A wrongful death claim in Florida is a civil lawsuit filed when someone dies because of another person’s or company’s negligence, wrongful act, or breach of duty. Under Florida Statutes §§ 768.16–768.26—known as the Florida Wrongful Death Act—surviving family members and the deceased’s estate may recover financial compensation from the party responsible. This guide explains exactly what qualifies, who can file, what damages are available, and how long families have to take action.

Key Takeaways

  • Florida wrongful death claims are civil actions, separate from any criminal case involving the same death.
  • Only the personal representative of the deceased’s estate may file the lawsuit—individual family members cannot file separately.
  • Eligible survivors include the spouse, children, and parents of the deceased, along with certain dependent relatives.
  • Florida law sets a general two-year deadline to file a wrongful death lawsuit from the date of death.
  • Missing that deadline typically ends the family’s right to any financial recovery.

What Is a Wrongful Death Claim in Florida?

Simple Definition of a Florida Wrongful Death Claim

A wrongful death claim is a civil lawsuit filed after someone dies because another person, business, or institution caused that death through negligence, misconduct, or a legally wrongful act. The claim asks a court—or an insurance company—to compensate the surviving family members and the estate for their losses.

Florida’s wrongful death law exists for a specific reason: to shift the financial burden of a preventable death away from the victim’s family and onto the party responsible.

How the Florida Wrongful Death Act Defines These Claims

The Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) sets the rules for these claims in the state. Under the Act, a wrongful death claim can arise from:

  • Negligence — a failure to use reasonable care (e.g., a distracted driver)
  • Wrongful acts — intentional misconduct that causes death
  • Breach of contract — a contractual obligation that was violated and led to death
  • Breach of warranty — a defective product sold without meeting safety promises

The law covers deaths caused by natural persons, corporations, and government entities, subject to specific procedural rules.

Wrongful Death Claims Are Civil Cases, Not Criminal Cases

A wrongful death lawsuit seeks financial compensation. It operates entirely in the civil court system. The standard of proof is lower than in a criminal case—families only need to show that the defendant’s conduct was more likely than not responsible for the death.

This distinction matters practically. A defendant can be acquitted in a criminal trial and still be found liable in a wrongful death civil case. The two proceedings are independent of each other.

When Can a Wrongful Death Claim Be Filed in Florida?

The Death Must Have Been Caused by Another Party’s Conduct

For a wrongful death claim to exist under Florida law, the death must be causally linked to another party’s actions or inactions. That party must have owed the deceased a duty of care, breached that duty, and the breach must have directly caused the death.

Think of it this way: the person who died must have had a legal basis to sue for personal injury had they survived. If that foundation exists, a wrongful death claim can follow.

The Deceased Person Would Have Had a Personal Injury Claim If They Had Survived

Florida’s wrongful death statute requires that the deceased would have been entitled to bring a personal injury action against the defendant had they lived. This is a core legal threshold.

For example:

  • A driver who ran a red light and killed a pedestrian would have been liable to that pedestrian for injuries. The pedestrian’s death converts that claim into a wrongful death action.
  • A surgeon who committed a fatal error during a procedure would have faced a malpractice claim from a surviving patient. The patient’s death transforms that into a wrongful death case.

Common Examples of Wrongful Death Cases in Florida

Florida’s geography, population density, and healthcare infrastructure create several recurring wrongful death scenarios. Common causes include:

  • Fatal car, truck, and motorcycle accidents — Florida recorded 3,162 fatal crashes in 2023, according to the Florida Highway Safety and Motor Vehicles (FLHSMV). In 2024, that number dropped to 2,891 fatal crashes—an improvement, but still a significant source of preventable deaths.
  • Pedestrian accidents — Florida consistently ranks among the most dangerous states for pedestrians, with 701 pedestrian fatalities recorded in 2024 alone (FLHSMV).
  • Medical malpractice — Surgical errors, misdiagnosis, medication mistakes, and birth injuries are among the most common medical causes of wrongful death claims in Florida.
  • Premises liability — Negligent security, pool drownings, slip and fall incidents, and unsafe property conditions.
  • Defective products — Consumer products, vehicles, and medical devices that fail to meet safety standards.
  • Workplace and construction accidents — Falls, electrocution, and heavy equipment strikes.
  • Boating accidents — Florida leads the nation in registered recreational vessels, which contributes to a disproportionate share of boating fatalities.
  • Nursing home negligence — Neglect, medication errors, fall injuries, and inadequate supervision in long-term care settings.

