No legal process can undo the loss of a loved one. But when someone dies because of another person's or company's negligence, Florida law gives surviving family members the right to seek justice — and the financial compensation they need to move forward.

Florida's Wrongful Death Act is one of the most important — and most misunderstood — areas of personal injury law. This guide explains who can file a claim, what you can recover, and what to expect from the process.

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 charges that may be filed — a wrongful death claim is brought by the family to recover financial compensation, not to punish the defendant criminally.

Common causes of wrongful death claims in Florida include:

• Car accidents — including drunk driving, distracted driving, and commercial truck accidents
• Medical malpractice — surgical errors, misdiagnosis, medication errors, birth injuries
• Premises liability — slip and fall accidents, negligent security, swimming pool drownings
• Workplace accidents — construction site fatalities, industrial accidents
• Defective products — dangerous vehicles, medical devices, consumer products
• Nursing home abuse and neglect
• Criminal acts — homicide resulting from negligent security

Under Florida's Wrongful Death Act (Florida Statutes § 768.16–768.26), a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate. This is typically the executor named in the will, or a court-appointed administrator if there is no will.

However, the beneficiaries — the family members who receive the compensation — are defined by statute:

• Surviving spouse
• Children (including minor children and adult children, with some distinctions)
• Parents (if the deceased had no surviving spouse or children)
• Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased

The personal representative files the lawsuit on behalf of all eligible survivors. Each survivor may be entitled to different types of damages based on their relationship to the deceased.

Florida's Wrongful Death Act allows survivors to recover several categories of damages:

• Loss of the deceased's support and services
• Loss of companionship and protection
• Mental pain and suffering from the date of injury

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

Adult children (18 and older) can recover for mental pain and suffering only if the deceased had no surviving spouse.

Parents of a deceased minor child can recover for mental pain and suffering. Parents of a deceased adult child can recover for mental pain and suffering only if the adult child had no surviving spouse or children.

• Medical and funeral expenses
• Lost earnings the deceased would have earned from the date of injury to death
• Lost net accumulations — the value of what the deceased would have saved and accumulated over their expected lifetime

Florida's 2023 tort reform law (HB 837) made significant changes to wrongful death claims involving medical malpractice. Under the new law, adult children and parents of adult deceased patients can no longer recover non-economic damages (pain and suffering) in medical malpractice wrongful death cases.

This change does not affect wrongful death claims arising from car accidents, negligent security, premises liability, or other non-medical-malpractice cases.

If your loved one died as a result of medical negligence, it is especially important to consult with an experienced attorney who understands how these changes affect your specific claim.

In Florida, a wrongful death lawsuit must be filed within 2 years of the date of death. This deadline is strict — missing it permanently bars the family from seeking compensation.

There are limited exceptions — for example, if the defendant fraudulently concealed their negligence — but these are applied narrowly by courts. Do not rely on exceptions. Contact an attorney immediately.

If the deceased survived their injuries for a period of time before dying, there may be two separate claims:

1. A survival action — a personal injury claim for the pain, suffering, and medical expenses the deceased experienced between the injury and death. This claim belongs to the estate.

2. A wrongful death claim — a claim for the losses suffered by the surviving family members after the death.

Both claims can be pursued simultaneously, and an experienced attorney will ensure that all available damages are identified and pursued.

An attorney will review the facts of the case, identify all potentially liable parties, and begin preserving evidence. In wrongful death cases, this often includes obtaining medical records, accident reports, surveillance footage, and expert opinions.

The personal representative files a wrongful death lawsuit in the appropriate Florida circuit court. The defendant is served and has a period of time to respond.

Both sides exchange evidence, take depositions, and retain expert witnesses. This phase can take 6–18 months depending on the complexity of the case.

Most wrongful death cases settle before trial. A skilled attorney will negotiate aggressively to ensure the settlement reflects the full value of all survivors' losses — not just the immediate expenses.

If a fair settlement cannot be reached, the case proceeds to trial. Juan Cordero Lawyers is a trial firm — we are prepared to take your case before a jury if that is what it takes to achieve justice.

There is no single answer — every case is different. The value of a wrongful death claim depends on:

• The age and earning capacity of the deceased
• The number and ages of surviving family members
• The nature of the relationship between the deceased and survivors
• The severity of the negligence
• The available insurance coverage and assets of the defendant

In cases involving commercial defendants — trucking companies, hotels, hospitals, property management companies — the available insurance coverage can be substantial. An experienced attorney will identify all sources of recovery.

If you lost a loved one due to someone else's negligence in Florida, you deserve an attorney who will fight for your family with the same dedication and aggression they would bring to their own.

Attorney Juan J. Cordero is a combat veteran, Top 100 Trial Lawyer, and Adjunct Professor of Law with over 26 years of experience representing Florida families in wrongful death cases. We handle all wrongful death cases on a contingency fee basis — you pay nothing unless we win.

Call or text us 24/7 at 305.525.8957. We serve clients throughout Miami, North Bay Village, Hialeah, Miami Beach, Fort Lauderdale, West Palm Beach, and all of Florida. Bilingual service available in English and Spanish.

• Wrongful Death Lawyer Florida — Practice area overview and free consultation
• Medical Negligence Lawyer Florida — When negligence causes death
• Personal Injury Attorneys in Miami — Serving Miami-Dade County
• West Palm Beach Personal Injury Lawyer — Serving Palm Beach County
• Florida Personal Injury Statute of Limitations — Filing deadlines for wrongful death