In Pain? Call Caine
Who Can File a Wrongful Death Claim in Florida?
4 min read
By: Caine Law
Share
Quick answer
In Florida, a wrongful death lawsuit is filed by the personal representative of the person’s estate, not by individual family members. The personal representative brings one claim on behalf of the estate and all eligible survivors, such as a spouse, children, and parents. The deadline to file is generally two years from the date of death.
Key takeaways
Only the personal representative of the estate can file the lawsuit.
The personal representative is usually named in the will or appointed by a court.
Survivors who can recover include the spouse, children, parents, and certain dependent relatives.
Both the survivors and the estate can recover different types of damages.
The filing deadline is generally two years from the date of death.
In this article
Who files a wrongful death lawsuit in Florida?
Which family members can recover damages?
What damages are available?
How long do families have to file?
What should a family do first?
Frequently asked questions
About the author
Who files a wrongful death lawsuit in Florida?
Under Florida’s Wrongful Death Act, the lawsuit is filed by the decedent’s personal representative. The personal representative is the person responsible for the estate, typically named in the will or, if there is no will, appointed by a probate court.
The personal representative is often a spouse, adult child, or parent, but it does not have to be. Even when one person files, the case is brought for the benefit of the estate and every eligible survivor. Our guide to the wrongful death lawsuit process explains the steps after filing.
Which family members can recover damages?
Florida law defines “survivors” who may recover damages through the wrongful death claim. They include:
The decedent’s spouse
Children (Florida treats children under 25 as “minor children” for wrongful death damages)
Parents
Blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the decedent for support or services
Who recovers what depends on the family relationship and on which other survivors exist. For example, adult children may recover for lost companionship and pain and suffering when there is no surviving spouse.
What damages are available?
Florida wrongful death damages fall into two groups: what survivors recover and what the estate recovers.
Who recovers | Examples of damages |
Surviving spouse | Lost support and services; loss of companionship and protection; mental pain and suffering |
Minor children (under 25) | Lost support; lost parental companionship, instruction and guidance; mental pain and suffering |
Parents of a deceased minor child | Mental pain and suffering |
Survivors who paid them | Medical and funeral expenses |
The estate | Lost earnings from injury to death; medical and funeral expenses paid by the estate; in some cases, the value of lost future savings |
Medical negligence cases have additional limits on which adult children and parents can recover non-economic damages. Proposals to change those limits have been debated in recent legislative sessions, so families in medical cases should confirm the current law with an attorney.
How long do families have to file?
The deadline to file a wrongful death lawsuit in Florida is generally two years from the date of death. Medical malpractice deaths and claims against government agencies can follow different rules. For a full breakdown, see how long you have to file a personal injury claim in Florida.
What should a family do first?
Grief comes first, and no family should feel rushed. A few early steps help protect the claim:
Keep copies of the death certificate, medical records, and any police or crash report.
Save bills for medical care, funeral, and burial costs.
Gather pay stubs or tax returns showing the decedent’s income.
Avoid recorded statements to insurance companies.
Talk with an attorney about who should serve as personal representative.
Frequently asked questions
Can a parent file a wrongful death claim for an adult child?
The lawsuit itself is filed by the personal representative. Parents of an adult child may recover certain damages, particularly when there is no surviving spouse or children, with additional limits in medical negligence cases.
Can a girlfriend, boyfriend, or fiancé recover?
Generally, no. Florida’s definition of survivors includes spouses but not unmarried partners, unless they qualify another way, such as through dependency as a blood relative.
What if there is no will?
A probate court can appoint a personal representative. An attorney can help start that process so the claim is not delayed.
Is a wrongful death claim the same as a criminal case?
No. A wrongful death claim is a civil case for compensation. It can proceed whether or not criminal charges are filed.
About the author
Daniel Caine is the founding attorney of Caine Law in Miami. He has more than 20 years of legal experience, including years defending insurance companies, and now represents families in wrongful death cases and people injured in accidents across Florida. He is licensed in Florida and Ohio.
Have questions after losing a loved one? Schedule a free, confidential consultation with Caine Law.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different.
