Losing a family member because of someone else's negligence is one of the most painful experiences a family can endure. The grief is overwhelming. The financial consequences — lost income, medical bills, funeral costs — can be devastating. And the legal process that follows feels impossibly complicated at the worst possible time.

Florida's Wrongful Death Act provides a legal pathway for families to seek accountability and compensation. This guide explains how it works.

A wrongful death claim arises when a person dies as a result of another party's negligent, reckless, or intentional conduct. The claim is brought on behalf of the deceased person's estate and surviving family members.

Common causes of wrongful death in Florida:

• Car, truck, and motorcycle accidents
• Medical malpractice
• Slip and fall accidents
• Workplace accidents
• Defective products
• Criminal acts (a civil claim can proceed independently of criminal charges)
• Boating and watercraft accidents

Under the Florida Wrongful Death Act, only the personal representative of the deceased person's estate can file the lawsuit. The personal representative acts on behalf of the estate and the surviving family members.

The Act defines survivors who may recover damages:

• Spouse
• Children (including minor children and adult children in some circumstances)
• Parents (if the deceased had no spouse or children)
• Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services

Florida's Wrongful Death Act allows recovery for several categories of damages.

Surviving spouse:

• Loss of the decedent's companionship and protection
• Mental pain and suffering
• Loss of support and services

Minor children:

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

Adult children (if no surviving spouse):

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

Parents of a deceased minor child:

• Mental pain and suffering
• Loss of companionship and guidance

Parents of a deceased adult child (if no surviving spouse or children):

• Mental pain and suffering

• Medical and funeral expenses resulting from the death
• Lost earnings the deceased would have earned from the date of injury to death
• Lost net accumulations — the portion of future earnings the deceased would have saved and left to the estate

A wrongful death case requires proving the same elements as the underlying negligence claim:

1. Duty: The defendant owed the deceased a duty of care.
2. Breach: The defendant's conduct fell below the required standard.
3. Causation: The breach caused the death.
4. Damages: Survivors and the estate suffered compensable losses.

The strength of the liability case — how clearly the defendant's negligence caused the death — significantly affects settlement value.

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

Do not wait. Evidence must be preserved, witnesses must be identified, and the investigation must begin promptly.

Settlement values vary widely based on the circumstances of the death, the survivors' losses, and available insurance coverage.

Wrongful death cases are legally and emotionally complex. They involve:

• Identifying all liable parties
• Calculating complex damages including future lost earnings
• Navigating Florida's specific statutory requirements
• Dealing with insurance companies that will minimize the claim
• Potentially litigating against well-funded defendants

An experienced wrongful death attorney handles the legal process so your family can focus on grieving and healing.

Juan Cordero Lawyers handles wrongful death cases throughout Florida. If your family lost a loved one due to someone else's negligence, call 305.525.8957 for a free, compassionate consultation — available 24 hours a day, 7 days a week.

• Wrongful Death Lawyer Florida — Practice area overview and free consultation
• Medical Negligence Lawyer Florida — When negligence causes death
• Car Accident Lawyer Florida — Fatal car accident claims
• Personal Injury Attorneys in Miami — Serving Miami-Dade County
• Florida Personal Injury Statute of Limitations — Two-year wrongful death deadline