Florida’s Wrongful Death Act: A Guide for Grieving Families

If you have lost a family member because of someone else’s negligence — in a car accident, a workplace tragedy, a medical mistake, or another preventable incident — you are carrying grief that no words can address and questions that demand answers. One of those questions, painful as it is to confront, is what legal rights your family has. Florida’s Wrongful Death Act exists to provide a path to justice for families in this situation. This guide explains how the law works, who can bring a claim, what compensation is available, and why these cases require experienced, compassionate representation. It is not a substitute for legal counsel, but it is a starting point — a way to understand your rights before you speak with an attorney.

What Is the Florida Wrongful Death Act?

Florida’s Wrongful Death Act provides that when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another, and the deceased would have had a personal injury claim had they survived, the survivors and the estate may recover damages. The Act governs who can bring the claim, in what capacity, and what categories of damages are available.

The death of a loved one does not end the legal accountability of the person or entity responsible. Florida law recognizes that a wrongful death harms not only the deceased, but the surviving family members whose lives are changed forever by the loss. The Act ensures that harm is compensable.

Who Can File a Wrongful Death Claim?

Under the Florida Wrongful Death Act, a lawsuit must be brought by the personal representative of the deceased person’s estate. The personal representative is the individual designated — either by the deceased’s will or by the probate court — to administer the estate.

The personal representative does not bring the claim for their own benefit alone. They bring it on behalf of the estate and the survivors — the family members whose losses the Act recognizes. The personal representative is typically a family member, but the role is a legal one established through the probate process.

• Who are the survivors under the Florida Wrongful Death Act?

The Act identifies specific categories of survivors who may be entitled to recover damages:

• The spouse of the deceased
• Minor children of the deceased
• All children of the deceased, in cases where there is no surviving spouse
• Parents of the deceased, in certain circumstances
• Blood relatives and adoptive siblings who were dependent on the deceased for support or services

The specific rights of each category of survivor — and the damages available to each — depend on the facts of the case and the relationships involved. An attorney who handles wrongful death cases can explain exactly who qualifies in your family’s situation.

What Damages Are Available?

The Florida Wrongful Death Act provides for multiple categories of damages, each addressing a different dimension of the family’s loss.

• Damages Available to Survivors
• Lost support and services: Survivors who were financially supported by the deceased — or who received other services, such as childcare, household management, or transportation — can recover the value of that support and those services from the date of death forward, over the deceased’s expected life. This is an economic damages calculation, often supported by expert testimony.
• Loss of companionship and protection for minor children: Minor children who lose a parent can recover for the loss of that parent’s companionship, instruction, and guidance — a recognition that a parent’s presence in a child’s life is irreplaceable, and that its loss is a genuine harm the law will compensate.
• Mental pain and suffering — for the spouse: The surviving spouse is entitled to recover for their own mental pain and suffering caused by the death. This is a non-economic damage that reflects the emotional reality of losing a life partner.
• Mental pain and suffering — for minor children: Minor children who lose a parent can also recover for their own mental pain and suffering.
• Medical and funeral expenses: The estate may recover the medical expenses incurred as a result of the injury that caused the death, as well as funeral and burial expenses.
• Damages Available to the Estate

The estate — distinct from individual survivors — may also recover for:

• The deceased’s lost earnings and lost net accumulations (the money the deceased would have saved and accumulated over their remaining work life)
• Medical expenses paid before death

Proving a Wrongful Death Claim

As in any personal injury case, a wrongful death claim requires proving that:

1. The defendant owed a duty of care to the deceased 2. The defendant breached that duty 3. The breach caused the death 4. Survivors suffered recoverable damages as a result

The legal theories available depend on the facts. Car accident wrongful deaths involve negligence claims. Medical malpractice deaths require proving a departure from the applicable standard of care. Deaths from defective products may involve strict product liability. Workplace fatalities may involve claims against employers, property owners, or equipment manufacturers.

Some wrongful death cases involve defendants who acted with particular recklessness or intentionality — circumstances that may support claims for punitive damages in addition to compensatory damages.

The Two-Year Statute of Limitations

Florida’s Wrongful Death Act imposes a two-year statute of limitations — two years from the date of death to file a lawsuit. This is not a soft deadline. Courts enforce it strictly, and there are very limited exceptions.

Two years sounds like adequate time. But the practical demands of a wrongful death case — identifying the personal representative, gathering medical and accident records, retaining expert witnesses, calculating lifetime damages — take time. The earlier a family engages an attorney, the more thoroughly the case can be prepared within that window.

These Cases Are Complex — Why Experienced Representation Matters

Wrongful death cases are among the most legally and factually complex personal injury matters. They involve:

• Probate coordination: Establishing the personal representative’s authority requires working with the probate process.
• Multiple categories of claimants: Each category of survivor has different rights and damages, and the relationships between claims must be managed.
• Expert testimony: Economists, life expectancy experts, vocational experts, and medical professionals may all need to testify about damages.
• Significant defendant resources: Wrongful death cases — particularly those involving car accidents, trucking companies, hospitals, or product manufacturers — are defended vigorously because the stakes are high.
• Emotional complexity: Families are grieving while simultaneously managing a complex legal process. An experienced attorney manages the legal demands so the family can focus on healing.

Eric A. Hernández brings over 25 years of trial experience to every case he handles. His background as a former Assistant U.S. Attorney for the Southern District of Florida — where he prosecuted complex cases requiring the coordination of expert witnesses, voluminous records, and high-pressure litigation — applies directly to the demands of wrongful death representation. He clerked for Chief Justice Charles T. Wells of the Florida Supreme Court and is admitted to the U.S. Supreme Court Bar.

Most importantly, Eric and the team at HLM Injury Lawyers understand that behind every case is a family that is suffering. Representation in a wrongful death matter is not about litigation for its own sake — it is about holding the people responsible for your loss accountable, and ensuring your family receives the support it deserves.

A Note to Grieving Families

If you are reading this in the early days after losing someone you love, please know that there is no expectation of urgency in your grief. Take the time you need. But also know that the law imposes deadlines — and that waiting too long can eliminate rights that exist to protect you.

A consultation with an attorney costs you nothing and commits you to nothing. It simply gives you information — an understanding of your family’s rights — so you can make an informed decision when you are ready.

Contact HLM Injury Lawyers — Free Consultation

HLM Injury Lawyers represents grieving families throughout Broward County and South Florida with compassion and dedication. If you have lost a loved one due to someone else’s negligence, Eric A. Hernández is here to answer your questions and help you understand your options — at no cost and with no obligation. When you are ready, call us at (305) 842-2100 or visit our office at 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. There is no fee unless we recover for your family.