Who Can File a Wrongful Death Claim in Florida?
Losing a family member because of someone else's negligence is devastating. On top of the grief, you may be facing medical bills, funeral costs, and lost income. Florida law gives certain family members the right to seek compensation through a wrongful death claim — but the rules about who can file and when are strict. Understanding them early can protect your rights.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a civil lawsuit filed when someone dies because of another party's negligent, reckless, or intentional act. Common examples include car accidents, medical malpractice, defective products, and workplace accidents.
Florida's wrongful death law is governed by the Florida Wrongful Death Act (Sections 768.16–768.26, Florida Statutes). This law defines exactly who may bring a claim, who benefits from any recovery, and what types of losses can be compensated.
Who Has the Legal Right to File?
In Florida, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. The personal representative is named in the decedent's will, or appointed by a probate court if there is no will.
This does not mean only the personal representative benefits. The personal representative files on behalf of all eligible survivors, who are called "survivors" under the statute. Those survivors may include:
- Spouse of the deceased
- Children of the deceased (including minor children and, in some cases, adult children)
- Parents of the deceased
- Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services
The personal representative and survivors work together, but the lawsuit is filed under one case rather than separate individual claims.
What Damages Can Survivors Recover?
The Florida Wrongful Death Act separates damages into two categories: estate claims and survivor claims.
Estate claims may include:
- Lost earnings the deceased would have earned from the time of injury to death
- Medical and funeral expenses
Survivor claims vary by relationship. For example:
- A surviving spouse may claim loss of companionship, protection, mental pain, and suffering.
- Minor children may claim loss of parental companionship, instruction, and guidance.
- Adult children can recover damages only if there is no surviving spouse.
- Parents of a minor child who dies may claim mental pain and suffering.
- Parents of an adult child can recover mental pain and suffering only if there are no other survivors.
Every family situation is different. Start a free intake at LeadGod to get connected with an attorney who can explain what your family may be entitled to.
Florida's Statute of Limitations: Don't Miss the Deadline
Time is critical. Under Florida Statute § 95.11, the deadline to file a wrongful death lawsuit is generally two years from the date of death. Missing this deadline almost always means losing your right to sue entirely.
There are some narrow exceptions — for example, cases involving fraud, concealed causes of death, or claims against government entities often have different rules and may require earlier notice. Because these exceptions are complex, it is important to speak with an attorney as soon as possible rather than assume you have more time.
How Florida's Fault Rules Affect Your Case
Florida follows a modified comparative negligence rule as of 2023. Under this standard, if the deceased person was found to be more than 50% at fault for the incident that caused their death, the surviving family may be barred from recovering damages. If the deceased was 50% or less at fault, any recovery is reduced by their percentage of fault.
This change (signed into law in 2023) makes it even more important to build a strong case early. Evidence disappears, witnesses forget details, and insurance companies move quickly to protect themselves.
Connect with our intake team to get matched with a Florida wrongful death attorney who can assess fault and liability in your case.
Steps to Take After a Wrongful Death
- Secure a personal representative. If one is not already named, a probate court can appoint one.
- Preserve evidence. Gather accident reports, medical records, photos, and witness contact information.
- Avoid talking to insurance adjusters alone. Statements can be used against you.
- Consult a wrongful death attorney quickly. Most work on contingency — no upfront fees.
- Track all expenses. Keep records of funeral costs, medical bills, and any lost household income.
Frequently Asked Questions
Can adult children file a wrongful death claim in Florida?
Adult children can be listed as survivors and may recover damages, but only if the deceased left no surviving spouse. If there is a surviving spouse, adult children generally cannot recover for mental pain and suffering under Florida law.
What if the deceased had no will and no named personal representative?
A family member — often the closest next of kin — can petition the probate court to be appointed as the personal representative. An attorney can help you navigate this process quickly so the lawsuit can be filed within the statute of limitations.
Can parents file if their adult child is killed?
Yes, parents of an adult child who dies may recover for mental pain and suffering, but only if there is no surviving spouse, children, or other dependents listed as survivors. The more survivors there are, the more complex the distribution of damages becomes.
How long does a Florida wrongful death case take?
Timelines vary widely. Some cases settle in months; others go to trial and take years. Complexity, available insurance coverage, the number of defendants, and willingness to negotiate all affect timing. An attorney can give you a realistic estimate based on your specific facts.
Does it cost anything to start a wrongful death claim?
Most Florida wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they recover money for your family. Initial consultations are typically free. You can also start a free, no-obligation intake here to learn your options right away.
Talk to our 24/7 AI to see if you have a strong case — free, no obligation. → Start free intake