Florida Wrongful Death Act: Who Can Sue & Damages

Florida's Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) requires the decedent's personal representative to bring a single action for the benefit of survivors and the estate. The Act defines who counts as a 'survivor' (with 'minor children' meaning under 25), sets the recoverable damages, and carries a two-year deadline.

This is general information, not legal advice. Talk to a Florida attorney promptly — the two-year deadline applies.

When negligence causes a death in Florida, the family’s remedy is the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26).

One action, brought by the personal representative

Florida requires a single action brought by the decedent’s personal representative for the benefit of both the survivors and the estate (Fla. Stat. § 768.20) — individual family members don’t file separately.

Who counts as a “survivor”

The Act defines survivors (Fla. Stat. § 768.18) to include the spouse, children, parents, and certain dependent blood relatives and adoptive siblings. A Florida-specific detail: “minor children” means children under 25 for purposes of the Act, regardless of the age of majority.

Recoverable damages

Damages (Fla. Stat. § 768.21) can include, depending on the survivor: lost support and services; a spouse’s loss of companionship and mental pain and suffering; minor children’s lost parental companionship, instruction, and guidance; parents’ mental pain and suffering for a child’s death; and the estate’s losses (lost earnings, net accumulations, and medical/funeral expenses).

Note: Florida has historically had a contested carve-out limiting certain noneconomic recovery in medical-malpractice wrongful-death cases (§ 768.21(8)); that area has been the subject of recent legislative attention, so confirm the current status for a med-mal death.

Deadline

The deadline is generally two years from the date of death (Fla. Stat. § 95.11(4)(e)). To get matched with a local Florida wrongful death attorney, connect with a lawyer.

Frequently asked questions

Who can file a wrongful death claim in Florida?

Only the decedent's personal representative, who brings a single action on behalf of the survivors and the estate (Fla. Stat. § 768.20).

Who counts as a 'survivor'?

Generally the spouse, children, parents, and certain dependent blood relatives (Fla. Stat. § 768.18). Notably, 'minor children' means children under 25 for purposes of the Act.

How long do families have to file?

Generally two years from the date of death (Fla. Stat. § 95.11(4)(e)).

Related guides

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Florida Wrongful Death Claims