Who Can File a Wrongful Death Claim in Florida
Who Can File a Wrongful Death Claim in Florida? A Guide for Grieving Families
Losing a loved one due to someone else’s negligence is devastating, and Florida’s wrongful death laws can feel overwhelming for families already carrying tremendous emotional weight. The Florida Wrongful Death Act outlines exactly who can bring a claim and which family members may recover damages, but the rules differ from many other states.
At Florida Civil Counsel, P.A., we help families throughout Orlando, Tampa, Miami, Jacksonville, and across Florida understand their rights after a preventable death. This guide explains who is permitted to file a wrongful death claim, who may legally recover compensation, and how to protect your family’s future during one of the most difficult moments of your life.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim arises when someone’s negligent, reckless, or intentional conduct causes another person’s death. Families commonly pursue these claims after:
- Car accidents
- Commercial truck collisions
- Motorcycle and pedestrian accidents
- Dangerous property conditions
- Theme park or pool-related accidents
- Dog attacks
- Medical negligence
- Criminal acts
If your loved one could have filed a personal injury claim had they survived, Florida law typically allows the family to pursue a wrongful death action.
For additional insight into how wrongful death cases work in Florida, you can visit our Orlando wrongful death law firm page for more information.
Who Can File a Wrongful Death Claim in Florida?
One of the most misunderstood aspects of wrongful death cases is who is actually permitted to file the lawsuit. Under Florida Statutes § 768.20, only the personal representative of the deceased’s estate can file the wrongful death action.
The Personal Representative (Executor) Files the Claim
The personal representative—also known as the executor—brings the lawsuit on behalf of the estate and all qualifying survivors.
If the deceased person left a will, that document typically names the personal representative. If not, the probate court will appoint someone.
Although only the personal representative can file the claim, the lawsuit is pursued for the benefit of all survivors and the estate, not just the representative.
Who Qualifies as a “Survivor” Under Florida Law?
Florida defines specific family members who may be eligible to recover damages. Under Florida Statutes § 768.18, survivors generally include:
• Surviving Spouse
A spouse may recover for lost companionship, protection, and mental pain and suffering, along with loss of support and services.
• Children
Minor children always qualify.
Adult children may qualify if they were dependent on the deceased for support or services, or if there is no surviving spouse.
• Parents
Parents of a deceased minor child may recover for mental pain and suffering.
Parents of an adult child may only recover if the decedent left no surviving spouse or children, and depending on financial dependency.
• Blood Relatives and Adoptive Siblings
These individuals may qualify, but only if they were financially dependent on the deceased.
• The Estate
The estate may recover certain economic losses, including lost earnings, medical bills, funeral costs, and other financial losses.
What Damages May Survivors Recover?
The damages available in a Florida wrongful death case depend on the survivor’s relationship to the deceased and the losses suffered. Potential recoverable damages include:
- Loss of financial support
- Loss of companionship, guidance, and instruction
- Mental pain and suffering
- Funeral and burial costs
- Medical expenses
- Lost income and future earnings
Because each survivor’s eligibility and category of damages are governed strictly by statute, wrongful death claims require careful evaluation from an experienced attorney.
Why Families Turn to Florida Civil Counsel, P.A.
Wrongful death litigation is emotionally heavy and legally complex. Families throughout Florida choose our firm because we provide:
- Compassionate guidance at every step
- Statewide representation, including Orlando, Tampa, Miami, and Jacksonville
- Experience in wrongful death claims involving car accidents, truck collisions, theme park incidents, drowning, premises liability, dog attacks, and other catastrophic events
- Clear communication and personalized attention during an extremely difficult transition
To learn more about how wrongful death cases are handled in Florida, you can also visit our Orlando wrongful death page.
Speak With a Florida Wrongful Death Attorney Today
If you recently lost a loved one due to negligence, intentional harm, or preventable danger, you are not alone. Florida Civil Counsel, P.A. is here to help your family understand its rights, pursue justice, and secure the support needed to move forward.
Contact us today to schedule a consultation and learn how we can help protect your family’s future.
