Bereaved Rights

State wrongful death guide

Florida Wrongful Death Law Guide

Florida wrongful death claims must be filed by the estate’s representative within two years, with survivors able to recover for support, companionship, and mental pain and suffering.

Quick facts for Florida

  • Who can file: A wrongful death action in Florida must be filed by the personal representative of the decedent’s estate, on behalf of the survivors and the estate.
  • Deadline to file: Most Florida wrongful death claims must be filed within two years of the date of death.
  • Key statute: Fla. Stat. §§ 768.16–768.26 (Florida Wrongful Death Act)

Types of compensation families may pursue

  • Medical and funeral expenses
  • Loss of support and services
  • Loss of companionship and protection
  • Survivors’ mental pain and suffering
  • Lost earnings (estate claim)
  • Punitive damages (limited)

No general cap on compensatory damages, but punitive damages are capped under Florida law except in intentional misconduct cases.

Florida wrongful death law: a guide for grieving families

Florida’s Wrongful Death Act is designed to support both the financial and emotional needs of families who have lost someone to negligence. The rules can feel complex, especially when grief is fresh, but understanding them helps protect your family’s rights.

1. What is “wrongful death” in Florida?

A wrongful death occurs when someone’s wrongful act, negligence, default, or breach of contract causes another’s death.

Common sources of claims include:

  • Vehicle crashes
  • Medical negligence
  • Nursing home neglect
  • Unsafe premises
  • Defective products

2. Who files the lawsuit?

Only the personal representative of the estate may file. Survivors do not file individually.

3. Who receives damages?

Florida divides damages into:

Survivor damages

  • Loss of support and services
  • Loss of companionship and protection
  • Mental pain and suffering

Estate damages

  • Medical and funeral costs
  • Lost earnings and accumulations
  • Pain and suffering (in limited cases)

4. Damage caps

  • No cap on compensatory damages generally
  • Punitive damages capped unless intentional misconduct is proven

5. Filing deadline

Most claims must be filed:

  • Within two years of the date of death

Disclaimer

This guide provides general information only and is not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Florida? +

Florida requires most wrongful death claims to be filed within two years of the date of death. Courts strictly enforce this deadline, and missing it usually ends the claim. This answer is informational only and not legal advice.

What damages are available in a Florida wrongful death case? +

Florida allows survivors to recover damages for loss of support and services, loss of companionship and protection, and mental pain and suffering. The estate may recover medical expenses, funeral costs, and lost earnings. Florida does not cap compensatory wrongful death damages, but punitive damages are capped unless intentional misconduct is proven. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Florida? +

Under Florida’s Wrongful Death Act, only the personal representative of the decedent’s estate may file the lawsuit. Survivors—such as the spouse, children, or parents—do not file separately. Instead, the personal representative files one unified claim on behalf of all eligible survivors and the estate. This answer is informational only and not legal advice.