Losing a loved one because of someone else’s negligence or wrongful act is devastating. Along with the emotional toll, surviving family members are often left facing unexpected financial burdens, such as medical bills, funeral expenses, and the loss of income and support. Florida law provides a path for justice through a wrongful death lawsuit—but only certain individuals have the legal right to file.
The Florida Wrongful Death Act
Wrongful death claims in Florida are governed by the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26). This law outlines who may bring a lawsuit and what types of damages may be recovered. Unlike many other states, Florida requires that the lawsuit be filed by the personal representative of the deceased person’s estate—not directly by family members.
The personal representative acts on behalf of both the estate and the surviving family members who are legally entitled to damages.
Who Can Benefit From a Wrongful Death Lawsuit?
While the personal representative files the case, the following survivors may be entitled to compensation:
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Spouse – A surviving husband or wife may recover for loss of companionship, protection, and mental pain and suffering.
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Children – Minor children can recover damages for loss of parental companionship, instruction, and guidance, along with emotional pain and suffering. In certain cases, adult children may also be eligible.
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Parents – Parents of a deceased minor child may recover for mental pain and suffering. If an adult child dies, parents may sometimes recover if there are no other survivors.
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Other Dependents – Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services may also qualify for compensation.
Types of Damages Available
Wrongful death damages can include both economic and non-economic losses:
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Final medical and funeral expenses
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Lost income, benefits, and support the deceased would have provided
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Loss of companionship, care, and guidance
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Emotional pain and suffering for certain survivors
Why Legal Representation Matters
Wrongful death cases in Florida can be complex. Strict rules apply to who can recover damages, how they are divided among survivors, and how claims must be presented in court. Having an experienced wrongful death attorney ensures that all eligible survivors are included, deadlines are met, and the maximum recovery is pursued.
Conclusion
If you’ve lost a loved one due to negligence, medical malpractice, or a preventable accident, you may have the right to seek justice through a wrongful death claim. Consulting with a Florida wrongful death attorney can help you understand your rights and take the next steps toward accountability and recovery.
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.
