Filing a Wrongful Death Lawsuit in Florida: A Guide

Losing a loved one is heartbreaking. When that loss happens because someone else acted carelessly or wrongfully, Florida law allows families to seek justice through a wrongful death claim. A wrongful death claim can help families recover money for financial losses and emotional pain. This guide explains how to file a wrongful death claim in Florida, who can file it, and what to expect if you decide to sue for wrongful death.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal case filed when a person dies due to another person’s negligence, mistake, or wrongful act. The goal of a lawsuit for wrongful death is to hold the responsible party accountable and help the surviving family members recover compensation.

Common causes of wrongful death include:

• Car, truck, or motorcycle accidents
  
  
• Medical errors or malpractice
  
  
• Defective or dangerous products
  
  
• Workplace accidents
  
  
• Unsafe property conditions
  
  

A wrongful death lawsuit is a civil case. This means it is separate from any criminal charges. Even if no one is arrested or convicted, a family may still file a wrongful death claim.

Who Can File a Wrongful Death Claim in Florida?

Florida law is very specific about who can file a wrongful death lawsuit. The claim must be filed by the personal representative of the deceased person’s estate. This person is often named in the will. If there is no will, the court appoints a personal representative.

The personal representative files the lawsuit on behalf of the surviving family members, which may include:

• A spouse
  
  
• Children
  
  
• Parents
  
  
• Other relatives who depended on the deceased for support
  
  

The personal representative does not file the claim for themselves alone. They act for the entire estate and eligible family members.

How to File a Wrongful Death Claim in Florida

Understanding how to file a wrongful death claim can feel overwhelming during a time of grief. Below is a simple step-by-step overview of the process.

1. Appoint a Personal Representative

Before you can sue wrongful death in Florida, a personal representative must be legally appointed. This is done through probate court. Once appointed, this person has the legal right to file the lawsuit.

2. Gather Evidence

Strong evidence is key to a successful wrongful death claim. This may include:

• Medical records
  
  
• Accident or police reports
  
  
• Witness statements
  
  
• Photos or videos
  
  
• Expert opinions
  
  

This information helps show how the death occurred and who is responsible.

3. Determine Who Is Responsible

The next step is identifying the person or company that caused the death. This could be a driver, doctor, employer, property owner, or business. In some cases, more than one party may be responsible.

4. File the Lawsuit

The personal representative files a lawsuit for wrongful death in a Florida court. The lawsuit explains what happened, why the defendant is at fault, and what damages the family is seeking.

5. Settlement or Trial

Many wrongful death claims are resolved through settlements. This means both sides agree on compensation without going to court. If no agreement is reached, the case may go to trial, where a judge or jury decides the outcome.

What Compensation Is Available in a Wrongful Death Lawsuit?

A successful wrongful death claim may allow surviving family members to recover damages for both financial and emotional losses.

Economic Damages

• Medical bills related to the final injury or illness
  
  
• Funeral and burial costs
  
  
• Lost income and benefits
  
  
• Loss of services the deceased provided
  
  

Non-Economic Damages

• Loss of companionship
  
  
• Loss of guidance and care
  
  
• Emotional pain and suffering
  
  

In rare cases, the court may also award punitive damages. These are meant to punish extremely reckless or intentional behavior.

Time Limits for Filing a Wrongful Death Claim in Florida

Florida has a strict deadline for filing a wrongful death lawsuit. In most cases, the lawsuit must be filed within two years from the date of death. If you miss this deadline, you may lose your right to recover compensation.

Because time passes quickly, it is important to speak with an attorney as soon as possible if you believe you have a wrongful death claim.

Why Legal Help Matters

Wrongful death cases can be complex and emotionally draining. An experienced wrongful death attorney can:

• Explain your legal rights
  
  
• Handle paperwork and court filings
  
  
• Collect and protect evidence
  
  
• Negotiate with insurance companies
  
  
• Represent your family in court if needed
  
  

Having legal support allows families to focus on healing while their case is handled properly.

If your family is facing the loss of a loved one due to someone else’s actions, Chakour Law is here to help you understand your options and take the next step toward justice.

FAQs About Wrongful Death Lawsuits in Florida