When someone dies due to another person's or company's negligence, Florida law allows surviving family members to seek compensation through a wrongful death lawsuit. Understanding how this process works — and moving quickly — can make a meaningful difference in the outcome.
Who Can File a Wrongful Death Lawsuit in Florida
Under the Florida Wrongful Death Act (Florida Statute § 768.16–768.26), only the personal representative of the deceased's estate can file the lawsuit. This is typically someone named in the deceased's will, or appointed by the probate court if there is no will.
However, the damages recovered belong to the surviving family members — not the estate itself. The law identifies specific beneficiaries:
- Surviving spouse — loss of companionship, protection, and support
- Minor children — loss of parental companionship, instruction, and guidance
- Adult children (when no surviving spouse) — loss of parental companionship and instruction
- Parents (when the deceased had no spouse or children) — mental pain and suffering
What Damages Are Available
Economic damages:
- Medical and funeral expenses
- Lost wages, benefits, and future earnings the deceased would have provided
- Lost value of services the deceased provided to the household
Non-economic damages:
- Mental pain and suffering of surviving family members
- Loss of companionship, protection, instruction, and guidance
- Loss of consortium for the surviving spouse
The Two-Year Deadline Is Strict
Florida's statute of limitations for wrongful death claims is two years from the date of death. This deadline is enforced strictly — missing it almost certainly ends the family's legal options regardless of how strong the case is.
In some complex cases — such as those involving product liability or medical malpractice — additional procedural requirements apply and the timeline can be even tighter. Contact an attorney immediately.
Common Causes of Wrongful Death Cases We Handle
- Car, truck, and motorcycle accidents
- Medical malpractice and surgical errors
- Workplace accidents
- Defective products
- Slip and fall and premises liability
- Drowning and negligent supervision
- Nursing home and elder care negligence
The Difference Between Wrongful Death and Survival Claims
Florida allows two related claims:
A wrongful death claim compensates the surviving family members for their losses after the death.
A survival action allows the estate to pursue damages the deceased suffered between the time of injury and death — pain and suffering, medical expenses, and lost income during that period.
Both can often be filed together, and doing so is important in cases involving significant suffering before death.
What to Do Right Now
- Do not agree to any insurance settlement for the accident before consulting an attorney — early offers rarely account for the full scope of wrongful death damages
- Preserve all evidence from the accident or incident
- Gather financial records — the deceased's income, benefits, and financial contributions to the family
- Contact an attorney — the two-year window can pass quickly, and investigation takes time
Gonzalez Munoz Law has recovered over $3.1 million in a single wrongful death case — a TSA agent killed in a vehicle accident. We represent families throughout Miami-Dade and Broward County.
Call 305-770-6666 — available 24 hours, 7 days a week. The consultation is free. No fee unless we recover for your family.