Losing a loved one because of someone else’s negligence is devastating. Along with the emotional pain, families are often left with financial burdens, unanswered questions, and a need for justice. In Florida, the Wrongful Death Act provides a legal pathway for surviving family members to hold responsible parties accountable and seek compensation. If you’re facing this difficult situation, understanding how the law works can help you make informed decisions.
What Is the Florida Wrongful Death Act?
The Florida Wrongful Death Act is found in Florida Statutes, Sections 768.16–768.26. It allows certain surviving family members to recover damages when a death is caused by negligence, wrongful acts, or breach of duty. Essentially, it shifts the right to bring a lawsuit from the deceased person to their survivors and the personal representative of the estate.
Who Can File a Wrongful Death Claim in Florida?
Under the Act, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative acts on behalf of both the estate and the surviving family members. Survivors who may be eligible for compensation 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 partly or wholly dependent on the deceased
What Damages Can Families Recover?
The law recognizes that both the family and the estate suffer losses. Compensation may include:
For the Surviving Family Members
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Loss of companionship, guidance, and protection
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Mental pain and suffering (for spouses, children, and in some cases, parents)
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Loss of financial support and services the deceased provided
For the Estate
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Lost wages, benefits, and earnings from the date of injury to death
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Loss of future earnings the deceased would likely have accumulated
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Medical and funeral expenses paid directly by the estate
Time Limits for Filing a Claim
Florida law generally gives families two years from the date of death to file a wrongful death lawsuit. There are some exceptions, but waiting too long can result in losing the right to seek justice.
Why Families Need Legal Guidance
Wrongful death claims are complex. They often involve insurance companies, large institutions, or corporations that fight to minimize payouts. An experienced Florida wrongful death attorney can:
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Investigate the cause of death
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Identify all liable parties
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Accurately calculate damages
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Navigate the procedural requirements of the Wrongful Death Act
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Fight for the maximum compensation families deserve
Final Thoughts
While no amount of money can replace a loved one, the Florida Wrongful Death Act is designed to ease the financial and emotional burdens left behind. Understanding your rights under this law is the first step toward justice and accountability. If you have lost a family member due to negligence, don’t wait—speak with a qualified Florida wrongful death lawyer to protect your family’s future.
Have you or someone you know suffered a wrongful death? Contact Florida Personal Injury 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.
