Losing a loved one due to another person’s negligence or wrongful act is devastating, to say the least. Along with grief, many families also face financial uncertainty and unanswered questions. One of the first concerns people often have is who can file a wrongful death claim in Florida. Under state law, only certain individuals are allowed to bring this type of case, and the process can be confusing without guidance.

At Jeff Murphy Law, we help families understand their rights and pursue the justice and compensation they deserve. Contact a wrongful death lawyer from our firm today for your free case evaluation with our compassionate team.

Florida’s Wrongful Death Act and the Personal Representative

The Florida Wrongful Death Act governs these claims and sets out clear rules on who may file and how the lawsuit must proceed. Florida Statutes § 768.20 provides that “The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”

As such, family members of the deceased do not file directly. Instead, the Florida personal representative, usually appointed in probate court, files the wrongful death claim on behalf of all survivors and the estate. The personal representative might be someone named in a will, but if no will exists, the court appoints someone, often a spouse or another close relative. The personal representative has the legal responsibility to identify all potential survivors, include them in the lawsuit, and distribute any settlement or judgment according to the statute.

Who Qualifies as a “Survivor” in a Florida Wrongful Death Claim?

Florida Statutes § 768.18 defines the rights of survivors to recover damages, but not all relatives are considered legal survivors.

A surviving spouse has one of the strongest claims in a wrongful death case. They may recover damages for loss of support and services the decedent provided, as well as damages for the loss of companionship, comfort, and partnership of their loved one under Florida law.

Minor children (those under 25 in Florida’s wrongful death context) can recover damages for lost parental companionship, instruction, and guidance, along with mental pain and suffering.

(Adult children may also have claims if there is no surviving spouse. This is commonly referred to as a loss of parental companionship claim.)

Parents of a deceased minor child may recover for their mental pain and suffering. Parents of an adult child may also recover damages if there are no other survivors, such as a spouse or children.

Blood relatives and adoptive siblings who were dependent on the decedent for support or services may also qualify. Their recovery is typically limited to financial losses rather than emotional damages, but they are still recognized under the law.

Wrongful Death vs. Survival Actions

While many states still maintain separate survival statutes, Florida abolished survival actions in 1972 when the current Wrongful Death Act took effect. Today, all claims arising from the wrongful act that caused death must be brought under the wrongful death framework.

There is one exception: if the deceased had a valid legal claim unrelated to the cause of death (for example, a pending personal injury case for a prior accident, or a breach of contract case), that claim continues through the estate. Florida Statutes § 46.021 explains that “No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.”

What Damages Can Survivors Recover in a Wrongful Death Claim?

Florida law provides different categories of wrongful death damages, depending on the relationship of the survivor to the decedent. Generally, survivors may seek compensation for:

Loss of support and services the decedent provided;
Funeral and medical expenses claim if the survivor personally paid these costs;
Loss of companionship, guidance, and protection (for spouses, children, and sometimes parents);
Mental pain and suffering (particularly for spouses, minor children, and parents of deceased minors).

Damages Recoverable by the Estate

If survivors are the loved ones who are left behind, the “estate” is everything else – assets, debts, bills, etc. The estate itself may also recover wrongful death damages in Florida for lost earnings, prospective net accumulations (what the decedent would have likely saved), and medical or funeral expenses paid directly by the estate. These damages are later passed along to the heirs.

Florida’s Statute of Limitations in Wrongful Death Cases

The statute of limitations in wrongful death cases in Florida is generally two years from the date of death (Florida Statutes § 95.11(4)(d)). Missing this deadline usually bars the claim. However, there are important exceptions:

Medical malpractice deaths may involve additional rules, including pre-suit notice and tolling of time while investigations are pending.
If the cause of death was not immediately known, the clock may not start until the discovery of the wrongful act.
If the death resulted from a criminal act such as drunk driving, the statute of limitations may be tolled while criminal proceedings are ongoing.
Courts sometimes extend deadlines in cases where the deceased is a minor, though this is narrowly applied.
When a Florida wrongful death claim involves a government entity, special notice requirements apply, and the time to bring a claim may be shorter than the standard two-year period.

However, the deadline applies the same way whether your loved one died in a fatal car accident, was the victim of a homicide, or suffered a fatal medical malpractice injury. Because exceptions are complicated, families should always speak with an experienced Tampa wrongful death attorney immediately to ensure their rights are preserved.

Why You Want to Work With an Attorney on a Wrongful Death Claim

Florida wrongful death claims are among the most emotionally charged and legally complicated cases in civil law. Working with a Tampa wrongful death lawyer can provide several benefits:

Guidance through Florida’s wrongful death statute and court rules;
Accurate calculation of damages, including future financial contributions;
Protection against insurance company tactics aimed at undervaluing claims; and
Handling of probate issues, personal representative appointment, and settlement distribution.

At Jeff Murphy Law, we bring additional advantages:

Decades of experience litigating wrongful death and serious injury claims in Tampa and across Florida;
Local knowledge of Hillsborough County courts and procedures;
24/7 availability to answer questions and provide support; and
A proven record of standing by families through the entire process.

When you entrust your case to Jeff Murphy Law, you have a Tampa wrongful death attorney who is both relentless in pursuit of justice and compassionate toward the families he represents.

Wrongful Death in Florida: Quick Questions

Who files if there’s no will?

If there is no will, the probate court appoints a personal representative, often the surviving spouse or another close family member, to file the claim.

Can multiple family members sue separately?

No. Only the personal representative files the lawsuit, but the claim is brought on behalf of all survivors. The court later determines each survivor’s share of the recovery.

How are wrongful death settlements paid out?

Settlement funds are distributed first to pay attorneys’ fees and costs, then to survivors and the estate according to statutory rules and court approval. This process is sometimes referred to as wrongful death settlement distribution in Florida.

Are wrongful death settlements taxable?

Generally, wrongful death settlements are not subject to federal income tax because they are compensation for personal injuries or sickness. However, portions allocated to punitive damages or interest may be taxable.

Do stepchildren qualify?

Stepchildren may recover if they were financially dependent on the decedent, but they do not automatically qualify as survivors unless adopted.

How long do wrongful death cases take?

Many cases settle within one to two years, but those involving disputed liability, multiple defendants, or complex damages may take longer.

What if the two-year limit has passed?

If the statute of limitations has expired, most claims are barred from being pursued. Limited exceptions exist, but they are rare, which is why immediate legal consultation with a knowledgeable Tampa wrongful death lawyer is critical. However, it is always worth it to have our firm review your case to see if an exception applies. Never assume you do not have a case without legal advice.

Contact a Florida Wrongful Death Claims Attorney Today

If you have lost a loved one due to another party’s negligence, you may be able to file a wrongful death lawsuit in Florida. Overseeing these cases requires experience, compassion, and persistence. Jeff Murphy Law is dedicated to helping families pursue justice and financial security following a tragic loss. We offer free consultations and will take the time to answer your questions.

Whether you are considering filing a wrongful death case in Tampa or elsewhere in Florida, we are ready to help. To learn more, please contact us today.

Who Can File a Wrongful Death Lawsuit in Florida?