Wrongful Death Lawsuits in Florida – Your 2025 Guide to Rights, Compensation, and Justice

The sudden loss of a loved one is one of life’s most painful experiences. When that loss is caused by another’s negligence, your grief is compounded by questions, anger, and uncertainty. In Florida, surviving family members have the legal right to pursue justice and compensation through a wrongful death lawsuit. At Personal Injury of Florida, our experienced wrongful death attorneys understand that no financial recovery can replace your loved one, but holding responsible parties accountable can offer key support during this heartbreaking time. With decades of experience in Florida’s complex wrongful death claims process, our legal team stands ready to guide your family through – here’s what you need to know.

What Is a Wrongful Death Lawsuit in Florida?

A wrongful death lawsuit is a civil action brought when someone’s death results from another party’s wrongful act, negligence, default, or breach of contract/warranty. Under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), this legal remedy allows surviving family members to seek compensation for their loss, separate from any criminal charges. Common scenarios include fatal motor vehicle accidents, medical malpractice, unsafe property conditions, defective products, or workplace negligence.

Who Can File a Wrongful Death Claim?

Only the personal representative of the deceased’s estate may file a wrongful death claim (Fla. Stat. § 768.20). This representative acts on behalf of the estate and all eligible survivors, including:

• The decedent’s spouse.
• Children.
• Parents.
• Blood relatives or adoptive siblings who were dependent on the decedent for support or services.

Expanded Rights for Survivors – 2025 Legislative Update

Effective July 1st, 2025: HB 6017/SB 734 allows adult children and parents of adult children to recover non-economic damages in wrongful death claims involving medical negligence.

Unborn Child Claims – New Law

As of 2025, CS/HB 1517 expands wrongful death claims to allow parents to seek damages for the wrongful death of an unborn child caused by negligence, with certain exceptions.

What Damages Are Recoverable In a Wrongful Death Lawsuit?

Florida law allows for a range of damages, divided into economic and non-economic categories:

• Economic Damages:
• Loss of support and services (past and future)
• Medical and funeral expenses
• Loss of earnings and future income
• Loss of net accumulations to the estate

• Non-Economic Damages:
• Pain and suffering (mental anguish)
• Loss of companionship and protection
• Loss of parental guidance for children

Punitive damages may be awarded in rare cases involving intentional misconduct or gross negligence. Typically, punitive damages are capped at $500,000 or three times the amount of compensatory damages, whichever is greater, except for intentional misconduct, where no cap applies. Claims against government entities are capped at $200,000 per incident (Fla. Stat. § 768.28).

What Is The Statute of Limitations for Wrongful Death Claims?

In Florida, you have two years from the date of death to file a wrongful death lawsuit (Fla. Stat. § 95.11(4)(d); while rare, exceptions exist for cases involving murder or manslaughter (no statute), government claims (which may be tolled during agency review), and medical malpractice (which allows for up to four years if the cause of death was not immediately discovered).

Comparative Fault in Florida Wrongful Death Claims

Florida follows a modified comparative negligence rule (Fla. Stat. § 768.81). If your loved one was less than 50% at fault, your family may still recover damages, but the award is reduced by their percentage of fault. If they were 50% or more at fault, recovery is barred.

Wrongful Death Lawsuit Process – What to Expect

Working with a skilled wrongful death attorney ensures your case is handled with care and expertise. Here’s what to expect during the wrongful death lawsuit process:

1. Consultation & Investigation. We’ll listen to your story and gather evidence, including medical records, police reports, and witness statements.
2. Lawsuit is Filed. The personal representative files the formal wrongful death claim in court.
3. Discovery Phase. Both sides exchange information, including depositions and documents.
4. Negotiation. Many cases settle outside of court in mediation, but some proceed to trial.
5. Trial. A judge or jury determines liability and damages.
6. Distribution of Damages. Compensation is distributed to eligible survivors of the estate.

To see examples of how we’ve successfully helped families in wrongful death cases, visit our recent results page.

Contact Florida’s Leading Wrongful Death Attorney – Personal Injury of Florida

Every day matters. Let us handle the legal burden while you focus on supporting your family and rebuilding your life. Call 561-507-5700 for a free consultation; we’re available 24/7, ready to listen, and determined to fight for the justice and compensation your family deserves.