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Florida Personal Injury

Florida Wrongful Death Claims: Who Can File and What Is Recoverable

Quick Answer

Under Florida's Wrongful Death Act (F.S. §§ 768.16–768.26), the personal representative of the estate files the claim on behalf of survivors. Damages can include lost support, lost companionship, and the survivors' mental pain and suffering — and the deadline is generally two years.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Estate Planning Attorney June 22, 2026

How a Wrongful Death Claim Works

A wrongful death claim arises when someone dies because of another's negligence or wrongful act — a fatal crash, an unsafe property, or a defective product. Florida's Wrongful Death Act (F.S. §§ 768.16–768.26) governs these cases.

The claim is brought by the personal representative of the deceased person's estate, but it is filed for the benefit of the survivors and the estate — not the representative personally.

Who Counts as a Survivor

Florida law defines who may recover. "Survivors" generally include the spouse, children, and parents, and certain blood relatives or adoptive siblings who were dependent on the deceased for support. Different survivors are entitled to different categories of damages.

What Can Be Recovered

The Deadline Is Strict

⚠ Time matters. A wrongful death claim generally must be filed within two years of the date of death (F.S. § 95.11). Grief makes time pass quickly — but evidence and witnesses fade, and missing the deadline ends the claim.

Frequently Asked Questions

Who can file a wrongful death claim in Florida?
The personal representative of the deceased person's estate files the single claim, on behalf of the survivors (such as a spouse, children, and parents) and the estate, under F.S. §§ 768.16–768.26.
What damages are available in a Florida wrongful death case?
Depending on the survivor, damages can include lost support and services, loss of companionship and guidance, mental pain and suffering, medical and funeral expenses, and certain estate losses.
How long do we have to file?
Generally two years from the date of death under F.S. § 95.11, though certain situations can change the deadline. Confirm yours with an attorney promptly.
Is a wrongful death claim the same as a criminal case?
No. A criminal case punishes the wrongdoer and is brought by the state; a wrongful death claim is a civil action by the family to recover financial compensation. They can proceed independently.

The Truestead Takeaway

Losing a loved one to someone else's negligence is devastating, and the legal rules are layered — who can file, what each survivor may recover, and a strict deadline. A compassionate, no-pressure conversation can help your family understand its options without adding to the burden.

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Talk to a Florida Attorney

Every family’s situation is different. Schedule a consultation with Arthur Simpson, Esq. to review your plan and your options under Florida law.

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This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.