Each of these fact patterns can give rise to a wrongful death claim when negligence caused or contributed to the death.

Who Can File a Wrongful Death Claim in Florida?

The Personal Representative Files the Lawsuit

Florida law is specific on this point. Individual surviving family members do not each file a separate lawsuit. Under Fla. Stat. § 768.20, the wrongful death action must be filed by the personal representative of the deceased’s estate. That personal representative acts on behalf of:

  • The surviving family members (called “survivors” under the Act)
  • The estate itself

This single-action structure prevents multiple overlapping lawsuits arising from the same death, and it ensures that all eligible parties’ interests are handled in one coordinated proceeding.

Who Is the Personal Representative?

The personal representative is typically the person named as executor in the deceased’s will. That person takes on legal authority to manage the estate—including filing and prosecuting a wrongful death claim.

If the personal representative is not an attorney, they will still need to retain one. Under Florida law, a non-attorney personal representative cannot represent the estate in court on their own.

What If There Is No Will?

When someone dies without a valid will (called dying intestate), a Florida probate court appoints a personal representative. The court generally looks first to the surviving spouse, then to adult children, and then to other close relatives.

Once appointed, that person has the same authority as an executor named in a will and can retain legal counsel to pursue the wrongful death claim.

Does the Personal Representative Keep the Entire Recovery?

No. The personal representative is a legal fiduciary—someone acting in a position of trust on behalf of others. Compensation recovered in a wrongful death lawsuit is distributed to eligible survivors and the estate according to Florida law. The personal representative does not personally benefit from the lawsuit simply by virtue of that role.

Who Counts as a “Survivor” Under Florida Wrongful Death Law?

Florida Statutes § 768.18 defines “survivors” as specific categories of people who may receive compensation through a wrongful death claim. The list is narrower than many families assume.

Surviving Spouse

A surviving spouse may recover damages for:

  • Loss of support and services the deceased would have provided
  • Loss of companionship and protection
  • Mental pain and suffering

The surviving spouse is typically the primary beneficiary in wrongful death cases involving married adults.

Children of the Deceased

Children of the deceased may recover for loss of parental companionship, instruction, and guidance, as well as mental pain and suffering. Florida’s wrongful death statute has a notable rule: for certain non-economic damages, minor children are defined as children under 25 years old when the deceased left behind a surviving spouse.

When there is no surviving spouse, all minor and adult children are eligible for mental pain and suffering damages.

Parents of the Deceased

A surviving parent may recover for mental pain and suffering when the deceased was a minor child. When an adult child dies and leaves no surviving spouse or children, the parents may also recover damages. The presence or absence of other survivors affects what the parents can claim.

Dependent Blood Relatives and Adoptive Siblings

Certain blood relatives and adoptive siblings of the deceased may qualify as survivors if they were partly or wholly dependent on the deceased for support or services at the time of death. This category captures situations where, for example, an adult sibling was financially supported by the deceased.

The following table summarizes survivor eligibility and available damages under Florida law:

Survivor Category Loss of Support/Services Loss of Companionship Mental Pain and Suffering
Surviving Spouse ✓ ✓ ✓
Minor Children (under 25, if spouse survives) ✓ ✓ Limited by statute
All Children (no surviving spouse) ✓ ✓ ✓
Parents of a Minor Decedent ✓ ✓ ✓
Parents of Adult Decedent (no spouse/children) ✓ ✓ ✓
Dependent Blood Relatives / Adoptive Siblings ✓ (if dependent) Varies Varies

 

What Compensation May Be Available in a Florida Wrongful Death Claim?

Compensation for Surviving Family Members

Survivors can pursue several categories of damages under Florida law:

  • Lost support and services — The financial and practical contributions the deceased provided, including household work, childcare, and income.
  • Loss of companionship and protection — The personal relationship, guidance, and sense of security the deceased gave to surviving family members.
  • Parental companionship, instruction, and guidance — Specific to a child’s loss of a parent.
  • Mental pain and suffering — Compensable for spouses and eligible children; parents in qualifying cases.

