Understanding Florida Laws on Wrongful Death Cases: A Comprehensive Guide

Losing a loved one is an incredibly challenging experience, especially when it happens as a result of someone else’s actions or negligence. In Florida, there are specific laws and procedures in place to address wrongful death cases. As a personal injury lawyer dedicated to helping individuals through difficult times, it is essential to understand the complexities of wrongful death laws in Florida to provide the best guidance and support to those in need.

What Constitutes Wrongful Death in Florida?

In Florida, wrongful death is defined as a death caused by the wrongful act, negligence, default, or breach of contract or warranty of any person or entity. This includes situations where the deceased would have been entitled to bring a personal injury lawsuit if they had survived.

Who Can File a Wrongful Death Claim in Florida?

Florida law lays out specific guidelines regarding who can file a wrongful death claim. These individuals typically include the deceased person’s:

  • Surviving spouse
  • Children
  • Parents
  • Blood relatives or adoptive siblings who are partly or wholly dependent on the deceased for support or services

If there is no living individual within these categories, the personal representative of the deceased’s estate can file a wrongful death claim on behalf of the estate’s beneficiaries.

Damages in a Wrongful Death Case in Florida

In Florida, damages in a wrongful death case can vary depending on the specific circumstances of the case. Some common types of damages that may be awarded in a wrongful death case include:

  • Medical and funeral expenses related to the death
  • Loss of financial support and services provided by the deceased
  • Loss of companionship, guidance, and protection
  • Mental and emotional pain and suffering

It is crucial to work with a knowledgeable personal injury lawyer to assess the full extent of damages and ensure that you receive fair compensation for your loss.

Statute of Limitations for Wrongful Death Cases in Florida

In Florida, wrongful death lawsuits are governed by specific time constraints known as the statute of limitations. For wrongful death claims in Florida, this statute mandates that a lawsuit must be filed within two years from the date of the deceased person’s passing. Missing this critical deadline can lead to the dismissal of the case, leaving the surviving family members without legal recourse. Therefore, it is imperative for those who suspect they have a wrongful death case to take swift legal action. Timeliness is essential to ensure that your claim is heard and that justice is pursued for your loved one’s untimely death.


Navigating the legal complexities of a wrongful death case can be overwhelming, especially when you are already dealing with the emotional toll of losing a loved one. Working with an experienced personal injury lawyer who understands Florida’s wrongful death laws can provide you with the guidance and support you need during this challenging time.

If you believe you have a wrongful death case or have questions about how to proceed, don’t hesitate to reach out to a personal injury lawyer who can help you understand your rights and options. Remember, you don’t have to face this difficult situation alone – help is available to guide you through the legal process and seek the justice and compensation you deserve.