Florida Wrongful Death Defense
Defending a Florida wrongful death claim works within the Wrongful Death Act (Fla. Stat. §§ 768.16–768.26). Key defenses include challenging standing and who qualifies as a 'survivor,' contesting the claimed damages, allocating comparative fault, and the strict two-year deadline.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Florida defense attorney about the specific facts.
Wrongful death claims carry high stakes, and Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) provides the framework — including several points the defense can contest.
Standing and survivor disputes
The Act allows only a single action brought by the decedent’s personal representative for the benefit of survivors and the estate (Fla. Stat. § 768.20). The defense can test:
- Whether the personal representative was properly appointed and has standing; and
- Whether each claimed “survivor” actually qualifies under the statutory definitions (Fla. Stat. § 768.18) — which affects who can recover and what damages are available (note the Act’s rule that “minor children” means children under 25).
Damages challenges
The defense scrutinizes the claimed damages — lost support and services, loss of companionship, mental pain and suffering, and the estate’s losses — for proof and causation, and addresses the contested medical-malpractice noneconomic-damages provisions where applicable.
Comparative fault and the deadline
Florida’s modified comparative negligence (Fla. Stat. § 768.81) applies — the decedent’s own fault reduces recovery, and at more than 50% bars it entirely. And the two-year deadline from the date of death (Fla. Stat. § 95.11) is a complete defense if the claim is filed late.
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Start your free intakeFrequently asked questions
- Who has standing to bring a Florida wrongful death claim?
- Only the decedent's personal representative may bring the single action, on behalf of survivors and the estate (Fla. Stat. § 768.20). Challenging proper appointment and the standing of claimed survivors is a threshold defense.
- Can the defense limit who counts as a 'survivor'?
- Yes — the Wrongful Death Act defines survivors (Fla. Stat. § 768.18), and disputes over who qualifies (and the statute's 'minor children means under 25' rule) affect what damages are recoverable.
- How does comparative fault apply to a wrongful death claim?
- Florida's modified comparative negligence (Fla. Stat. § 768.81) applies — the decedent's own fault reduces recovery, and at more than 50% fault bars it. The two-year deadline (Fla. Stat. § 95.11) is also a complete defense if missed.
Sources
Related guides
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