Wrongful Death Claims in Florida: Who Can File and What the Law Allows

Losing a loved one because of someone else's negligence is devastating, and no legal claim can undo that loss. Florida's Wrongful Death Act exists to provide a measure of accountability and financial support for the family left behind. This article offers a general overview. It is not legal advice, and wrongful death cases are highly fact-specific — a compassionate, experienced attorney can explain how the law applies to your family's situation.

What Is a Wrongful Death Claim?

Florida's Wrongful Death Act (Florida Statutes §§ 768.16–768.26) allows certain family members to seek compensation when a death is caused by another party's wrongful act, negligence, default, or breach of contract. These claims can arise from car and truck crashes, medical negligence, defective products, and other incidents.

Who May File the Claim?

In Florida, a wrongful death action is brought by the personal representative of the deceased person's estate. The personal representative files on behalf of the estate and the surviving family members who are entitled to recover. Although one person files the lawsuit, the claim is intended to benefit the qualifying survivors.

Which Survivors Can Recover?

The Act defines who counts as a "survivor," which may include:

• The deceased person's spouse
• Children (and, in some circumstances, adult children)
• Parents
• Certain blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services

Which survivors qualify, and for what categories of damages, depends on the family circumstances and the facts — an area where legal guidance is especially valuable.

Damages That May Be Available

Depending on who the survivors are, recoverable damages may include lost financial support and services, loss of companionship and guidance, the survivors' mental pain and suffering, medical and funeral expenses, and the loss of the estate's prospective net accumulations. The categories that apply vary by survivor and by case.

Serving Wrongful Death Victims Across South Florida

RNC Legal represents injury victims throughout the tri-county South Florida region. Our attorneys handle claims for clients in:

• Broward County: Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Davie, Plantation, Sunrise, and Pompano Beach
• Miami-Dade County: Miami, Hialeah, Coral Gables, Aventura, Miami Gardens, Doral, North Miami, and Homestead
• Palm Beach County: Boca Raton, Delray Beach, West Palm Beach, Boynton Beach, Lake Worth, and Wellington

Because every case turns on its own facts, the discussion above is general information rather than legal advice. An experienced South Florida attorney can review the specific circumstances of your case and explain the options available to you.