Compensation for the Estate

The estate of the deceased may recover:

  • Lost earnings between the date of injury and death
  • Loss of prospective net accumulations — future earnings the deceased would have saved and accumulated, in cases where this is recoverable under Florida law
  • Medical or funeral expenses paid from the estate

Medical and Funeral Expenses

Medical expenses from the final injury or illness may be recovered either by the estate (if paid from estate funds) or by the survivor who directly paid those costs. Funeral and burial expenses are similarly recoverable. These are often among the first calculable losses in any wrongful death case.

Factors That Affect the Value of a Wrongful Death Claim

Every wrongful death case is different. Factors that influence compensation include:

  • Age of the deceased — Younger decedents often generate higher lost-earnings projections
  • Income and earning capacity — Documented earnings, career trajectory, and future earning potential
  • Life expectancy — Statistical projections of how long the deceased would have lived
  • Dependency — How financially or practically dependent survivors were on the deceased
  • Number of survivors — More eligible survivors can affect how damages are allocated
  • Available insurance coverage — Policy limits on the defendant’s liability coverage
  • Strength of liability evidence — The clearer the negligence, the stronger the negotiating position
  • Circumstances of death — Cases involving reckless or intentional conduct may support punitive damages in certain situations

How Long Do You Have to File a Wrongful Death Claim in Florida?

Florida’s Wrongful Death Filing Deadline

Florida law sets a two-year statute of limitations for wrongful death claims, measured from the date of death (Fla. Stat. § 95.11(4)(d)). This deadline applies to most wrongful death cases.

Exceptions exist. Medical malpractice wrongful death claims follow a different pre-suit notice process with its own timelines. Claims against government entities require a notice of claim and have a different filing structure. These variations make it essential to speak with an attorney early, rather than waiting until the deadline appears to be approaching.

Why Families Should Speak With an Attorney Quickly

Evidence does not preserve itself. Acting quickly allows an attorney to:

  • Secure accident reports and surveillance footage before recordings are overwritten or deleted
  • Retain accident reconstruction experts before physical evidence disappears
  • Identify and interview witnesses while memories are fresh
  • Obtain and preserve medical records documenting the cause of death
  • Send proper insurance notice letters to avoid coverage defenses
  • Coordinate with the probate process to appoint a personal representative if none exists yet

Waiting months before consulting a lawyer can limit what is recoverable—even if the two-year deadline has not technically passed.

What Happens If the Deadline Is Missed?

Missing the statute of limitations is usually fatal to the claim. Florida courts regularly dismiss wrongful death cases filed even one day after the deadline expires. With very limited exceptions, a family that misses the filing window loses the right to any financial recovery, regardless of how strong their case would have been.

What Does a Wrongful Death Attorney Do in Florida?

Investigating the Cause of Death

A wrongful death attorney builds the factual foundation of the case. That involves gathering:

  • Police reports and crash reconstruction data
  • Surveillance footage from nearby cameras
  • Medical records and autopsy reports
  • Expert opinions from medical professionals, engineers, or safety specialists
  • Witness statements and deposition testimony

The quality of this investigation directly affects the outcome.

Identifying All Liable Parties

Negligence often involves more than one party. A fatal car accident may involve a distracted driver and an employer who negligently entrusted a vehicle. A medical malpractice death may involve a surgeon, a hospital, and a medical device manufacturer. A construction fatality may involve a general contractor, a subcontractor, and a property owner.

A thorough attorney identifies every responsible party, which expands the pool of available compensation and reduces the risk of a single defendant claiming they bear limited responsibility.

Working With the Personal Representative and Probate Process

Wrongful death cases in Florida frequently intersect with the probate process. If no personal representative has been appointed yet, the attorney helps coordinate that process. If the estate is already in probate, the wrongful death claim must be handled in coordination with the probate court.

Failing to manage this coordination properly can result in delays, court disputes among family members, or improper distribution of any recovery.

