Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
Who can file a wrongful death lawsuit in Florida?
Under Florida's Wrongful Death Act, Fla. Stat. §§ 768.16–768.26, the claim is filed by the personal representative of the person's estate, for the benefit of the estate and the surviving family members.
The personal representative is usually named in the will or appointed by the probate court. Survivors who can recover include the spouse, children, parents, and certain relatives who were partly or wholly dependent on the person for support or services.
What damages are available in a Florida wrongful death case?
Survivors can recover for lost support and services, loss of companionship and guidance, and mental pain and suffering. The estate can recover lost earnings, medical bills, and funeral expenses.
Which family members can recover which damages depends on their relationship and age, under Fla. Stat. § 768.21. For example, children of any age may recover for lost companionship and guidance if there is no surviving spouse, and parents of an adult child may recover for their pain and suffering only if there are no other survivors. In deaths caused by medical negligence, adult children and parents of an adult child cannot recover those damages at all. § 768.21(8). I walk families through exactly what applies to them.
How long do we have to file a wrongful death claim in Florida?
Generally two years from the date of death. Fla. Stat. § 95.11(5)(e).
Claims involving government entities or medical negligence have extra notice and presuit requirements that take time, so the practical window is shorter. Evidence should be preserved as early as possible.
How do you handle a wrongful death case?
I handle it personally, from opening the estate with the family to preserving evidence, identifying every insurance policy, and preparing the case for trial.
In crash deaths, that means the vehicle data, the scene, the other driver's phone records where appropriate, and every policy that could apply, including uninsured motorist coverage. See my guide to UM claims.
Common questions
Does the family have to pay anything up front?
No. I handle wrongful death cases on a contingency fee. You pay nothing unless there is a recovery.
Is a wrongful death case separate from a criminal case?
Yes. A civil wrongful death case can go forward whether or not criminal charges are filed, and it uses a lower standard of proof.
Who should be the personal representative?
Usually the person named in the will, or a close family member the court appoints. I can help the family through that process.
This page is general information about Florida law, not legal advice for your situation.