What Counts as a Wrongful Death Lawsuit in Florida?

Bill Allen | September 12, 2025 | Wrongful Death

What Counts as a Wrongful Death Lawsuit in Florida?

Coping with the death of a loved one is never easy, but the situation can be even more difficult when someone else is responsible for your loved one’s death. When this happens, you may be entitled to file a wrongful death lawsuit to recover compensation for your loss. 

Continue reading to learn more about wrongful death lawsuits in Florida, including what they are and who may file them.

What Is a Florida Wrongful Death Lawsuit?

According to Florida law, a wrongful death occurs when someone’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty of any person.” The law goes on to state that the deceased person would have been able to file a personal injury lawsuit had death not occurred. Instead, a wrongful death lawsuit would be allowed.

Some common situations that may result in a wrongful death lawsuit include when your loved one’s death was caused by:

If you lose a loved one due to someone else’s conduct, an experienced personal injury lawyer can help you determine whether a wrongful death lawsuit is appropriate.

Who May File a Wrongful Death Lawsuit in Florida?

Not just anyone may file a wrongful death lawsuit in Florida. The only party who may file a wrongful death lawsuit in Florida is the deceased’s personal representative. This person is named in the will as the executor of the deceased’s estate. If no will exists, the court will appoint a personal representative for the estate.

The proceeds of a wrongful death lawsuit are for the benefit of the surviving family members. 

Compensation may be distributed to the surviving:

  • Spouse
  • Children
  • Parents
  • Blood relatives or adopted siblings who depended on the deceased for financial support

Wrongful death lawsuits can get complex, so it is always important to consult with an experienced attorney as soon as possible for help.

What Types of Damages Are Available in Wrongful Death Claims?

The damages in a wrongful death lawsuit include economic and non-economic damages. 

Economic damages compensate surviving family members for their financial losses, such as:

  • Funeral and burial expenses
  • Costs of attempted life-saving medical treatments
  • Lost benefits
  • Loss of earnings
  • Loss of inheritance
  • Value of household services performed by the deceased

Additionally, victims’ families may recover non-economic damages for their emotional pain and trauma, including:

  • Mental anguish
  • Loss of companionship
  • Loss of consortium
  • Loss of love and support
  • Loss of parental guidance
  • Depression

Putting an accurate value on all these damages can be challenging. Many factors must be evaluated when determining the value of a wrongful death lawsuit. An experienced lawyer can help you properly value your claim to ensure that you obtain the maximum recovery for your loved one’s death.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

After your loved one’s death, your time to file a wrongful death lawsuit is limited. In Florida, you typically have two years from the date of death to file a lawsuit for damages. Missing this deadline can completely bar you from recovering any compensation after your loved one’s death.

However, you should be aware that some special circumstances can affect the deadline associated with your case. This is why you should always seek help from an experienced lawyer after any type of accident. Your lawyer can help you ensure that you do not lose your chance to recover compensation in a wrongful death lawsuit.

Contact Our Gainesville Wrongful Death Lawyers at Allen Law Accident & Injury Lawyers for a Free Consultation

If you’ve recently lost a loved one due to someone else’s negligence, you deserve compensation from the person responsible. If you aren’t sure where to start, call the compassionate Gainesville wrongful death lawyers at Allen Law Accident & Injury Lawyers. We offer free consultations and work on a contingency basis, so you’ll pay nothing up front.

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