Wrongful Death (What South Florida Families Need to Know)

When a family member dies because of someone else’s negligence in Florida, the family may be able to bring a wrongful death claim under the Florida Wrongful Death Act, sections 768.16 through 768.26 of the Florida Statutes. The claim is filed by one person, the personal representative of the estate, but it is brought for the benefit of the surviving spouse, children, parents, and certain dependent relatives, and each of them may recover different kinds of damages depending on their relationship to the person who died.

We know that legal questions are rarely the first thing on a grieving family’s mind. This guide is written for South Florida families who need plain answers about who does what, which family members can recover, and which deadlines matter, so you can make decisions when you are ready. If you would like to talk through your situation, a Miami wrongful death attorney on our team can explain your options without any pressure, and our Florida wrongful death lawyers handle these claims throughout the state.

What Counts as a Wrongful Death Under Florida Law?

Florida law allows a claim when a death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person or business, in circumstances where the person who died could have sued had they survived. In practical terms, that covers many of the situations South Florida families face, including traffic crashes, unsafe property conditions, defective products, and medical negligence.

Impaired driving remains one of the most common causes. According to the National Highway Traffic Safety Administration, 12,429 people died in alcohol-impaired-driving crashes nationwide in 2023. Behind each of those numbers is a family facing both grief and sudden financial uncertainty.

A wrongful death claim cannot ease that grief. What it can do is help a family cover funeral costs and medical bills, replace income the household depended on, and hold the responsible party accountable in a way the law recognizes.

The First Practical Steps After a Loss

There is no single right order, and no family is expected to handle everything at once. That said, a few early steps tend to protect a family’s options later.

Gather Key Documents When You Are Able

The death certificate, any police or incident report, hospital and medical records, insurance policies, recent pay stubs or tax returns, and any photos or messages related to the incident can all become important. You do not need to analyze them. Simply keeping them in one place helps.

Be Careful With Insurance Calls

An insurance adjuster for the other side may call soon after the death. You are not required to give a recorded statement or sign anything. It is reasonable to say you will have someone get back to them.

Think About Who Will Serve as Personal Representative

In Florida, the wrongful death action must be brought by the personal representative of the estate. If the person who died named one in a will, that person is usually appointed by the court. If not, the court chooses one, often a spouse or adult child. In South Florida, that appointment happens through the probate division of the circuit court in the county where the person lived, such as the Eleventh Judicial Circuit in Miami-Dade or the Seventeenth Judicial Circuit in Broward.

Who Is the Personal Representative and What Do They Do?

Many states let any dependent or immediate relative file a claim for wrongful death, but here in Florida, a wrongful death action must be initiated by the personal representative of the decedent’s estate. The personal representative is not suing only for themselves. They act on behalf of the estate and every eligible survivor, and they must identify all of those survivors in the complaint.

A person’s estate includes everything the person owns. If there is a will, the estate generally passes as the will directs. If there is no will, Florida’s intestacy rules decide who inherits, usually starting with a spouse and children. Whether the personal representative is named in a will or chosen by a judge, it is usually a close family member.

Because the personal representative signs decisions for the whole family, it helps when relatives talk openly about who is best suited for the role and how they want to be kept informed.

Which Family Members Can Recover, and What They Can Recover

Florida defines “survivors” as the spouse, children, and parents of the person who died, along with blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the person for support or services. For purposes of certain damages, “minor children” means children under 25, which is broader than many families expect.

A child born to unmarried parents is a survivor when the mother has died. When the father has died, the child qualifies if the father had recognized a responsibility for the child’s support.

Under section 768.21, the damages available depend on the relationship:

Any survivor who paid medical or funeral expenses may also recover those costs. The exact amounts in any case depend on the evidence, and no outcome is guaranteed.

What the Estate Can Recover

Separate from the family members’ claims, the estate itself may recover certain losses:

• Lost earnings before death: Wages the person lost between the injury and the date of death
• Prospective net accumulations: What the person would reasonably have saved and left to the estate had they lived a normal lifespan, when the survivors include a spouse or children or other qualifying family
• Medical and funeral expenses: Costs charged to the estate rather than paid by a family member

In limited cases involving intentional misconduct or gross negligence, a court may also allow a claim for punitive damages, which requires a higher standard of proof.

When a settlement or verdict includes money for a child, Florida courts often must approve the arrangement, and a guardianship or other protections may be required for larger amounts. That step is meant to protect the child’s share.

A Special Rule for Medical Malpractice Deaths

Families are often surprised to learn that Florida treats medical negligence deaths differently. Under section 768.21(8), when a death results from medical negligence, adult children 25 and older cannot recover damages for lost companionship or pain and suffering, and parents of an adult child cannot recover pain and suffering damages. Economic losses, such as lost support and medical or funeral costs, may still be recoverable.

The Legislature voted to repeal this rule in 2025, but the bill was vetoed, and later repeal efforts have been debated. Because the law in this area has been actively contested, it is worth confirming its current status with an attorney before making any decision. Medical negligence claims also have their own presuit steps, which we describe in our guide on how medical malpractice cases work in Florida.

What Is the Deadline for Wrongful Death Claims?

In most Florida wrongful death cases, the lawsuit must be filed within two years of the date of death under section 95.11, Florida Statutes. Medical negligence deaths follow a different rule, generally two years from when the death and its possible connection to medical care were known or should have been known, with an outer limit in most cases. Claims against a government agency involve written notice requirements and different procedures.

Two years can pass quickly while a family is grieving, settling an estate, and waiting on records. Starting early also gives your attorney time to preserve evidence such as vehicle data, video footage, and maintenance records before it is lost.

How Fault Is Decided in a Florida Wrongful Death Claim

The personal representative and the family’s lawyer generally must prove four things: the other party owed the person who died a duty of reasonable care, the other party breached that duty, the breach caused the death, and the survivors and estate suffered losses that can be measured.

The duty of care depends on the situation. A driver must drive with reasonable care toward everyone on the road. A property owner must keep the premises reasonably safe for invited guests. A trucking company must follow federal safety rules and maintain its vehicles.

Florida’s 2023 tort reform law (HB 837) also changed how shared fault works. In most negligence cases, if the person who died is found more than 50 percent at fault, the family cannot recover, and a smaller percentage reduces the damages. That rule does not apply to medical negligence claims. You can read more about how Florida’s modified comparative negligence rule affects a payout.

How Do Wrongful Death Lawyers Help Surviving Family Members?

Should you choose to bring a wrongful death claim, your attorney will review the details of the death, determine which party or parties may be liable, and advocate for your family’s interests in negotiations or, if necessary, in court. Many wrongful death claims are resolved through negotiation, but some go to trial when a fair resolution is not offered.

A careful investigation often reveals more than one responsible party, such as an employer, a property manager, or a product manufacturer, as well as insurance coverage the family did not know existed. Our role is to handle that work and the court process so your family can focus on each other.

Frequently Asked Questions About Florida Wrongful Death Claims

Talk With Our Team When You Are Ready

Should you lose a family member because another person was negligent, it may be difficult to think about anything but your family’s grief. There is no obligation to decide anything right away, but speaking with a wrongful death attorney early can protect deadlines and evidence. Our team at Amanda D. Demanda Injury Lawyers is bilingual and works with families across South Florida and the rest of the state.

If you have questions about your family’s rights, contact our team for a free, confidential consultation.