Losing a loved one because of someone else's negligence is an unimaginable tragedy. Florida's Wrongful Death Act gives surviving family members the right to seek justice and financial compensation — but the law is complex and the rules about who can file are specific.
Who Can File a Wrongful Death Claim in Florida?
In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased's estate — typically the executor named in the will. The lawsuit is brought on behalf of the estate and the surviving family members, which may include a surviving spouse, children, parents, and blood or adoptive relatives who were partly or wholly dependent on the deceased.
What Damages Can Be Recovered?
Florida's Wrongful Death Act allows recovery for medical and funeral expenses, lost earnings and benefits the deceased would have earned, loss of companionship and protection for a surviving spouse, loss of parental companionship for minor children, pain and suffering of surviving family members, and the deceased's own pain and suffering prior to death.
The Two-Year Deadline
Wrongful death claims in Florida must be filed within two years of the date of death. Do not wait — evidence must be preserved, witnesses must be identified, and the legal process takes time.
Common Causes of Wrongful Death Cases
Car and truck accidents, medical malpractice, premises liability accidents, workplace accidents, and criminal acts are among the most common causes of wrongful death claims in Florida.
Have questions about your case? Call Orlan Injury Law at 954-281-2540 for a free consultation. No fees unless we win.
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