Personal Representative Must File
In Florida, only the personal representative (also called the executor) of the deceased person’s estate can file the wrongful death lawsuit.
This is a key distinction:
ā”ļø Family members do not file individual lawsuits
ā”ļø The personal representative files one lawsuit on behalf of all survivors and the estate
The personal representative is typically:
- Named in the decedent’s will, or
- Appointed by the probate court if there is no will
Who Can Recover Damages?
Although only the personal representative files the claim, certain family members (called “survivors”) may receive compensation.
1. Spouse
A surviving spouse has the strongest claim under Florida law and may recover:
- Loss of companionship and protection
- Mental pain and suffering
- Loss of financial support
2. Children
Minor children (under 25) can recover:
- Lost parental companionship, instruction, and guidance
- Mental pain and suffering
Adult children may recover damages in certain situations, particularly if:
- There is no surviving spouse, or
- The case involves specific types of negligence
3. Parents
Parents may recover damages if:
- Their minor child dies, or
- Their adult child dies and there are no other survivors
They may seek compensation for:
- Mental pain and suffering
- Loss of companionship (in some cases)
4. Other Dependents
Blood relatives or adoptive siblings who were:
- Partially or wholly dependent on the deceased for support or services
may also qualify as survivors under Florida law.
What Damages Are Available?
Damages in a Florida wrongful death case are divided into two categories:
Damages for Survivors
- Loss of support and services
- Loss of companionship
- Mental pain and suffering
- Loss of parental guidance
Damages for the Estate
- Medical expenses related to the final injury
- Funeral and burial expenses
- Lost earnings from the date of injury to death
- Lost prospective net accumulations (future earnings)
Important Limitation: Who Cannot Sue?
Florida law is strict about eligibility. Common misconceptions include:
- ā Siblings (unless financially dependent) typically cannot recover
- ā Extended family members without dependency are excluded
- ā Unmarried partners generally have no rights under the statute
This makes proper legal analysis critical early in the case.
Time Limit to File a Wrongful Death Claim
Under Florida Statute of Limitations Wrongful Death, most wrongful death lawsuits must be filed within:
ā”ļø 2 years from the date of death
Missing this deadline can permanently bar the claim.
Why Identifying the Right Parties Matters
Determining who qualifies as a survivor—and properly structuring the claim—can significantly affect:
- The total value of the case
- The types of damages recoverable
- The overall litigation strategy
Mistakes at the outset can limit recovery or even jeopardize the case entirely.
Final Thoughts
Florida wrongful death claims are not just about proving negligence—they are also about ensuring the right people are included and represented properly.
If you have lost a loved one and believe negligence was involved, taking prompt legal action can help protect your rights and secure the compensation your family deserves.
Need Help Understanding Your Rights?
If you’re unsure whether you or your family qualify to bring a wrongful death claim in Florida, consulting with an experienced attorney can provide clarity and direction during a difficult time.
Contact Florida Wrongful Death Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