Calculating Damages for Survivors and the Estate

Accurate damage calculation requires more than adding up medical bills. Attorneys work with:

  • Economists and vocational experts to project lifetime earning losses
  • Life care planners in cases involving extended suffering before death
  • Family members to document the relationship, dependency, and personal loss
  • Financial records to establish the deceased’s income history and career trajectory

Presenting damages comprehensively—with supporting documentation—makes a significant difference in both settlement negotiations and at trial.

Negotiating With Insurance Companies or Filing a Lawsuit

Most wrongful death cases in Florida resolve through settlement negotiations before trial. But insurance companies and corporate defendants work to minimize payouts. An attorney negotiates from a position of strength, backed by thorough investigation and credible damage calculations.

When a fair settlement cannot be reached, the attorney files a lawsuit and prepares the case for trial. Defendants who understand the attorney is genuinely prepared to try the case tend to negotiate more seriously.

Common Mistakes Families Make After a Wrongful Death in Florida

Assuming Any Family Member Can File the Lawsuit

Many families assume that a grieving spouse, child, or parent can independently file a wrongful death lawsuit. Under Florida law, that is not how it works. Only the personal representative of the estate may bring the action. A lawsuit filed by an individual family member who lacks that legal authority will be dismissed.

Getting the procedural structure right from the beginning prevents costly errors and delays.

Waiting Too Long to Get Legal Advice

Grief takes time. Families often spend weeks or months focused on funeral arrangements, financial adjustment, and emotional recovery before thinking about a legal claim. But the two-year deadline runs from the date of death, and critical evidence can disappear quickly.

Even a brief consultation with a wrongful death attorney shortly after the loss allows the family to understand their rights without committing to anything. Early advice costs nothing and can preserve everything.

Speaking With Insurance Adjusters Without Legal Guidance

Insurance adjusters often contact grieving families quickly. They may seem sympathetic—but their role is to minimize the company’s financial exposure. Common tactics include:

  • Requesting recorded statements that can be used to limit or deny claims
  • Offering early, below-value settlements before the full extent of losses is known
  • Seeking broad release documents that extinguish all future claims

Once a family accepts a settlement and signs a release, recovering additional compensation is typically impossible—even if the actual losses turn out to be far greater than the settlement amount.

Overlooking All Potential Beneficiaries

Florida’s wrongful death statute requires the complaint to identify all eligible survivors and account for both survivor damages and estate damages. Missing a beneficiary—such as a dependent sibling or a child from a prior relationship—can create legal disputes and potentially reduce what each survivor recovers.

An experienced attorney reviews the full family structure, dependent relationships, and estate circumstances to ensure no eligible party is overlooked from the outset.

Why Choose Jimenez Mazzitelli Mordes for a Florida Wrongful Death Claim?

Compassionate Legal Guidance During a Difficult Time

Losing someone because of another party’s negligence creates a unique kind of grief—mixed with anger, financial stress, and practical uncertainty. At Jimenez Mazzitelli Mordes, every wrongful death case is handled with the seriousness and sensitivity that a family’s situation demands.

The firm’s attorneys review each case directly. Not intake staff. Not a case manager. An attorney. That means families get real answers, not scripted responses, from the first conversation.

Experience Handling Serious Injury and Fatal Accident Cases

Jimenez Mazzitelli Mordes has a documented record of results in high-stakes litigation:

  • $1.65 million settlement in a medical malpractice case
  • $1.7 million trial verdict in a premises liability case
  • $1.44 million trial verdict involving a Gulfstream jet
  • $1.1 million verdict in a nursing home negligence case

These results reflect the firm’s approach: cases are prepared as if litigation may be necessary from day one, which produces stronger settlements and better outcomes at trial.

Attorney Recognition and Credentials

Jimenez Mazzitelli Mordes is recognized by Super Lawyers, Florida Legal Elite, and the Multi-Million Dollar Advocates Forum. Attorney Gabriel Mazzitelli has been specifically identified as a top-rated wrongful death attorney in the Miami area by Super Lawyers.

The firm provides bilingual legal services in English and Spanish, serving Miami-Dade County’s diverse population.

No Fee Unless We Recover Compensation

Jimenez Mazzitelli Mordes handles wrongful death cases on a contingency fee basis. Families pay nothing upfront. No hourly fees. No retainer. Attorney fees come from the recovery—only if the firm wins the case.

