When a loved one dies because of someone else's negligence, families often have urgent questions about their legal rights. One of the most common: "Who can actually file the lawsuit?"

Florida law has specific rules about who can bring a wrongful death claim and who can recover damages. Understanding these rules is the first step.

Under the Florida Wrongful Death Act (Florida Statutes § 768.16–768.26), only the personal representative of the deceased person's estate can file a wrongful death lawsuit.

The personal representative is the person legally authorized to administer the estate. They may be:

• Named in the deceased person's will
• Appointed by a Florida probate court if there is no will or the named representative cannot serve

The personal representative files the lawsuit on behalf of the estate and all eligible survivors. Individual family members cannot file separate wrongful death lawsuits — all claims are consolidated in the one action brought by the personal representative.

While the personal representative files the lawsuit, the damages are distributed to survivors — defined specifically by the Florida Wrongful Death Act.

A surviving spouse is always a survivor under Florida law and may recover:

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

Minor children (under 25 in some circumstances) may recover:

• Loss of parental companionship, instruction, and guidance
• Mental pain and suffering
• Loss of support and services

Adult children may recover loss of parental companionship and mental pain and suffering if there is no surviving spouse.

Parents may recover mental pain and suffering if:

• The deceased was a minor child, or
• The deceased was an adult with no surviving spouse or children

Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services may also qualify as survivors.

Florida's Wrongful Death Act does not allow recovery by:

• Unmarried partners (unless they qualify as dependents)
• Stepchildren (unless legally adopted)
• Grandparents (in most circumstances)
• Siblings (unless dependent on the deceased)
• Friends, regardless of closeness

These limitations can be frustrating for families with non-traditional structures. An attorney can evaluate whether any exceptions or alternative legal theories apply.

In addition to survivor damages, the estate itself may recover:

• Medical expenses incurred from the injury to the date of death
• Funeral and burial expenses
• Lost earnings from the date of injury to death
• Lost net accumulations — the portion of future earnings the deceased would have saved

A wrongful death lawsuit in Florida must be filed within two years of the date of death. This deadline is strictly enforced. Missing it typically bars the claim entirely.

If the death resulted from medical malpractice, additional pre-suit requirements apply and must be completed within the limitations period.

1. Consult an attorney promptly — the two-year deadline and evidence preservation make early action critical.
2. Identify the personal representative — if no will exists, a probate proceeding may be needed to appoint one.
3. Preserve evidence — accident reports, medical records, photographs, and witness information.
4. Document financial losses — the deceased's income, benefits, and the family's dependency.
5. Avoid early settlement offers — insurers may approach families quickly with low offers before the full scope of damages is understood.

Juan Cordero Lawyers handles Wrongful Death Lawyer Florida cases throughout Florida. If your family lost a loved one due to negligence, call 305.525.8957 for a free, compassionate consultation — available 24 hours a day, 7 days a week. We serve families in Miami, Fort Lauderdale, Martin County, and across South Florida.