Florida’s Wrongful Death Law (Florida Wrongful Death Act Explained)

Florida’s Wrongful Death Law (Florida Statutes 768.16–768.26) governs who may file a wrongful death lawsuit, who may recover damages, and how compensation is calculated after a fatal accident in Florida. The statutes are commonly referred to as the Florida Wrongful Death Act. These statutes determine:

• Who may file a wrongful death lawsuit
• Who may recover damages
• What compensation may be awarded
• How damages are calculated
• How settlements are approved
• How probate interacts with the claim
• How long you have to file

If you are searching for information about Florida’s wrongful death statute, this guide explains the law in plain English.

What Is the Purpose of Florida’s Wrongful Death Act?

Under Section 768.17, the legislative intent of Florida’s Wrongful Death Act is clear:

The law exists to shift financial losses caused by wrongful death from surviving family members to the wrongdoer.

Florida law is generally considered remedial, meaning courts are often instructed to interpret it broadly in favor of survivors.

Who Can File a Wrongful Death Lawsuit in Florida?

Under Section 768.20, the wrongful death action must be filed by the personal representative of the estate.

This is important:

• Individual family members cannot directly file the lawsuit.
• The personal representative brings the case on behalf of both:
  • The survivors
  • The estate

The personal representative is typically appointed through probate court.

Who Is Considered a “Survivor” Under Florida Law?

Florida Statute 768.18 defines survivors as:

• The surviving spouse
• Children (including certain children born out of wedlock)
• Parents
• Blood relatives or adoptive siblings who were dependent on the deceased

Minor Children Definition

Florida defines “minor children” as children under 25 years of age for wrongful death purposes even though the age of majority is 18.

This expanded definition significantly impacts damage calculations.

What Damages Are Available Under Florida’s Wrongful Death Law?

Florida’s statute separates damages between:

1. Survivors
2. The Estate

This is one of the most misunderstood aspects of wrongful death law.

Damages Recoverable by Survivors

Under Section 768.21, survivors may recover:

1) Lost Support and Services

Includes:

• Financial contributions
• Household services
• Contributions in kind
• Future loss of support (reduced to present value)

Courts may consider:

• The decedent’s income
• Life expectancy
• The relationship to the survivor
• Replacement value of services

2) Spouse Damages

A surviving spouse may recover:

• Loss of companionship
• Loss of protection
• Mental pain and suffering

3) Minor Children Damages

Minor children may recover:

• Lost parental companionship
• Lost instruction and guidance
• Mental pain and suffering

If there is no surviving spouse, adult children may recover in certain circumstances.

4) Parent Damages

Parents of a deceased minor child may recover mental pain and suffering.

Parents of an adult child may recover damages only if there are no other survivors.

There are special limitations in medical negligence cases.

5) Medical and Funeral Expenses

If paid by a survivor, those expenses may be recovered.

Damages Recoverable by the Estate

The personal representative may recover for the estate:

• Lost earnings between injury and death
• Loss of net accumulations
• Medical expenses charged to the estate
• Funeral expenses paid by the estate

What Are “Net Accumulations”?

Defined under Section 768.18(5), net accumulations refer to:

The portion of expected income the deceased would likely have saved and left in their estate.

This includes:

• Salary income (after taxes)
• Pension benefits
• Business income
• Less personal expenses

This can be significant in high-income wrongful death cases.

What Happens If the Wrongdoer Dies?

Florida law allows:

• The wrongdoer’s estate to be sued
• The action to continue even if the defendant dies

What Happens If a Survivor Dies Before Judgment?

Under Section 768.24:

If a survivor dies before the case concludes:

• Recovery is limited to lost support and services through the date of the survivor’s death.
• Payment goes to the survivor’s estate.

Does a Personal Injury Case Survive If the Victim Dies?

No. Under Section 768.20:

If a personal injury results in death:

• The personal injury claim abates.
• The wrongful death action replaces it.

This can be a critical procedural rule.

Court Approval of Settlements

Under Section 768.25:

If:

• A survivor objects to a settlement, or
• A minor or incompetent is involved

The court must approve the settlement. This protects vulnerable beneficiaries.

Litigation Expenses and Attorneys’ Fees

Section 768.26 states:

• Attorneys’ fees and litigation costs are deducted from each award.
• Costs benefiting a specific survivor may be allocated accordingly.

Form of Verdict

Section 768.22 requires:

• The verdict must separately state amounts awarded:
  • To each survivor
  • To the estate

This ensures proper allocation and creditor handling.

Are Wrongful Death Awards Subject to Creditors?

Yes. Estate damages may be subject to creditor claims under probate law. Survivor damages generally are not.

How Long Do You Have to File a Wrongful Death Claim in Florida?

Under Florida’s statute of limitations (Section 95.11):

You generally have two years from the date of death to file a wrongful death lawsuit.

Certain exceptions may apply in limited circumstances.

How Probate and Wrongful Death Interact

Because the personal representative must bring the lawsuit:

• A probate estate must usually be opened.
• The wrongful death claim often runs alongside probate administration.
• Creditor claims may impact estate portions of recovery.

Our firm can assist with both wrongful death and probate coordination.

Why Understanding Florida’s Wrongful Death Law Matters

Florida’s Wrongful Death Act is technical and procedural. Mistakes in:

• Identifying survivors
• Opening probate
• Allocating damages
• Meeting deadlines

Can jeopardize the claim.

Understanding the statutory framework can help families protect their rights.

Florida Wrongful Death Attorney

An attorney experienced in Florida wrongful death litigation can:

• Evaluate who qualifies as a survivor
• Determine which damages may apply
• Coordinate probate and litigation
• Preserve evidence
• File within statutory deadlines

If you have questions about Florida’s wrongful death statute, contact the wrongful death lawyers at the Law Offices of Jason Turchin for a free consultation. You can reach us at (800) 337-7755. We are available 24/7.

You won’t pay any fees or costs unless we win or settle your case.