Losing a family member due to someone else’s negligence is a devastating experience. Florida law provides a legal remedy through the Wrongful Death Act, which allows certain surviving family members to seek compensation for their losses. Understanding who is eligible to file — and what they can recover — is an important first step.
The Personal Representative’s Role
Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically the executor named in a will or an administrator appointed by the probate court. The personal representative acts on behalf of both the estate and the surviving family members.
Who Are the Eligible Survivors?
Florida’s Wrongful Death Act designates specific survivors who may recover compensation. These include the surviving spouse, children of the deceased (including adult children in some circumstances), and parents of the deceased — particularly when the deceased was a minor or leaves no surviving spouse or children. The law also recognizes financial dependents and, in some cases, blood relatives or adoptive siblings who were partly or wholly dependent on the deceased.
Damages Available to Survivors
The damages available depend on the relationship between the survivor and the deceased. A surviving spouse may recover for loss of companionship, protection, and mental pain and suffering. Minor children may recover for loss of parental companionship and guidance. Parents of a deceased minor child may recover for mental pain and suffering. All eligible survivors may recover for lost financial support.
Estate Damages
In addition to survivor damages, the estate itself may recover for the deceased’s lost net accumulations — the estimated value of what the deceased would have contributed to the estate had they lived. Medical and funeral expenses incurred as a result of the fatal injury are also recoverable by the estate.
Florida’s Statute of Limitations
Wrongful death claims in Florida must generally be filed within two years of the date of death. Failing to file within this window typically bars the claim entirely. Certain exceptions may apply depending on the circumstances, but acting promptly is always advisable.