Florida’s Wrongful Death Act: What Families Need to Know
Quick answer: Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) allows a court-appointed personal representative to file a lawsuit on behalf of surviving family members when a death results from another party’s negligence or wrongful act. Eligible survivors — including spouses, children, and parents — may recover both economic and non-economic damages.
Losing a loved one is devastating. When that loss stems from someone else’s negligence, families are left grieving while also facing mounting financial and legal uncertainty. Florida’s Wrongful Death Act exists to provide a legal path forward — allowing surviving family members to seek justice and financial relief. The wrongful death law firm at the Law Offices of Amanda E. Wright can help.
What Is Florida’s Wrongful Death Act?
Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) permits surviving family members to pursue legal action when a death is caused by another party’s negligence or wrongful conduct.
Rather than filing individual lawsuits, eligible survivors bring their claims through a single court-appointed personal representative — typically the executor of the deceased’s estate — who files the lawsuit on their behalf.
What Is the Statute of Limitations for Florida Wrongful Death Claims?
Florida law sets a strict two-year statute of limitations for most wrongful death cases, beginning from the date of death. Missing this deadline generally bars survivors from recovering any damages, making early legal action critical.
Who Can Recover Damages Under Florida’s Wrongful Death Act?
Florida law defines a specific group of eligible survivors. Not all family members qualify, and the type of damages each can recover varies.
- Spouses: A surviving spouse may recover for lost companionship, mental pain and suffering, and lost support and services.
- Children (including those under 25): Minor children — and, in some cases, adult children under 25 — may recover for lost parental companionship, instruction, and guidance, as well as mental pain and suffering.
- Parents: Parents of a deceased minor child may recover for mental pain and suffering. Parents of an adult child may also recover under certain conditions.
- Dependent Blood Relatives and Adoptive Siblings: Those who depended on the deceased for support or services may also be eligible.
What Types of Damages Can Be Recovered?
Florida Statute § 768.21 outlines three main categories of recoverable damages:
Damages for Survivors
Eligible survivors may recover for lost support and services the deceased would have provided, as well as medical and funeral expenses paid by the survivors.
Damages for Spouses and Minor Children
Spouses and minor children may seek compensation for mental pain and suffering, loss of companionship, and loss of the deceased’s guidance and protection.
Damages for the Estate
The deceased’s estate may recover lost earnings the deceased would have accumulated from the date of injury to death, as well as net accumulations — the portion of future earnings the deceased would have saved had they lived.
Important Exceptions: What Families in Medical Malpractice Cases Should Know
One significant restriction applies specifically to medical malpractice wrongful death cases. If the deceased was unmarried, over the age of 25, and had no minor children at the time of death, adult children and parents cannot recover non-economic damages — such as mental pain and suffering or loss of companionship — in a medical malpractice claim.
This exception does not apply to all wrongful death cases — only those involving medical malpractice. Families in this situation should consult a qualified Florida wrongful death attorney to understand exactly what they may be entitled to recover.
Frequently Asked Questions About Florida Wrongful Death Claims
1. Who files a wrongful death lawsuit in Florida?
A court-appointed personal representative files the lawsuit on behalf of all eligible survivors. This is typically the executor of the deceased’s estate.
2. How long do I have to file a wrongful death claim in Florida?
Most Florida wrongful death claims must be filed within two years of the date of death. Waiting too long may permanently forfeit your right to recover damages.
3. Can adult children recover damages in a Florida wrongful death case?
It depends. In standard wrongful death cases, adult children may be eligible. In medical malpractice cases, adult children cannot recover non-economic damages if the deceased was unmarried and over 25 with no minor children.
4. What is the difference between economic and non-economic damages in a wrongful death case?
Economic damages cover measurable financial losses like lost income, medical bills, and funeral costs. Non-economic damages cover intangible losses such as mental pain, suffering, and loss of companionship.
Speak With a Florida Wrongful Death Attorney Today
Florida’s Wrongful Death Act provides a vital legal remedy — but navigating its provisions, deadlines, and exceptions is complex, particularly while grieving.
If your family has lost a loved one due to a personal injury that resulted in wrongful death in Florida, the Law Offices of Amanda E. Wright is here to help. Our team is committed to guiding families through the legal process with compassion and experience.
Contact us today to discuss your case and learn how we can help your family pursue the justice it deserves.
