Understanding Florida Laws in Wrongful Death Cases: What You Need to Know

Losing a loved one due to the negligence or intentional actions of another can be an incredibly devastating experience. In these difficult times, it is important to know your rights and understand the legal options available to you. In the state of Florida, there are specific laws governing wrongful death cases that dictate who can file a claim, the types of damages that can be sought, and the statute of limitations for bringing a case to court.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. This individual is typically named in the deceased person’s will or appointed by the court if there is no will. The personal representative is responsible for bringing the claim on behalf of the deceased person’s surviving family members, which may include the spouse, children, parents, or other dependents.

Types of Damages That Can Be Sought

When filing a wrongful death claim in Florida, there are several types of damages that can be sought. These may include:

  • Medical and funeral expenses: The personal representative can seek compensation for any medical bills incurred as a result of the deceased person’s injury or illness, as well as the cost of their funeral and burial.
  • Loss of financial support: The surviving family members may be entitled to recover the income and financial support that the deceased person would have provided had they not passed away.
  • Pain and suffering: Damages may also be awarded for the physical and emotional pain and suffering endured by the deceased person prior to their death.
  • Loss of companionship: Family members may be compensated for the loss of love, companionship, and guidance that the deceased person would have provided.

Statute of Limitations for Wrongful Death Cases in Florida

It is important to be aware of the statute of limitations for filing a wrongful death claim in Florida. In this state, a claim must be brought within two years of the date of the deceased person’s death. Failing to file within this time frame may result in the claim being barred, meaning the surviving family members will be unable to seek compensation for their loss.

Seeking Legal Guidance

Navigating the complexities of a wrongful death case can be overwhelming, especially when dealing with the emotional aftermath of losing a loved one. It is highly recommended to seek the guidance of a skilled personal injury lawyer who specializes in wrongful death cases. An experienced attorney can provide you with the support and legal expertise needed to pursue justice on behalf of your loved one and their surviving family members.


Understanding the laws surrounding wrongful death cases in Florida is crucial for those seeking legal recourse after the loss of a loved one. By knowing who can file a claim, the types of damages that can be sought, and the statute of limitations for bringing a case to court, you can be better prepared to navigate the legal process and seek the compensation and justice you deserve.