Losing a loved one is always painful—but when the loss is due to someone else’s negligence or wrongdoing, Florida law may allow surviving family members to file a wrongful death lawsuit. Understanding what qualifies as a “wrongful death” under Florida law is the first step toward justice, accountability, and financial recovery.
Florida's Legal Definition of Wrongful Death
Under Florida Statutes § 768.19, a wrongful death occurs when a person’s death is caused by:
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A wrongful act
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Negligence
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Default
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Breach of contract or warranty
In other words, if the deceased person would have had the right to file a personal injury lawsuit had they survived, then their family may have the right to file a wrongful death claim on their behalf.
Common Situations That Lead to Wrongful Death Claims in Florida
Wrongful death cases can arise in a variety of contexts, including:
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Car Accidents: Especially those caused by drunk driving, reckless driving, or distracted driving
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Medical Malpractice: Such as surgical errors, misdiagnosis, or delayed treatment
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Workplace Accidents: Particularly in construction or industrial settings
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Nursing Home Negligence or Abuse
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Defective Products: Including faulty machinery, auto parts, or pharmaceuticals
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Criminal Acts: Such as assault, manslaughter, or murder
Even if the at-fault party is facing criminal charges, a separate civil wrongful death claim can be pursued for compensation.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law specifies that the personal representative of the deceased’s estate must file the wrongful death lawsuit. This representative acts on behalf of the surviving family members, who may include:
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The surviving spouse
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Minor children
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Adult children (in some circumstances)
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Parents (especially if the deceased was a minor or not married)
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Other dependents who relied on the decedent for financial support
Types of Compensation Available
A successful wrongful death lawsuit in Florida may result in compensation for:
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Medical expenses related to the final injury or illness
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Funeral and burial costs
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Loss of the deceased’s income and future earnings
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Loss of companionship, protection, and guidance
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Emotional pain and suffering (for certain family members)
Damages are governed by Florida Statutes § 768.21, which outlines how compensation is distributed among survivors.
Time Limit to File a Wrongful Death Claim in Florida
The statute of limitations for wrongful death cases in Florida is typically two years from the date of death. However, exceptions may apply in cases involving medical malpractice or when the at-fault party is a government entity. It’s critical to consult a wrongful death attorney as early as possible to preserve your rights.
Speak to a Florida Wrongful Death Lawyer Today
If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate the legal system alone. A Florida wrongful death attorney can guide you through the process, protect your rights, and help your family pursue the justice and compensation you deserve.
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.
