Florida Wrongful Death Claims: Who Can Sue and What Damages Are Available

Losing a family member due to someone else's negligence is devastating. Florida's Wrongful Death Act provides a legal mechanism for surviving family members to seek compensation—but the statute is specific about who may file a claim and what damages are available.

In Florida, wrongful death actions are brought by the personal representative of the deceased person's estate, acting on behalf of the surviving family members. These survivors include a surviving spouse, minor children, parents of the deceased, and in some cases adult children and other blood relatives who depended on the deceased for support.

Each category of survivor can recover different types of damages. A surviving spouse may recover for loss of the decedent's companionship, protection, and pain and suffering. Minor children can recover for loss of parental companionship, instruction, and guidance. The estate itself may recover for medical expenses, funeral costs, lost net accumulations, and wages lost between the injury and death.

The 2023 reforms made a significant change in medical malpractice wrongful death cases: adult children over 25 of a deceased adult victim can now recover pain and suffering damages—a right they previously did not have.

Statute of limitations timing is critical. Florida generally requires wrongful death suits to be filed within two years of the date of death. Given the complexity of these cases, engaging an attorney as early as possible is essential.