Filing a Wrongful Death Claim in Florida A Comprehensive Guide

When someone you love is taken too soon, it’s as if the world shifts on its axis. Time feels heavy, and the air around you carries a silence that’s almost deafening. Loss is never simple; it’s tangled in questions that don’t always have answers. How do you begin to move forward when everything feels irreparably fractured?

In moments like these, seeking justice isn’t just about blame—it’s about finding a sense of balance in the chaos. In Florida, the law provides a way to do that through a wrongful death claim. It’s not about undoing the harm, but about honoring the life lost and ensuring the pain isn’t carried in silence. Let’s walk through this together.

1) What Is a Wrongful Death Claim?

Losing a loved one is one of life’s most devastating experiences, especially when their passing could have been prevented. When someone's negligence, recklessness, or intentional act leads to another person’s death, Florida law offers a pathway for grieving families to seek justice and financial support.

The Florida Wrongful Death Act  (Florida Statutes § 768.16) provides the legal foundation for these claims. It recognizes that a wrongful death impacts not just the person who passed away but their family as well—the spouses, children, parents, and others who relied on them emotionally or financially. Understanding your rights under Florida law is the first step toward healing and seeking justice for your loved one.

This law allows families to pursue compensation for the tangible and intangible losses they’ve endured. Whether it’s medical bills, funeral expenses, or the loss of companionship and guidance, a wrongful death claim is about more than money—it’s about holding the responsible party accountable and giving families a sense of closure during a difficult time. 

2) Who Can File a Wrongful Death Claim in Florida?

If you go through such a deeply personal tragedy, the law recognizes the importance of ensuring that the surviving family members have a voice. In Florida, the process for seeking justice after such a loss begins with the personal representative of the deceased’s estate.

This representative, often named in the deceased’s will or appointed by the court, is responsible for filing the wrongful death claim. However, the claim is not for the representative’s benefit—it’s filed on behalf of the deceased’s survivors.

Under Florida law, survivors may include:

• The spouse, who has lost a partner’s love, support, and companionship.

• Children face the absence of parental guidance, care, and financial stability.

• Parents, especially in cases where a child’s death leaves an irreplaceable void.

• Other dependents, such as family members, relied on the deceased for emotional or financial support.

3) Types of Compensation Available

Florida law recognizes the profound impact of such a loss and allows survivors to seek compensation for the damages they’ve endured. These damages fall into several categories, reflecting both tangible and intangible losses.

⇒ Economic Damages

These damages cover the financial losses directly tied to the death, helping families address immediate and long-term expenses. Survivors may recover compensation for:

• Medical expenses: Medical expenses incurred before the passing, such as hospital bills and treatments.

• Funeral and burial costs: This type of expenditure can burden grieving families unexpectedly.

• Lost income: Lost wages and benefits the deceased would have contributed to the household, including future earnings.

⇒ Non-Economic Damages

While more difficult to quantify, non-economic damages acknowledge the deep emotional and personal losses survivors experience, including:

• Pain and suffering, reflect the grief and anguish caused by the loss.

• Loss of companionship and protection for a spouse, recognizing the void left by a partner.

• Loss of parental guidance and support for children who depended on their parent’s love, care, and wisdom.

⇒ Punitive Damages

In cases where the death resulted from gross negligence or an intentional act, the court may award punitive damages. These are not meant to compensate for losses but rather to punish the wrongdoer and deter similar conduct in the future.

4) Statute of Limitations for Wrongful Death Claims in Florida

Time is precious while coping with the consequences of a wrongful death. In Florida, the statute of limitations gives families a 2-year window from the date of death to file a wrongful death claim. This means that the clock starts ticking the moment your loved one passes away, and missing that deadline could prevent you from seeking compensation.

• Impact of Missing the Deadline

While 2 years may seem like ample time, grief and the emotional strain of dealing with a loss can make it easy to overlook the importance of this deadline. However, it’s crucial to act swiftly—waiting too long can have lasting consequences. 

Missing the deadline can have serious consequences—typically, you lose your right to pursue a claim. That’s why it’s critical to move quickly and consult a lawyer to explore any exceptions that might apply to your specific situation.

• situations where the deadline might differ

However, there are exceptions to this rule. For example, if fraud was involved in concealing the cause of death, or if there are other mitigating circumstances, the timeline may be extended. The clock is paused until the fraudulent or concealed information is discovered. These exceptions are often complex, so seeking legal guidance is essential. 

Another instance is, in some cases, the discovery rule may apply—where the clock doesn’t start until the cause of death is discovered, or if the deceased's death was due to criminal acts, the timeline might be extended.

5) The Role of an Attorney in Wrongful Death Claims

The pain of losing a dear one is unimaginable, and the legal complexities that follow. This is where a wrongful death attorney steps in to guide you through the process. Here’s how they stand out in your situation: 

• Investigating the Cause of Death: A skilled attorney will thoroughly investigate the circumstances surrounding the death. This includes gathering medical records, accident reports, witness statements, and any other relevant information to build a strong case and save you from personal injury claim rejection. 

• Identifying Liable Parties: In wrongful death cases, determining who is legally responsible can be tricky. Your attorney will work to identify all potential parties that could be held accountable, whether it’s an individual, a company, or even a government entity. This is crucial for ensuring that justice is served.

• Calculating the Full Extent of Damages: The impact of a wrongful death goes far beyond just funeral expenses. Your attorney will help you calculate economic damages (like lost income) and non-economic damages (like emotional pain and suffering). This includes both the immediate and long-term consequences of the loss, ensuring that your family is compensated fairly.

• Advocating for You: Whether it’s settlement negotiations or any denied claim with the insurance company or court proceedings, an attorney advocates on your behalf, taking the pressure off your shoulders so you can focus on healing. 

ROBERT J. JOHNSON, ESQ — Finding Justice, When the World Feels Unjust

In the weight of grief, when the world feels hollow and the answer seems far away, you shouldn’t have to stand before the legal system alone. At Robert J. Johnson, we understand this moment isn’t about laws and claims—it’s about your humanity, your loss, and the search for meaning amidst the chaos. 

Our work isn’t just courts or contracts; it’s in walking beside you, in lifting some of the burden you carry. Because sometimes, justice is the only language that makes sense when all else feels broken.

When you choose Robert J. Johnson, you gain more than a lawyer—you gain a committed advocate who will stand by your side. Reach out to us to take on the legal heavy lifting so you can focus on the quiet, difficult work of healing and finding your way back to a life that moves forward, step by step.