Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can endure. In Florida, wrongful death laws are designed to give families a legal path to accountability and financial recovery when a preventable death occurs. However, these laws are complex, and many families are surprised to learn that not everyone is allowed to file a claim or recover damages. Understanding how Florida’s wrongful death statute works is an important first step for families seeking justice after a tragic loss.
What Qualifies as a Wrongful Death in Florida
Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, or misconduct of another party. These cases often arise from car and truck accidents, boating incidents, defective products, unsafe properties, medical negligence, and workplace accidents. The key legal question is whether the deceased would have had the right to file a personal injury claim if they had survived. If the answer is yes, then a wrongful death claim may be available to surviving family members.
Who Is Allowed to File a Wrongful Death Claim
Florida law is very specific about who can bring a wrongful death lawsuit. The claim must be filed by the personal representative of the deceased person’s estate. This individual is usually named in the will or appointed by the court. The personal representative brings the claim on behalf of both the estate and the surviving family members.
Although family members do not file the lawsuit themselves, they may still be entitled to recover damages through the claim. Florida law recognizes certain survivors, including a surviving spouse, children, parents, and in some cases other relatives who depended on the deceased for support or services. Determining who qualifies as a survivor is one of the most important parts of a wrongful death case.
What Damages Are Available to Families
Wrongful death damages in Florida are intended to compensate both the survivors and the estate for different types of losses. Survivors may be entitled to compensation for the loss of financial support and services the deceased would have provided, as well as the loss of companionship, guidance, and protection. A surviving spouse may also recover for loss of companionship and mental pain and suffering. Minor children, and in some cases adult children, may recover for lost parental guidance and emotional suffering.
The estate may pursue damages for medical expenses related to the final injury or illness, funeral and burial costs, and lost earnings that the deceased would have accumulated had they lived. Each case is unique, and the damages available depend heavily on the survivor’s relationship to the deceased and the circumstances of the death.
The Impact of Florida’s So-Called “Free Kill” Law
Florida’s wrongful death laws include a controversial provision that limits who can recover damages in certain medical negligence cases. Often referred to as the “free kill” law, it can prevent adult children from recovering damages when a parent dies due to medical negligence, and it may also limit recovery when the deceased had no surviving spouse or minor children. This law has been widely criticized for denying families a meaningful legal remedy, even when clear negligence occurred.
Because of these restrictions, families are sometimes shocked to learn that they may not be eligible for certain damages. This makes it especially important to speak with an attorney who understands how these laws apply and whether any exceptions may exist.
Time Limits for Filing a Wrongful Death Claim
Florida imposes strict deadlines for wrongful death cases. In most situations, the lawsuit must be filed within two years from the date of death. Missing this deadline can permanently bar a family from recovering compensation, no matter how strong the underlying case may be. Certain circumstances may affect the timeline, but families should never assume that they have more time than the law allows.
Why Wrongful Death Cases Are Legally Complex
Wrongful death claims often involve multiple defendants, insurance companies, and legal theories. Proving liability may require accident reconstruction, medical expert testimony, or extensive investigation into safety failures or defective products. Defendants frequently dispute responsibility or attempt to minimize damages, making these cases emotionally and legally challenging for families to navigate alone.
An experienced wrongful death attorney can evaluate who may be held responsible, determine which damages are available, and ensure that all procedural requirements are met. Legal guidance is especially critical when the case involves maritime law, product liability, or medical negligence, where additional rules may apply.
Seeking Accountability and Closure
While no legal action can undo the loss of a loved one, a wrongful death claim can provide financial stability and a sense of accountability. These cases also serve a broader purpose by encouraging safer practices and helping prevent similar tragedies from happening to others. For many families, pursuing a wrongful death claim is about honoring their loved one’s life and ensuring that their loss is not ignored.
Contact Us Today
If you have lost a loved one due to negligence or misconduct, the attorneys at BRILL & RINALDI, The Law Firm are here to help you understand your rights under Florida’s wrongful death laws. We will review your case, explain your legal options, and guide you through every step of the process with care and compassion.
Schedule a consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.
Disclaimer: The information above is for general informational purposes only and does not constitute legal advice. Every case is different, and results are not guaranteed.