Losing a loved one unexpectedly is devastating, especially when the death was caused by someone else’s negligence or misconduct. In these situations, Florida law allows surviving family members to seek justice and financial compensation through a wrongful death lawsuit. However, many families are surprised to learn that not everyone is legally allowed to file a wrongful death claim.
Understanding who can file a wrongful death lawsuit in Florida, who may recover compensation, and how the process works is critical to protecting your family’s rights during an already difficult time.
This guide explains Florida’s wrongful death laws, eligible parties, and what families should know before pursuing a claim.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought when a person’s death is caused by the wrongful act, negligence, or breach of duty of another party. These claims are intended to compensate surviving family members for the losses they suffer due to the death.
Common causes of wrongful death in Florida include:
- Car, truck, and motorcycle accidents
- Rideshare and commercial vehicle crashes
- Medical malpractice
- Workplace accidents
- Defective or dangerous products
- Nursing home abuse or neglect
- Criminal acts
Unlike criminal cases, which are prosecuted by the state, wrongful death claims are civil lawsuits focused on financial accountability and compensation for survivors.
Florida’s Wrongful Death Law Explained
Florida wrongful death claims are governed by the Florida Wrongful Death Act, which sets strict rules on who may file a lawsuit and who may recover damages.
One of the most important distinctions under Florida law is that individual family members do not file wrongful death lawsuits on their own. Instead, the law requires the claim to be filed by a specific party.
Who Actually Files the Wrongful Death Lawsuit in Florida?
Under Florida law, only the personal representative of the deceased person’s estate is allowed to file a wrongful death lawsuit.
Who is the personal representative?
The personal representative is typically:
- Named in the deceased person’s will, or
- Appointed by the probate court if there is no will
The personal representative files the lawsuit on behalf of the estate and surviving family members, not for themselves alone.
This structure helps ensure that all eligible survivors’ interests are represented fairly in a single legal action.
Who Can Recover Compensation in a Florida Wrongful Death Case?
Although the personal representative files the lawsuit, multiple surviving family members may be entitled to compensation. Florida law clearly defines who qualifies as a “survivor.”
Eligible survivors may include:
1. The Surviving Spouse
A surviving spouse is often entitled to significant compensation, including:
- Loss of companionship and protection
- Mental pain and suffering
- Loss of financial support and services
In many cases, the spouse is the primary beneficiary of a wrongful death recovery.
2. Children of the Deceased
Minor children (under age 25) may recover:
- Lost parental companionship, instruction, and guidance
- Mental pain and suffering
- Lost financial support
Adult children (age 25 or older) may recover damages only if there is no surviving spouse, particularly in cases involving mental pain and suffering.
3. Parents of the Deceased
Parents may recover damages when:
- The deceased child was a minor, or
- The deceased adult child had no surviving spouse or children
And parents may seek compensation for:
- Mental pain and suffering
- Loss of companionship and support
4. Other Blood Relatives and Adoptive Siblings
In limited circumstances, Florida law allows:
- Blood relatives
- Adoptive siblings
to recover damages if they were financially dependent on the deceased for support or services.
This dependency requirement is strict and often requires detailed financial evidence.
What About the Estate’s Damages?
In addition to compensation awarded to survivors, the estate itself may recover damages, including:
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
- Lost earnings from the date of injury to death
- Loss of future net accumulations (what the deceased would likely have saved or accumulated)
These damages become part of the estate and are distributed according to the will or Florida probate law.
What If the Deceased Had No Will?
If the deceased did not leave a will, the probate court will appoint a personal representative. This person still has the authority to file a wrongful death lawsuit on behalf of eligible survivors.
The absence of a will does not prevent a wrongful death claim, but it can complicate:
- Appointment of the personal representative
- Distribution of recovered damages
This is one reason many families seek legal guidance early in the process.
What If Multiple Family Members Disagree?
Disputes among surviving family members are unfortunately common in wrongful death cases. Common issues include:
- Who should serve as personal representative
- How damages should be distributed
- Whether to accept a settlement or proceed to trial
Florida law requires that all survivor claims be brought together in one lawsuit, which helps avoid multiple competing cases. However, resolving internal disputes often requires experienced legal handling to ensure fairness and compliance with the law.
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Florida generally imposes a two-year statute of limitations for wrongful death claims. This means the lawsuit must be filed within two years of the date of death.
Exceptions may apply in rare cases, such as:
- Medical malpractice involving delayed discovery
- Fraud or intentional concealment
Missing the deadline can permanently bar your right to compensation, making timely legal action essential.
What If the Death Was Caused by a Car or Rideshare Accident?
Wrongful death claims arising from car accidents, trucking crashes, or rideshare collisions often involve:
- Multiple insurance policies
- Corporate liability issues
- Disputes over fault and coverage
While Florida’s no-fault insurance system applies to injury claims, wrongful death cases are handled differently and typically proceed directly against the at-fault party or their insurer.
In rideshare-related deaths, additional insurance coverage may be available depending on the driver’s status at the time of the crash.
What If the Death Was Caused by Medical Malpractice?
Medical malpractice wrongful death claims in Florida are subject to additional legal requirements, including:
- Pre-suit investigations
- Expert medical opinions
- Shorter deadlines in some circumstances
These cases are complex and require careful compliance with procedural rules before filing a lawsuit.
Do Criminal Charges Affect a Wrongful Death Lawsuit?
A wrongful death claim is independent of any criminal case. Even if:
- No criminal charges are filed
- Charges are dismissed
- The defendant is found not guilty
The family may still pursue a wrongful death lawsuit under the lower civil burden of proof.
Why Legal Guidance Matters in Florida Wrongful Death Cases
Florida wrongful death law is highly specific about:
- Who may file
- Who may recover
- What damages are allowed
Mistakes in identifying eligible survivors or properly filing the claim can reduce or eliminate compensation. Additionally, insurance companies often challenge wrongful death claims aggressively due to their high financial value.
Working with an attorney familiar with Florida wrongful death law can help ensure:
- All eligible survivors are included
- Deadlines are met
- Damages are fully and fairly pursued
Final Thoughts
So, who can file a wrongful death lawsuit in Florida? The answer is clear under the law: only the personal representative of the estate may file the lawsuit, but the claim is brought for the benefit of surviving family members who meet Florida’s legal definition of survivors.
Because wrongful death cases involve strict rules, emotional stakes, and significant financial consequences, understanding your rights is an important first step. Families facing the loss of a loved one may benefit from speaking with a Florida attorney experienced in wrongful death cases to better understand their options and protect their future.
Navigating a wrongful death lawsuit in Florida can be overwhelming, especially while grieving the loss of a loved one. Chubb Law Accident & Injury Attorneys has extensive experience representing families in complex wrongful death cases throughout Florida, including claims arising from car accidents, rideshare crashes, and other acts of negligence.
Their team understands the strict requirements of the Florida Wrongful Death Act, including who may file a claim, how damages are calculated, and how compensation is distributed among surviving family members.
By handling every aspect of the legal process—from investigation and probate coordination to negotiations with insurance companies—Chubb Law allows families to focus on healing while their attorneys fight for full and fair compensation. With no upfront fees and a commitment to personalized representation, Chubb Law provides trusted guidance during one of life’s most difficult times.