Wrongful Death Attorney in Orlando

Florida Wrongful Death Law: What Families Need to Know

Florida defines wrongful death as a death caused by another party’s wrongful act, negligence, default, or breach of contract or warranty under Fla. Stat. §768.19. A wrongful death lawsuit is a civil matter, entirely separate from any criminal prosecution arising from the same incident. Both proceedings can move forward independently, and a criminal acquittal doesn’t prevent a civil wrongful death claim from proceeding.

To prevail on a negligence-based wrongful death claim, the family must generally establish four elements: that the responsible party owed a duty of care to the deceased, that the party breached that duty, that the breach caused the death, and that the death resulted in measurable damages.

Who Can File a Wrongful Death Claim in Florida

Under Florida’s Wrongful Death Act, the lawsuit must be filed by the personal representative of the deceased person’s estate. The personal representative acts on behalf of the estate and all eligible family members. If the deceased didn’t name one, the court appoints a personal representative to serve in that role.

The family members who qualify as beneficiaries under Fla. Stat. §768.18 include the surviving spouse, surviving children, and surviving parents, as well as certain dependent blood or adoptive relatives. Each beneficiary’s right to recover depends on the relationship to the deceased and the specific circumstances of the case.

Damages Available to the Family & Estate

Florida law distinguishes between what surviving family members can recover and what the estate can recover. Under Fla. Stat. §768.21, beneficiaries may seek the value of lost support and services, loss of a spouse’s companionship and protection, loss of a minor child’s parental companionship and guidance, and mental pain and suffering.

The decedent’s estate can separately recover lost earnings the deceased would have earned and medical or funeral expenses that became a charge against the estate. Together, these two categories reflect the full financial and personal scope of loss a family may have suffered.