Navigating the Florida Wrongful Death Statute: Understanding Key Provisions and Limitations

Losing a loved one is an unimaginable tragedy, and the pain is even more profound when their death was caused by the negligence or wrongful actions of another party. In such devastating circumstances, understanding the legal framework surrounding wrongful death claims becomes essential. In the state of Florida, specific statutes govern wrongful death cases, outlining the provisions and limitations that apply. In this blog post, we will explore the key aspects of the Florida Wrongful Death Statute, shedding light on its important provisions and limitations.

Defining Wrongful Death in Florida

Under Florida law, wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract, or warranty of another individual or entity. Wrongful death claims are civil actions that aim to seek compensation for the damages and losses suffered by the surviving family members due to the death of their loved one.

Statutory Eligibility and Time Limitations

The Florida Wrongful Death Statute provides guidelines regarding who is eligible to file a wrongful death claim and the time limitations involved. The following parties are generally permitted to bring forth a claim:

The personal representative of the deceased person’s estate: The personal representative acts on behalf of the decedent’s estate and represents the interests of the surviving family members.

  • Surviving spouse: The spouse of the deceased person may file a wrongful death claim individually or on behalf of themselves and any minor children.
  • Children: Minor children, including adopted children, may be eligible to bring a wrongful death claim. In some cases, adult children may also have the right to pursue a claim.
  • Parents: If the deceased person has no surviving spouse or children, their parents may have the standing to file a wrongful death claim.

It’s important to note that Florida imposes a time limit, known as the statute of limitations, for filing a wrongful death claim. In most cases, the claim must be filed within two years from the date of the individual’s death. Failing to meet this deadline may result in the loss of the right to seek compensation.

Damages and Limitations

The Florida Wrongful Death Statute allows for the recovery of various types of damages in a wrongful death claim. These may include:

  • Economic Damages: Compensation for financial losses, such as medical expenses, funeral costs, lost wages, and future income the deceased person would have provided to the family.
  • Non-Economic Damages: Compensation for intangible losses, such as pain and suffering, loss of companionship, and emotional distress experienced by the surviving family members.
  • Punitive Damages: In certain cases where the wrongful act was particularly egregious, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

However, it’s essential to be aware that Florida law places limitations on the recovery of damages in wrongful death cases. For example, there is a cap on non-economic damages in medical malpractice cases. Additionally, adult children may face limitations on their ability to recover certain damages, depending on their relationship with the deceased person.

Consulting an Experienced Attorney

Navigating a wrongful death claim in Florida can be a complex and emotionally challenging process. Consulting with an experienced wrongful death attorney is crucial to understanding the specific provisions and limitations that apply to your case. A skilled attorney can guide you through the legal proceedings, ensure your rights are protected, and help you seek the compensation you and your family deserve during this difficult time.


The Florida Wrongful Death Statute plays a significant role in providing a legal framework for pursuing compensation when a loved one’s death occurs due to someone else’s negligence or wrongful actions. Understanding the key provisions and limitations outlined in this statute is vital for those seeking justice for their loss. If you find yourself in such a situation, it is advisable to consult with a compassionate and knowledgeable attorney who can navigate the legal complexities and help you through this challenging process. Remember, while no amount of compensation can ease the pain of losing a loved one, seeking justice can provide a sense of closure and support for the future.