Losing a family member because of someone else’s negligence raises two urgent questions: who has the legal right to act, and what compensation can actually help the family move forward? Wrongful death claims in Florida exist to answer both.
Florida’s Wrongful Death Act gives surviving family members a path to hold a negligent party accountable when that negligence causes a death. The law is specific about who can bring a claim, what losses can be recovered, and how long a family has to act. These cases, sometimes referred to as wrongful death suits or a wrongful death action, follow specific procedural rules under Florida law. Understanding these details early can protect your family’s rights and prevent costly delays.
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What Qualifies as a Wrongful Death Claim in Florida?
A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional act of another party. Common causes include:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Criminal acts
The claim does not need to involve a criminal conviction. Wrongful death claims in Florida are civil actions, filed separately from any criminal case, and the standard of proof is different from what prosecutors must meet in criminal court.
Who Can File a Wrongful Death Claim in Florida?
Florida law does not allow individual family members to file a wrongful death lawsuit on their own. Instead, the claim must be brought by the personal representative of the deceased person’s estate. This individual is typically named in the deceased’s will or appointed by the probate court if no will exists.
While the personal representative files the lawsuit, the recovery is intended for the benefit of the surviving family members the law defines as entitled to compensation. Under Florida Statutes Chapter 768, these survivors generally include:
- The deceased’s spouse
- Children of the deceased, including adult children in certain circumstances
- Parents of the deceased
- Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support
Florida law is particularly protective of surviving spouses and minor children, who often qualify for the largest share of survivors’ damages. Each survivor’s relationship to the deceased affects what they may be entitled to recover, which is one reason working with an experienced wrongful death attorney matters from the earliest stages of a case.
What Compensation Is Available in a Florida Wrongful Death Claim?
Many families want to know what compensation is available in a wrongful death claim before deciding how to proceed. Florida wrongful death claims allow for two types of damages: those recovered on behalf of the survivors and those recovered on behalf of the deceased’s estate.
Damages Available to Survivors
- Loss of support and services the deceased would have provided
- Loss of companionship, protection, and guidance
- Mental pain and suffering, particularly for a surviving spouse or minor children
- Loss of parental companionship and guidance for minor children
Understanding the damages available to survivors in a wrongful death case is an important part of evaluating any claim.
Damages Available to the Estate
- Medical, funeral and burial expenses related to the death
- Lost wages and benefits the deceased earned between the injury and death
- Loss of net accumulations the deceased was likely to have earned over their lifetime, often calculated using life expectancy tables
These damages are meant to reflect both the financial and emotional impact of losing a loved one. Every element of compensation ties back to the losses caused by a loved one’s death and the family’s need to rebuild afterward. Calculating damages in a wrongful death claim accurately often requires input from financial experts who can project lost future income and the value of services the deceased would have provided.
How Long Do You Have to File?
One of the most common questions we hear is how long do you have to file a wrongful death claim in Florida. Florida law sets a limited window for filing a wrongful death claim, typically measured in years from the date of death, and missing that deadline can permanently bar a family from recovering compensation. Because deadlines can vary depending on the circumstances of the death, including who is being sued and how the death occurred, families should speak with an attorney as soon as possible after a loss.
Why Families Work With Kelley | Uustal
Wrongful death cases carry emotional weight that most legal claims do not. Families are grieving while also trying to make decisions about medical bills, lost income, and the future.
Kelley | Uustal has represented families across South Florida in wrongful death claims involving catastrophic accidents, medical negligence, and defective products. Our team helps families through some of the most difficult times of their lives. Whether you are searching for a Wrongful Death Attorney or a Wrongful Death Lawyer, our attorneys handle the legal and financial complexity of these cases so families can focus on each other during an incredibly difficult time.
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Frequently Asked Questions
Can more than one family member file a wrongful death claim? No. Only the personal representative of the estate can file the lawsuit, though the recovery is distributed among eligible survivors as defined by Florida law.
Is there a difference between a wrongful death claim and a criminal case? Yes. A wrongful death claim is a civil action seeking financial compensation for the family. It is separate from any criminal charges that may result from the same incident.
Do I need a lawyer to file a wrongful death claim in Florida? While not legally required, wrongful death cases involve complex rules about damages, eligible survivors, and evidence. An experienced attorney can help ensure the claim is filed correctly and that the family’s full losses are accounted for.
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Conclusion
Wrongful death claims in Florida exist to help families recover financially after losing a loved one to someone else’s negligence, but the process involves specific legal requirements that can be easy to misunderstand. If your family has lost a loved one due to someone else’s negligence, contact Kelley | Uustal to discuss your case and learn what compensation may be available to you.
