Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can face. In Florida, the law recognizes this profound loss and provides specific rights for surviving family members through the Florida Wrongful Death Act (F.S. 768.16–768.26). This statute outlines who may recover damages, what types of compensation are available, and how the lawsuit must be handled.
If you’ve recently lost a loved one due to medical malpractice, a vehicle crash, nursing-home negligence, or another preventable tragedy, understanding your rights is the first step toward seeking justice.
Who Can Recover Damages in a Florida Wrongful Death Case?
Under Florida law, survivors are defined as the close family members who may legally recover damages after a wrongful death. Survivors may include:
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Spouse
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Children
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Parents
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Blood relatives or adoptive siblings who were dependent on the deceased for support or services
Not every family member automatically qualifies—the relationship and dependency determine eligibility.
How Florida’s Wrongful Death Act Protects Survivors
Florida’s wrongful death statute is designed to shift the financial burden of a preventable death away from the surviving family and onto the negligent party. Key protections include:
1. Centralized Filing Through the Personal Representative
Only the personal representative (PR) of the estate may file the lawsuit.
However, the PR files the case on behalf of all survivors, and each survivor’s damages are addressed in the complaint.
2. Separate Damages for Survivors and the Estate
Florida distinguishes between survivor damages and estate damages, ensuring families receive comprehensive compensation.
Damages Survivors May Recover
Surviving family members may be entitled to significant compensation depending on their relationship to the deceased.
1. Loss of Support and Services
Survivors can recover the value of:
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Household services the decedent provided
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Financial support the decedent would have contributed
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Future support the survivor reasonably expected
2. Loss of Companionship and Protection
Florida law allows spouses and children to seek damages for losing the emotional, social, and familial support the deceased provided.
3. Mental Pain and Suffering
In Florida:
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Spouses can recover for mental pain and suffering.
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Minor children (or all children if there is no surviving spouse) may recover.
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Parents of a deceased minor child can recover.
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Parents of an adult child can recover only if there are no other survivors.
4. Medical and Funeral Expenses
Survivors who personally paid these expenses may be reimbursed.
Damages the Estate May Recover
The estate may also recover separate damages, which ultimately pass to beneficiaries:
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Lost earnings from the date of injury to death
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Loss of prospective net accumulations (in certain situations)
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Medical and funeral expenses paid by the estate
Understanding the distinction between estate and survivor damages is essential when evaluating the full value of a wrongful death claim.
Common Situations That Lead to Wrongful Death Cases in Florida
Survivors may have the right to bring a wrongful death claim in many circumstances, including:
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Medical malpractice
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Nursing home neglect or abuse
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Car, truck, motorcycle, or rideshare accidents
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Dangerous property conditions
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Defective products
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Violent crimes caused by negligent security
If negligence contributed to the death, survivors may have a valid claim.
Time Limits: How Long Do Survivors Have to File?
Florida wrongful death cases generally must be filed within two years of the date of death. Waiting too long can permanently bar the claim, so survivors should take action as soon as possible.
Why Survivors Should Speak with a Florida Wrongful Death Attorney
Wrongful death cases are complex. Survivors must:
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Navigate the Florida Wrongful Death Act
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Identify all potential survivors
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Calculate each category of damages
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Understand medical, financial, and actuarial records
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Work with experts to prove causation and damages
A knowledgeable Florida wrongful death lawyer can help protect survivor rights, maximize compensation, and hold negligent parties accountable.
Final Thoughts
The death of a family member is emotionally devastating, but survivors do not have to face the financial and legal consequences alone. Florida law gives survivors powerful rights to seek justice and financial stability after a preventable tragedy.
If you believe someone’s negligence caused your loved one’s death, speaking with an experienced Florida wrongful death attorney can help you understand your options and protect your family’s future.
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.
