Understanding the Florida Wrongful Death Statute

Bill Allen | April 1, 2025 | Wrongful Death

Understanding the Florida Wrongful Death Statute

Have you lost a loved one because of an accident or another party’s actions? If so, you may be able to file a wrongful death claim seeking damages. This blog addresses what the statute is, who can file a wrongful death case and more. A Gainesville wrongful death lawyer can answer any further questions about the Florida Wrongful Death Statute in Gainesville, FL.

What Is a Wrongful Death Lawsuit in Florida?

A wrongful death lawsuit is a civil claim seeking damages from the party who caused your loved one’s death. According to Florida Statute 768.19, the right to a wrongful death action arises when the death of a person was caused by another party’s:

  • Wrongful act
  • Default
  • Negligence
  • Breach of contract or warranty

The deceased person would have been entitled to an action to recover damages if they had lived. Wrongful death actions may involve criminal acts. However, the civil case is separate from any criminal charges that might be filed.

Who Can File a Florida Wrongful Death Claim?

Some states allow only family members to file a wrongful death claim. However, Florida’s wrongful death laws give that right to the personal representative of the deceased person’s estate. The estate recovers the compensation for damages on behalf of the family members and heirs.

Common Causes of Wrongful Death Claims in Gainesville, FL

Most personal injuries are caused by intentional acts or negligence. Therefore, a wrongful death action may arise from numerous accidents and incidents that result in personal injuries.

Examples of common reasons for wrongful death claims include:

  • Motor vehicle accidents, including crashes involving cars, trucks, motorcycles, pedestrians, and bicycles
  • Premises liability claims, including slip and fall cases
  • Medical malpractice claims
  • Product liability cases
  • Construction accidents
  • Nursing home abuse
  • Boating accidents
  • Intentional torts, including assault
  • Dog bites and animal attacks
  • Birth injuries

Talk with an attorney if you are unsure whether you have a wrongful death case. The best way to determine your rights is to discuss the situation with an experienced wrongful death lawyer.

What Damages Can I Receive for a Wrongful Death Case?

The damages in a wrongful death case differ from the damages for other personal injury claims. The damages for a wrongful death claim include:

  • Reasonable and necessary funeral expenses
  • Loss of consortium
  • Medical expenses between the injury date and the person’s death
  • Loss of earnings and wages for the deceased
  • Pain and suffering
  • Loss of inheritance and estate planning (i.e., loss of prospective net accumulations)
  • The loss of support, guidance, and companionship

The amount the family receives depends on numerous factors, including the strength of the evidence proving the case, insurance coverage, and fault. An attorney can review your case and provide more details about damages during a free consultation.

Who Receives the Proceeds From a Wrongful Death Claim in Florida?

The law identifies family members eligible to receive compensation for a wrongful death claim. The family members include:

  • The surviving spouse
  • Children under the age of 25 years old
  • All children if there is no surviving spouse
  • Other family members who were dependents of the deceased
  • Parents of a deceased minor child or an adult child who left no other survivors

The court may consider other family members in unique situations. Determining who qualifies as an eligible beneficiary can be complicated in some situations.

The amount received by each individual is governed by law. The payments are based on their relationship with the deceased and their losses.

Does Contributory Fault Apply to Wrongful Death Claims?

Florida’s modified contributory fault law applies to wrongful death cases. If your loved one is partially to blame for causing the accident that resulted in their death, it impacts damages. If your loved one was 50% or more to blame, the law bars recovery of damages. If the percentage of fault is less than 50 percent, the court reduces the damages by the level of fault.

Therefore, if a jury determines a victim is 60% to blame, the family does not receive any damages. However, if the jury determines the victim is 30% to blame, the family would receive 70% of the damages award. Insurance companies and defense attorneys often try to shift blame to victims. Experienced injury lawyers are prepared for this tactic.

To recover damages for a wrongful death claim, you must prove that someone else’s conduct caused your loved one’s death. You must also prove that your loved one could have filed a personal injury lawsuit had they lived and your family incurred damages because of your family member’s death.

Many wrongful death cases are based on negligence, so you also need to prove the at-fault party’s conduct was negligent. The legal elements of a negligence claim are:

  • The party responsible for your loved one’s death owed them a duty of care
  • The party breached the duty of care owed to your family member
  • The breach of duty was the direct and proximate cause of your loved one’s death
  • An eligible family member incurred damages because of the death

A wrongful death claim may be based on intentional torts. If so, you would not need to prove negligence. Instead, you would prove that the party intentionally caused your loved one’s death.

What Is the Statute of Limitations for Wrongful Death Actions in Florida?

The Florida statute of limitations for most wrongful death lawsuits is two years from the person’s death. The family could lose their right to pursue a legal claim if the lawsuit is not filed before the deadline.

Exceptions to the law and factors of the case could change the deadline for filing a lawsuit. Seeking prompt legal advice after a wrongful death helps protect your family’s rights to seek justice from the party who caused your loved one’s death.

A Wrongful Death Lawyer Can Help

Filing a wrongful death claim in Florida can be complex, but understanding your rights and legal options is crucial for seeking justice for your loved one. The Florida Wrongful Death Statute allows eligible family members to recover damages, including medical expenses, lost income, and emotional suffering. Losing a family member is never easy. If the death was caused by the negligence or wrongdoing of another party, your family may have a wrongful death claim. Make sure to contact a Gainesville wrongful death lawyer for help with your case. 

Contact Our Gainesville Personal Injury Law Firm at Allen Law Accident & Injury Lawyers in North Central Florida

If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today, we’re open 24 hours daily.

We have three convenient locations in Marion County and Alachua County, North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville Office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258