Who can file a wrongful death claim in Florida
Reviewed by
by: Paul R. Shalhoub
Florida does not let family members sue individually. One person brings the claim on behalf of everyone, and the Act decides who the everyone is.
Key takeaways
The short version, before the detail.
- Only the personal representative of the estate may file, under Florida Statutes 768.16 to 768.26.
- The claim is brought on behalf of the estate and of each statutory survivor.
- Survivors generally include the spouse, children, parents, and any blood relative or adoptive sibling partly dependent on the deceased.
- The limitation period is two years from the date of death.
- Different survivors are entitled to different categories of damages.
The personal representative
The claim belongs to the estate, and only the personal representative can bring it. That person is named in the will or appointed by the probate court, so opening an estate is usually the first practical step in a wrongful death case.
Individual family members cannot file their own separate suits for the same death. They participate as survivors within the single action.
Who counts as a survivor
- The surviving spouse
- Children. Minor children have broader rights to recover for lost parental companionship; the Act defines minor children as under 25 for these purposes.
- Parents, who may recover for mental pain and suffering, with limits that depend on the age of the deceased and whether other survivors exist.
- Dependent blood relatives and adoptive siblings who were partly dependent on the deceased for support or services.
What can be recovered
The estate may recover lost earnings from the date of injury to death, loss of net accumulations, and medical and funeral expenses it paid. Survivors may recover lost support and services, loss of companionship and guidance, and mental pain and suffering, depending on their relationship to the deceased.
Do you need a lawyer for a wrongful death claim?
Honestly, almost always. The Act is built so that a layperson cannot file alone.
The narrow exception. The death was plainly not anyone's fault, no insurer is involved, and the family is settling an estate rather than pursuing a claim. That is probate work, not an injury case.
Everywhere else. Only the personal representative may bring the claim, which means opening an estate before anything can be filed. The Act decides which survivors may recover and which may not, and that list is narrower than most families expect. Medical negligence deaths carry their own pre-suit requirements and their own limits on who recovers. Two years runs from the date of death, and a government defendant requires written notice well before that.
The consultation is free, so finding out which one you are in costs a phone call.
Frequently asked questions
Can I file if I was not married but we lived together?
The Act is specific about who qualifies, and a non-marital partner is generally not a statutory survivor. It is worth asking about the particular facts.
How long do we have?
Two years from the date of death for most wrongful death claims. Claims involving a government body require written notice first.
Do we have to open a probate estate?
In practice yes, because the personal representative is the only person who can bring the claim.
What if the death was caused by medical care?
Chapter 766's pre-suit requirements apply, and Florida law limits which survivors may recover non-economic damages in medical negligence deaths. That area is unusually technical.
Talk to Paul about your claim
Consultations are free and confidential. We advance case costs, and you owe no attorney’s fees or reimbursement of those costs unless we recover compensation for you. Paul handles every case personally.
Written by
Paul R. Shalhoub
Personal injury attorney, West Palm Beach
Paul R. Shalhoub is the owner of Shalhoub Law Injury & Accident. He began his career defending insurance carriers and now represents the people those carriers underpay, handling every case personally from the first call through trial. He was mayor of Lake Clarke Shores in 2022 and 2023, after three terms on its town council, and sits on boards across Palm Beach County.
How we help with a wrongful death claim
The claim types this article touches, and how the firm runs them.
