If someone’s death may have been caused by another person’s careless or wrongful conduct in Florida, a family may have urgent questions: who is allowed to bring a claim, what can the family recover, and what should happen first? Florida has a special process. Usually, the deceased person’s personal representative files one wrongful-death lawsuit for eligible survivors and the estate. Individual family members generally do not file separate wrongful-death lawsuits on their own.
Quick answer: Florida’s Wrongful Death Act generally requires the deceased person’s personal representative to bring the case. A spouse, child, parent, or certain dependent relatives may qualify as survivors, but the damages available depend on the person’s relationship to the deceased and the facts. The general filing deadline is two years, although exceptions and additional procedures may apply.
If this has happened to your family, preserve records and speak with a Florida attorney promptly. This guide explains the process in plain language; it cannot determine eligibility or calculate a deadline for a specific case.
Who can file a wrongful death claim in Florida?
Under Florida Statutes §§ 768.19–768.20, the lawsuit is generally brought by the deceased person’s personal representative. This is the person legally authorized to act for the estate. The lawsuit seeks damages for eligible survivors and the estate in a single action.
The personal representative may be named in a will or appointed through the probate process. Being a spouse, child, or parent does not automatically make someone the personal representative, even if that person may be entitled to recover certain damages.
Who may qualify as a survivor?
Florida Statutes § 768.18 defines “survivors” to include the deceased person’s spouse, children and parents, as well as certain blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services. The statute contains additional rules about particular family relationships.
| Relationship | What to know |
|---|---|
| Spouse | A surviving spouse may qualify for damages such as lost support and services, loss of companionship and protection, and mental pain and suffering, subject to the law and facts. |
| Children | Eligibility and damages depend on the child’s age, whether a surviving spouse exists, the type of claim, and other statutory rules. Florida’s statute defines “minor children” for this Act differently from the general age of majority. |
| Parents | A parent may qualify for certain damages, including in cases involving a deceased minor child. Claims involving an adult child have additional restrictions. |
| Other relatives or adoptive siblings | They may qualify if they meet the statutory dependency requirement for support or services. Being related to the deceased, by itself, is not always enough. |
Important: Florida has special limits for some damages in medical-negligence wrongful-death cases, including limits involving adult children and parents of adult children. Do not assume that every survivor can recover every category of damages. See the current Florida Wrongful Death Act.
What if there is no will or personal representative?
A family may still need to arrange for a personal representative to be appointed. The absence of a will does not, by itself, answer whether a wrongful-death claim exists. Probate rules determine who may be appointed and the steps required.
- Gather any will, trust, death certificate and basic estate information available to the family.
- Ask a Florida probate attorney or the appropriate probate court how a personal representative can be appointed in the circumstances.
- Tell the attorney promptly if there may be a wrongful-death claim. Do not wait for probate questions to resolve before asking about the civil deadline and evidence preservation.
- Keep a record of any insurer, business or government agency that contacts the family, and do not sign a release without understanding what rights it may affect.
The personal representative and the wrongful-death lawsuit are related, but probate administration and the civil claim are not interchangeable. Appointment timing, beneficiaries and claim deadlines should be reviewed together with a qualified lawyer.
How long do you have to file a wrongful death claim in Florida?
The general limitation period for a Florida wrongful-death action is two years from the date of death. Check the current text of Florida Statutes § 95.11, because the applicable subsection and law may change.
Do not treat two years as a safe planning window or assume it applies identically to every case. Claims involving government entities can have separate notice requirements and statutory conditions. Medical-negligence claims have additional procedural rules. Other facts may affect how a deadline is calculated or whether an exception applies.
What to do: write down the date of death and the key events, then ask a Florida attorney to identify the applicable deadline and any pre-suit notice requirements. Settlement discussions, insurance negotiations or waiting for probate do not automatically pause a filing deadline.
What compensation may be available?
Florida Statutes § 768.21 identifies damages that may be available to survivors and the estate. Depending on the person’s relationship to the deceased and the evidence, these may include:
- Lost support and services: financial support or household services the deceased provided, including certain future losses.
- Loss of companionship and protection: a surviving spouse may be eligible for these damages and mental pain and suffering.
- Loss of parental companionship, instruction and guidance: eligible children may recover these damages under the statute’s conditions.
- Parents’ losses: a parent may recover certain damages in qualifying cases, subject to restrictions.
- Medical and funeral expenses: a survivor who paid qualifying expenses, or the estate in the circumstances covered by law, may be able to seek reimbursement.
- Estate damages: the personal representative may pursue certain losses belonging to the estate, as permitted by statute.
These are possible categories, not guaranteed payments. The evidence, the survivor’s relationship, the type of case and statutory limits all matter. The current Florida Wrongful Death Act, especially § 768.21, is the starting point.
What if the deceased person was partly at fault?
Do not assume a claim is automatically impossible because an insurer or another party says the deceased person contributed to the incident. Fault rules can affect recovery, and Florida’s comparative-fault law includes important qualifications and exceptions, including special treatment for some medical-negligence actions. The result depends on the type of claim and the evidence.
Keep any photographs, videos, reports, witness details and communications that may help establish what happened. Avoid deciding fault based only on a traffic citation, an initial insurance statement or someone’s account of the incident.
What should a family do first?
- Write down the timeline. Record the date, location, circumstances of the incident and death, and the names of people or organizations involved.
- Preserve evidence. Keep incident or crash reports, photographs, video, medical records, autopsy information where available, messages and insurance correspondence. Some video or electronic records may be overwritten.
- Keep financial records. Save funeral bills, medical expenses, pay records, tax documents and information showing financial support or services the deceased provided.
- Identify witnesses and possible evidence holders. Note contact details for witnesses and any business, property owner, employer or agency that may have relevant records.
- Ask about the personal representative. If no one has been appointed, get advice about the probate process without ignoring the lawsuit deadline.
- Be careful with releases and recorded statements. Do not sign a settlement, release or broad authorization before understanding its effect. Be accurate and do not speculate about facts you do not know.
- Get case-specific deadline advice quickly. This is especially important if a government entity or healthcare provider may be involved.
Frequently asked questions
Can a spouse file a Florida wrongful-death lawsuit directly?
Usually, the deceased person’s personal representative brings the lawsuit under § 768.20. A spouse may be an eligible survivor and may seek damages, but survivor status and authority to file are different questions.
Can adult children recover damages?
Sometimes, but the available damages depend on the circumstances and the type of claim. Florida law specifically restricts certain damages for adult children in medical-negligence wrongful-death cases. Review § 768.21 and obtain advice about the specific facts.
Can a dependent relative who was not a spouse or child qualify?
Possibly. Florida’s definition of survivor includes certain blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services. The statutory conditions must be checked.
Does every death caused by an accident qualify?
No. A death alone does not establish legal liability. A claim generally requires a legally recognized basis for holding another party responsible and evidence connecting that conduct to the death.
What if a government agency may be responsible?
Special rules can apply to claims against government entities, including notice and timing requirements. Get legal advice promptly; do not rely on the ordinary two-year period alone.
Where can I read the official law?
Start with the Florida Wrongful Death Act, §§ 768.16–768.26, and Florida Statutes § 95.11 for limitation periods.
Related reading
If the death involved a motor vehicle, our guide to Florida car accident injury claims and the 14-day PIP rule may help explain some separate insurance questions. It does not replace the special rules for wrongful-death claims.
Legal information only, not legal advice. Laws and deadlines can change, and the correct rules depend on the facts. This article is not a substitute for advice from a licensed Florida attorney.