Talk to a Florida Wrongful Death Attorney at Jimenez Mazzitelli Mordes

If your family has lost someone because of another party’s negligence, you do not have to figure this out alone—and you should not wait.

We encourage you to schedule a free case consultation with Jimenez Mazzitelli Mordes as soon as possible. Our attorneys will review the circumstances of the death, explain who qualifies to file, identify potential defendants, and give you a realistic assessment of your legal options—all at no cost and no obligation.

We serve families throughout Miami, Miami-Dade County, Broward County, Palm Beach County, and across Florida. Our office is located at 9350 S Dixie Hwy PH 5, Miami, FL 33156. We also have an office in New York at 1123 Broadway, Suite 517, New York, NY 10010.

Call us at 305-548-8750 or contact us online to schedule your free consultation. Time matters in these cases. We are here to help your family pursue justice and protect your future.

Frequently Asked Questions

What is the difference between a wrongful death claim and a survival action in Florida?

A wrongful death claim compensates surviving family members and the estate for their losses after a death. A survival action, by contrast, pursues claims the deceased person would have had for pain, suffering, and losses they experienced before death. Florida law allows both types of claims to be pursued, though they serve different purposes and benefit different parties.

Can a wrongful death claim be filed if the deceased contributed to the accident?

Yes, under certain conditions. Florida’s modified comparative negligence rule (House Bill 837, effective 2023) allows recovery as long as the deceased was not more than 50% at fault. If the deceased was 40% responsible, for example, the family’s recovery is reduced by 40%—but it is not eliminated entirely.

What if the person who caused the death has no insurance or assets?

An uninsured or underinsured defendant makes recovery more difficult, but not necessarily impossible. Depending on the facts, other parties may share liability—employers, property owners, product manufacturers, or insurers under the deceased’s own uninsured motorist policy. An attorney can help identify all available sources of compensation.

How is a wrongful death settlement divided among family members in Florida?

Florida law requires that the personal representative account for all eligible survivors and the estate in the complaint. Settlement proceeds are distributed based on each survivor’s relationship to the deceased, their dependency, and their individual losses. A probate court may need to approve the distribution in some cases.

Are wrongful death settlements taxable in Florida?

Generally, compensation received in a wrongful death settlement is not subject to federal income tax under IRS guidelines, particularly amounts received for personal physical injuries or physical sickness. Portions allocated to lost earnings or punitive damages may be treated differently. Families should consult a tax professional for advice specific to their situation.

Can a family member in another state file a Florida wrongful death claim?

Yes. If the death occurred in Florida, or the responsible party is subject to Florida’s jurisdiction, a Florida wrongful death claim can be filed regardless of where the personal representative lives. The claim must be filed in the appropriate Florida court.

What is the difference between the wrongful death statute of limitations and the discovery rule?

The standard two-year statute of limitations begins on the date of death. In some cases—particularly medical malpractice—the discovery rule may extend that period if the negligence was not immediately apparent. However, Florida law places strict outer limits on this extension. Courts apply these rules narrowly, which is why consulting an attorney early remains critical.

Can both criminal and civil proceedings be pursued simultaneously after a wrongful death?

Yes. A criminal prosecution and a civil wrongful death lawsuit can proceed at the same time. They involve different standards of proof, different parties (the state prosecutes criminally; the family pursues the civil claim), and different outcomes. A criminal conviction can strengthen the civil case, but a criminal acquittal does not bar civil recovery.

How long does a wrongful death case typically take to resolve in Florida?

The timeline varies significantly based on complexity, available evidence, and whether the case settles or goes to trial. Straightforward cases with clear liability may resolve within 12 to 18 months. Complex cases involving multiple defendants, disputed causation, or trial can take two to four years or more.

What should a family do immediately after a loved one’s death to preserve a wrongful death claim?

Families should take several steps as quickly as possible:

  • Do not give recorded statements to any insurance company without legal advice
  • Preserve all documents related to the incident, medical care, and communications
  • Document expenses including medical bills and funeral costs
  • Identify potential witnesses and preserve their contact information
  • Contact a Florida wrongful death attorney to begin a formal investigation before evidence is lost