Losing a loved one is one of life’s most devastating experiences, especially when the loss was caused by someone else’s negligence or wrongful act. Florida law gives families a way to seek justice and financial relief through a wrongful death claim. But what exactly is a wrongful death claim in Florida, who can file one, and how does the process work?
In this guide, the attorneys at Fenimore Injury Law explain the key elements of a wrongful death claim under Florida law and what families need to know when pursuing compensation for their loss.
1. Defining a Wrongful Death Claim in Florida
A wrongful death claim is a legal action brought when a person’s death is caused by another party’s negligence, recklessness, or intentional misconduct. The purpose of the claim is to hold the responsible party accountable and recover damages for the surviving family members.
In Florida, wrongful death actions are governed by the Florida Wrongful Death Act. This law outlines who may file a claim, what types of damages can be recovered, and the deadlines for filing.
2. Who Can File a Wrongful Death Claim in Florida?
Under Florida law, the personal representative of the deceased person’s estate must file the wrongful death claim on behalf of the surviving family members. The personal representative is often named in the deceased’s will. If there is no will, the court appoints someone—usually a close family member—to act in this capacity.
The beneficiaries who can recover damages in a wrongful death case include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support
3. Common Causes of Wrongful Death in Florida
Wrongful death cases can arise in many different situations. At Fenimore Injury Law, our attorneys handle a wide range of fatal accident claims throughout Florida, including:
- Car accidents and truck accidents caused by speeding, distracted driving, or impaired drivers
- Medical malpractice, including surgical errors, misdiagnosis, or delayed treatment
- Workplace accidents resulting from unsafe conditions or lack of proper training
- Defective products that lead to fatal injuries
- Premises liability incidents, such as fatal slips, falls, or negligent security cases
- Criminal acts where intentional harm led to death
Each case requires careful investigation to determine who was at fault and to gather the evidence needed to prove liability.
4. Types of Damages Recoverable in a Wrongful Death Case
Florida law allows families to seek both economic and non-economic damages in wrongful death claims. These damages compensate for the financial and emotional losses that result from a loved one’s death.
Economic Damages
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Value of household services the deceased provided
Non-Economic Damages
- Pain and suffering experienced by surviving family members
- Loss of companionship, protection, and guidance
- Emotional distress caused by the unexpected loss
In certain cases involving gross negligence or intentional misconduct, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior in the future.
5. Florida’s Statute of Limitations for Wrongful Death
One of the most important aspects of filing a wrongful death claim is timing. In most cases, families in Florida have two years from the date of death to file a claim. This deadline is known as the Florida wrongful death statute of limitations. Missing this deadline can result in losing the right to pursue compensation entirely.
However, there are exceptions that may extend or shorten the filing period. For example, cases involving medical malpractice or government entities may follow special rules. Because of this, it’s essential to speak with an experienced wrongful death lawyer as soon as possible to protect your rights.
6. Proving Liability in a Wrongful Death Case
To succeed in a wrongful death claim, the plaintiff must prove that another party’s negligence or misconduct directly caused the death. This typically requires demonstrating four legal elements:
- Duty of care: The defendant had a legal duty to act reasonably and prevent harm.
- Breach of duty: The defendant failed to uphold that duty through negligence or wrongful actions.
- Causation: The breach of duty directly caused the victim’s death.
- Damages: The surviving family members suffered measurable losses as a result.
Gathering evidence—such as accident reports, medical records, witness statements, and expert testimony—is key to proving these elements and building a strong case.
7. The Legal Process for Filing a Wrongful Death Claim in Florida
The process for pursuing a wrongful death claim generally involves several steps:
- Consultation and case evaluation: Meet with a wrongful death attorney to discuss your situation and determine whether you have a valid claim.
- Investigation: Your attorney will gather evidence, consult experts, and identify all potential defendants.
- Filing the claim: The personal representative files the lawsuit in civil court on behalf of the estate and beneficiaries.
- Negotiation: Most cases are resolved through settlements before trial. Your attorney will negotiate for fair compensation.
- Trial: If a settlement cannot be reached, your case may proceed to trial, where a judge or jury decides the outcome.
8. Why You Need a Florida Wrongful Death Attorney
Wrongful death cases are emotionally charged and legally complex. Having a knowledgeable attorney ensures that your case is handled correctly and that your family receives the full compensation you deserve. A skilled lawyer can:
- Navigate Florida’s wrongful death laws and court procedures
- Accurately calculate the full value of your claim
- Handle communication with insurance companies and opposing counsel
- Represent you in court if litigation becomes necessary
At Fenimore Injury Law, our experienced team is dedicated to helping Florida families seek justice after a wrongful death. We combine compassionate support with aggressive advocacy to ensure you are never alone during this difficult time.
9. Frequently Asked Questions About Wrongful Death in Florida
How is a wrongful death claim different from a criminal case?
A wrongful death claim is a civil lawsuit seeking financial compensation, while a criminal case is filed by the state and may result in penalties like imprisonment. It’s possible for both to proceed simultaneously.
Can multiple family members file separate wrongful death claims?
No. Only the personal representative of the deceased’s estate can file one claim on behalf of all eligible survivors.
What happens if the at-fault party doesn’t have insurance?
Your attorney may pursue other avenues for recovery, such as personal assets, employer liability, or third-party claims.
How long does a wrongful death case take?
The timeline varies depending on the complexity of the case and whether it settles or goes to trial. Many cases take several months to over a year to resolve.
See more frequently asked questions on our Pensacola, wrongful death page.
10. Taking the Next Step Toward Justice
Understanding what a wrongful death claim in Florida entails is the first step toward protecting your family’s rights. If you believe your loved one’s death was caused by negligence, it’s important to act quickly. Evidence can disappear, witnesses’ memories fade, and the statute of limitations may run out before you realize it.
Let the compassionate Pensacola wrongful death attorneys at Fenimore Injury Law help you navigate this process and fight for the justice your family deserves. Contact us today for a free consultation.
Additional Resources
- Nolo: Florida Wrongful Death Laws Explained
- Centers for Disease Control and Prevention: Fatal Injury Reports
Fenimore Injury Law proudly serves clients throughout Florida, helping families pursue justice after wrongful death, personal injury, and catastrophic loss.