When a family loses someone unexpectedly because of another person’s negligence, they’re not just grieving — they’re suddenly pushed into a complicated legal system that few people understand. Florida’s wrongful death laws are notoriously technical, and misunderstanding them can cost a family their right to compensation. Despite what people assume, not every family member can file. In fact, the state imposes strict rules about who is allowed to bring a wrongful death claim and how those claims must be handled.
If you’re dealing with the aftermath of a fatal accident, clarity isn’t optional — it’s essential.
Florida’s Wrongful Death Act: The Gatekeeper to Who Can File
Florida does not take a free-for-all approach to wrongful death claims. Everything is controlled by the Florida Wrongful Death Act, found in Florida Statutes § 768.16–768.26. These statutes dictate the rules for who can bring a claim, who can recover damages, and what types of compensation may be available.
A key fact many people get wrong: individual family members cannot file a wrongful death lawsuit on their own, even if they are the spouse, parent, or adult child of the deceased.
Florida requires something much more specific.
Only the Personal Representative Can File the Lawsuit
Under Fla. Stat. § 768.20, the only person legally allowed to file a wrongful death claim is the personal representative of the deceased person’s estate. This is true whether the death was caused by a car accident, medical malpractice, negligent security, a defective product, or any other preventable incident.
The personal representative (PR):
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May be named in the victim’s will
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If no will exists, is appointed by the probate court
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Files the lawsuit on behalf of the estate and all eligible survivors
This means that even if you are the person most affected by the loss — the spouse, the child, the parent — you don’t file the lawsuit yourself. The PR does.
This centralization prevents multiple overlapping lawsuits and ensures that damages are distributed correctly according to Florida law.
Who Qualifies as a “Survivor” Under Florida Law?
Just because someone files the lawsuit doesn’t mean everyone is eligible for compensation. Florida defines the term “survivor” very narrowly.
Under Fla. Stat. § 768.18, eligible survivors include:
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The surviving spouse
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Children (including legally adopted children)
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Parents of the deceased
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Any blood relatives or adoptive siblings who were “partially or wholly dependent” on the victim
However, adult children do not automatically receive the same compensation as minor children. For example, in medical malpractice wrongful death cases, adult children often cannot recover damages at all, a restriction that has been widely criticized and discussed by legal analysts, including commentary from the Florida Bar Journal.
Florida’s wrongful death law draws hard lines — lines families often don’t discover until they’re deep into the legal process.
What Damages Can Survivors Recover?
Wrongful death claims in Florida divide compensation into two categories: damages for survivors and damages for the estate.
Survivors may recover:
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Loss of companionship
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Loss of protection
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Loss of parental guidance (for children)
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Mental and emotional pain and suffering
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Medical or funeral expenses paid by a survivor
The estate may recover:
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Lost wages the deceased would have earned
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Loss of future earnings
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Medical and funeral expenses paid by the estate
These categories exist to avoid unfair duplication, but they also complicate the distribution of compensation — especially when multiple survivors are involved. Courts often rely on guidance from past rulings, such as the Florida Supreme Court’s analysis of survivor claims in Fla. Dep’t of Health & Rehab. Servs. v. McTigue, to determine fair allocations.
What If the Family Cannot Agree on How to Proceed?
Disputes among surviving family members are common. For example:
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Spouses and adult children may disagree over settlement value
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Multiple siblings may fight for a larger share
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Estranged relatives may claim survivor status
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Questions may arise about whether someone qualifies as a dependent
When this happens, the court — not the family — makes the final decision. Judges examine evidence, financial dependency, and relationship dynamics to determine fair distribution. Certain disputes even require hearings or mediation.
Ignoring legal deadlines or failing to resolve disputes quickly can jeopardize the entire case, especially because Florida imposes a two-year statute of limitations for wrongful death claims under Fla. Stat. § 95.11(4)(d).
Why Legal Representation Matters Immediately
Wrongful death cases are emotionally charged and procedurally unforgiving. The law is specific, the deadlines are rigid, and the financial stakes are high. Without an attorney experienced in Florida wrongful death litigation, families can easily misinterpret their rights or lose valuable compensation.
From identifying the proper personal representative to establishing survivor eligibility and calculating damages, these cases demand precision — and fast action.
In the aftermath of a tragic loss, families deserve clarity and protection. If you need help understanding your options or moving forward with a wrongful death claim in Florida, consult a qualified attorney such as Michael E. Fenimore, P.A.
