Losing a loved one is devastating. When that loss is caused by someone else's negligence, recklessness, or intentional act, the pain is compounded by a sense of injustice — and a flood of questions about what comes next.

Florida law gives surviving family members the right to hold the responsible party accountable through a wrongful death lawsuit. This guide walks you through everything you need to know: who can file, what you can recover, how long you have, and what the process looks like from start to finish.

A wrongful death claim is a civil lawsuit filed when a person dies as a result of another party's negligence, recklessness, or intentional misconduct. It is separate from any criminal case — a wrongful death suit is about financial accountability and justice for the surviving family, not criminal punishment.

Under Florida's Wrongful Death Act (Florida Statutes § 768.16–768.26), certain family members have the legal right to pursue compensation for the losses they suffer as a result of their loved one's death.

Common causes of wrongful death cases in Florida include:

• Car accidents caused by a negligent or drunk driver
• Truck accidents involving commercial carriers
• Medical malpractice — surgical errors, misdiagnosis, medication mistakes
• Negligent security — assaults at hotels, apartment complexes, or parking lots
• Slip and fall accidents resulting in fatal injuries
• Defective products that cause fatal injuries
• Drowning accidents due to inadequate supervision or unsafe conditions

Florida law is specific about who has standing to bring a wrongful death claim. The lawsuit must be filed by the personal representative of the deceased's estate — typically the executor named in the will, or a court-appointed administrator.

However, the damages recovered are distributed to the surviving family members, which Florida law defines as:

• Surviving spouse
• Children (minor and adult)
• Parents (if the deceased left no surviving spouse or children)
• Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support

Each family member may be entitled to different types of compensation depending on their relationship to the deceased and the circumstances of the death.

Florida's Wrongful Death Act allows surviving family members to recover two broad categories of damages:

• Loss of support and services — the financial contributions the deceased would have made to the family
• Loss of companionship and protection — for a surviving spouse
• Loss of parental companionship, instruction, and guidance — for minor children
• Mental pain and suffering — for surviving spouses and minor children (and parents if the deceased was a minor or had no surviving spouse or children)
• Medical and funeral expenses paid by family members

• Lost earnings and benefits the deceased would have earned during their expected working life
• Medical and funeral expenses paid from the estate
• Loss of prospective net accumulations — what the estate would have grown to had the person lived

In cases involving gross negligence or intentional misconduct, punitive damages may also be available to punish the wrongdoer and deter similar conduct.

This is critical: Florida law imposes a strict deadline on wrongful death claims.

Under Florida Statute § 95.11(4)(d), you generally have 2 years from the date of death to file a wrongful death lawsuit. Miss this deadline and your family loses the right to pursue compensation — permanently.

There are limited exceptions that may toll (pause) the clock:

• The responsible party fraudulently concealed their role in the death
• The deceased's estate has no personal representative yet
• The victim was a minor at the time of death (in some circumstances)

Do not wait to find out if an exception applies to your case. Contact an attorney as soon as possible after your loved one's death.

Understanding the process helps families know what to expect. Here is how a Florida wrongful death case typically unfolds:

The process begins with a confidential consultation. Your attorney will review the facts, identify the responsible parties, and explain your legal options — at no cost to you.

Your legal team will gather police reports, medical records, accident reconstruction analysis, witness statements, surveillance footage, and expert opinions to build the strongest possible case.

The personal representative files the complaint in the appropriate Florida court. The defendant is served and has a set period to respond.

Both sides exchange evidence, take depositions, and retain expert witnesses. This phase can take several months to over a year depending on the complexity of the case.

The vast majority of wrongful death cases settle before trial. Your attorney will negotiate aggressively on your behalf to secure a fair settlement that reflects the full extent of your family's losses.

If the defendant refuses to offer a fair settlement, your case goes to trial. An experienced trial attorney presents your case to a jury, who decides the outcome and the amount of damages.

Once a verdict or settlement is reached, the funds are distributed to the surviving family members as outlined by Florida law and the court's order.

Every case is different. The value of a wrongful death claim depends on factors including:

• The deceased's age, health, and life expectancy
• Their income, earning capacity, and career trajectory
• The number and ages of surviving dependents
• The nature and severity of the family's grief and loss
• Whether the defendant's conduct was especially reckless or intentional
• The available insurance coverage and assets of the responsible party

At Juan Cordero Lawyers, we have recovered $28.9 million in a single case — and we fight to maximize every dollar our clients are entitled to.

Families who try to navigate a wrongful death claim without experienced legal representation often make costly mistakes:

• Waiting too long — missing the 2-year statute of limitations
• Accepting a quick settlement from an insurance company before understanding the full value of the claim
• Failing to preserve evidence — surveillance footage is often overwritten within days
• Posting on social media — anything you post can be used against your family in litigation
• Not identifying all responsible parties — in many cases, multiple defendants share liability

Juan J. Cordero is a Top 100 Trial Lawyer with 26+ years of experience fighting for Florida families. As a combat veteran, he brings the same discipline, tenacity, and commitment to every case he takes on.

Our firm handles wrongful death cases on a contingency fee basis — you pay nothing unless we win. We are available 24/7 and serve families across Florida, including Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, and the Treasure Coast.

Hablamos Español.

If you lost a loved one due to someone else's negligence, you deserve answers and you deserve justice. Call us today at 305-525-8957 for a free, confidential consultation. There is no obligation, no upfront cost, and no fee unless we win your case.

The clock is ticking on your family's right to file. Do not wait.

Contact Juan Cordero Lawyers

• Wrongful Death Lawyer Florida — Practice area overview and free consultation
• Miami Wrongful Death Lawyer — Serving Miami-Dade County
• Fort Lauderdale Wrongful Death Lawyer — Serving Broward County
• Orlando Wrongful Death Lawyer — Serving Central Florida
• Tampa Wrongful Death Lawyer — Serving the Tampa Bay area
• Coral Gables Wrongful Death Attorney — Local case guide
• Our Verdicts and Settlements — Wrongful death recoveries

• Wrongful Death Lawyer Florida — Practice area overview and free consultation
• Miami Wrongful Death Lawyer — Serving Miami-Dade County
• Fort Lauderdale Wrongful Death Lawyer — Serving Broward County
• Orlando Wrongful Death Attorney — Serving Central Florida
• Tampa Wrongful Death Attorney — Serving the Tampa Bay area
• Coral Gables Wrongful Death Attorney — Serving Coral Gables
• Florida Statutes of Limitations for Injury Claims — Two-year filing deadline
• Our Verdicts and Settlements — Wrongful death recoveries