Losing Someone to Negligence: What Florida Families Should Know About Wrongful Death Claims

No amount of money can undo the loss of a family member. Florida law does, however, give certain surviving relatives a path to financial recovery when that loss was caused by someone else’s negligence or wrongful conduct, and understanding who qualifies and what can be recovered is often the first question grieving families have.

Who Has the Right to File?

A wrongful death claim in Florida is not filed by family members directly. Instead, the personal representative of the deceased person’s estate files the lawsuit on behalf of both the estate and the surviving family members, who are referred to as survivors under the law. Survivors typically include a spouse, children, and parents, and in some situations, other blood relatives or adoptive family members who were partly or wholly dependent on the deceased for support. Each survivor named in the case must be identified along with their relationship to the person who died, since that relationship often determines what categories of damages they may be entitled to receive.

What Compensation May Be Available

Florida Statute 768.21 outlines the categories of damages available in a wrongful death case. Surviving family members may be able to recover the value of lost support and services, both from the time of injury through death and projected into the future. A surviving spouse may also seek compensation for lost companionship and mental anguish, and minor children, and in some cases adult children, may recover for the loss of parental guidance and companionship. The estate itself may pursue lost wages the deceased would have earned between the injury and death, as well as medical and funeral expenses that became a charge against the estate.

Why These Cases Move Differently Than Other Injury Claims

Wrongful death cases carry their own procedural requirements, separate from an ordinary personal injury claim. There is a strict time limit for filing, and the requirement to name every survivor and their relationship to the deceased in the initial complaint means the early stages of the case demand real precision. Mistakes made at the outset, such as failing to identify an eligible survivor, can complicate the case later and affect how damages are ultimately distributed among family members.

We’re Here When Your Family Needs Us Most

If your family has lost a loved one because of someone else’s carelessness or misconduct, you do not have to figure out Florida’s wrongful death process on your own. Our Miami wrongful death attorneys at The Pendas Law Firm have guided families through this process and are ready to talk with you about what happened.

The Pendas Law Firm serves clients throughout Florida from offices in Orlando, West Palm Beach, Ocala, Tampa, Bradenton, Fort Lauderdale, Jacksonville, Fort Myers, and Daytona Beach. Contact us when you’re ready, and let us help carry some of this weight.

Source:

flsenate.gov/Laws/Statutes/2024/768.21