Navigating the Legal Process: Filing a Wrongful Death Claim in Florida

Losing a loved one is always a difficult and emotional experience. When that loss is due to the negligence or misconduct of another person or entity, it can be even more devastating. In the state of Florida, if you believe that your loved one’s death was a result of someone else’s wrongful actions, you may have the right to file a wrongful death claim. Understanding the legal process involved in filing such a claim can help you seek justice and compensation for your loss.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit that allows certain family members of a deceased person to seek compensation for the financial and emotional losses they have suffered as a result of their loved one’s death. In Florida, a wrongful death claim can be filed if the death was caused by the negligence, wrongful act, default, or breach of contract of another person or entity.

Who can File a Wrongful Death Claim in Florida?

In Florida, the legal process for filing a wrongful death claim mandates that only the deceased person’s appointed personal representative has the authority to initiate such proceedings. This representative is usually designated in the deceased individual’s will, or alternatively appointed by the court in cases where there is no valid will present. Acting on behalf of the deceased person’s estate and any surviving family members eligible for compensation, the personal representative assumes the responsibility of filing the claim. This ensures that all rightful parties are properly represented in seeking justice and appropriate financial recovery for the loss suffered due to wrongful death.

What Damages can be Recovered in a Wrongful Death Claim?

In a wrongful death claim in Florida, various types of damages can be recovered, including:

  • Medical and funeral expenses incurred as a result of the deceased person’s injury and death.
  • Loss of the deceased person’s earnings and benefits, including future earnings that the deceased person would have reasonably been expected to earn.
  • Loss of companionship, guidance, and support that the deceased person provided to their family members.
  • Pain and suffering experienced by the deceased person before their death.

It’s important to note that the specific damages that can be recovered in a wrongful death claim may vary depending on the details of the case and the relationships between the deceased person and their family members.

How to File a Wrongful Death Claim in Florida

Filing a wrongful death claim in Florida involves several steps, including:

  • Hiring an experienced personal injury attorney who specializes in wrongful death claims.
  • Gathering evidence to support your claim, such as medical records, witness statements, and any other relevant documents.
  • Initiating the legal process by filing a complaint in the appropriate court.
  • Negotiating with the defendant or their insurance company to reach a settlement.
  • If a settlement cannot be reached, preparing for trial and presenting your case in court.


Navigating the legal process of filing a wrongful death claim in Florida can be complex and emotionally challenging. Working with a skilled attorney who can guide you through the process and advocate for your rights can help you seek the justice and compensation you deserve. If you believe that your loved one’s death was a result of someone else’s wrongful actions, don’t hesitate to seek legal advice and explore your options for pursuing a wrongful death claim. By taking action, you can hold the responsible party accountable and provide a sense of closure for yourself and your family in this difficult time.