In Florida, only the personal representative of a deceased person’s estate can file a wrongful death claim. The lawsuit is brought for the benefit of eligible survivors, including a spouse, children, parents, and certain dependent relatives. Losing someone you love is devastating enough without having to navigate complicated legal rules.
Experienced and compassionate Florida wrongful death lawyers can pursue your case and fight to get you the justice and compensation you may be entitled to.
The Florida Wrongful Death Act
The Florida Wrongful Death Act, found in Florida Statutes §§ 768.16 through 768.26, establishes how wrongful death claims work in Florida. The law is designed to shift losses caused by a wrongful death away from the surviving family and onto the person or party responsible for causing the death.
Under Fla. Stat. § 768.19, a wrongful death claim may arise when a person's death results from a wrongful act, negligence, default, or breach of contract or warranty, provided the circumstances would have allowed the deceased person to bring a claim had death not occurred.
The important point is that Florida law does not allow every surviving family member to file an individual lawsuit. Instead, the claim follows a specific legal process, with the personal representative bringing one action for the benefit of the estate and eligible survivors.
Who the Personal Representative Is and How They Are Chosen
It is important to understand who can sue for wrongful death in Florida. The personal representative is the person legally authorized to bring the wrongful death lawsuit. This person may also be referred to as an executor or administrator of the estate.
When the deceased left a valid will, the will may identify the person who should serve as personal representative. The probate process then determines whether that person can serve. When there is no will, the probate court appoints a personal representative under Florida's probate laws.
One Lawsuit Represents the Survivors
Fla. Stat. § 768.20 specifically provides that the wrongful death action must be brought by the decedent's personal representative. The legal representatives filing wrongful death claims in FL seek damages for the benefit of the decedent's survivors and estate.
Beneficiaries Must Be Identified
Florida law requires potential beneficiaries and their relationships to the deceased to be identified in the complaint. The damages available to each survivor depend on the person's relationship to the deceased and the losses recognized under the Wrongful Death Act.
Who Benefits: Survivors Under Florida Law
The Florida Wrongful Death Act defines “survivors” and establishes which family members may potentially recover damages. The exact rights of each person depend on the family relationship and, in some situations, whether that person depended on the deceased for support or services.
- Surviving spouse: A surviving husband or wife may qualify for damages recognized under the Wrongful Death Act, including losses connected to companionship, protection, and support.
- Children: Children may recover certain damages resulting from the loss of their parent. Florida law has specific rules concerning the age of children and the damages available to them.
- Parents: Parents may be eligible for damages following the death of a child, although the applicable rules differ depending on whether the deceased child was a minor or an adult.
- Dependent relatives and siblings: Certain blood relatives and adoptive brothers and sisters may qualify when they were partly or wholly dependent on the deceased for support or services.
Eligibility is tied to the relationships and circumstances recognized by Florida law. That is why determining Florida wrongful death claim eligibility requires looking carefully at the family structure and the deceased person's financial and household contributions.
What Each Survivor Class Can Recover
Statutes § 768.21 sets out categories of wrongful death damages Florida that may be recovered by survivors and the estate.
Spouse
A surviving spouse may be entitled to damages for the loss of the deceased person's companionship and protection, along with mental pain and suffering associated with the death. The spouse may also have a claim for lost support and services.
Children
Children may recover for the loss of parental companionship, instruction, and guidance, along with applicable mental pain and suffering. Florida law contains specific age-related rules, including provisions concerning children under 25.
Parents
Parents may be entitled to damages for mental pain and suffering caused by the death of their child. The statute contains different provisions depending on whether the deceased child was a minor or an adult.
All Eligible Survivors
Survivors may potentially recover the value of lost support and services, both for losses occurring before death and qualifying future losses. The calculation can involve the deceased person's income, contributions, and services provided to the family.
The Estate
The estate may have claims for certain losses, including the deceased person's lost earnings and net accumulations, as well as qualifying medical and funeral expenses. The specific recoverable damages depend on the applicable statutory provisions.
Medical malpractice cases require additional care because Florida Statutes § 768.21(8) contains specific provisions concerning certain wrongful death damages arising from medical negligence.
The Two-Year Deadline
Florida's wrongful death statute of limitations generally requires a wrongful death action to be filed within two years of the date of death. Fla. Stat. § 95.11(4)(e) specifically lists an action for wrongful death among actions that must be commenced within two years.
Notice that the period is tied to the date of death, not simply the date of the underlying accident or injury. That distinction can matter when someone survives an accident or injury for a period of time before passing away.
There can be exceptions or other legal rules affecting a particular case, so the applicable deadline should be evaluated based on the actual circumstances rather than assumed.
How Gerber Law Helps Families
Since 1999, Maria Gerber has helped Southwest Florida families navigate personal injury and wrongful death claims. Our Venice wrongful death attorney can assist with the legal process, including issues surrounding personal representative appointment. The firm has offices in Venice and Sarasota and offers free, compassionate consultations to families seeking answers after a devastating loss.
Frequently Asked Questions
Can a surviving spouse file a wrongful death lawsuit directly?
No. The surviving spouse may be an eligible beneficiary, but Florida law requires the personal representative of the deceased person's estate to bring the wrongful death action. A surviving spouse may also serve as the personal representative.
What if my loved one died without a will?
The absence of a will does not prevent a wrongful death claim. The probate court can appoint a personal representative to administer the estate and bring the claim. The appointment process depends on Florida probate law.
Can siblings recover in a Florida wrongful death case?
Yes, but only when the statutory requirements are satisfied. Florida law allows certain blood relatives and adoptive brothers and sisters to qualify as survivors when they were partly or wholly dependent on the deceased for support or services.
Get Strong Legal Representation from Our Florida Wrongful Death Attorneys
At Gerber Law, we understand how difficult this period can be. Since 1999, attorney Maria Gerber and her legal team have advocated for Southwest Florida families, with offices in Venice and Sarasota. Call us at 941-484-2700 to schedule a free consultation.
