Wrongful Death Lawsuits in Florida
Who can bring a wrongful death claim in Florida, the deadline to file, and any limits on damages.
Short answer: The deceased person's personal representative brings the action and recovers damages for the benefit of the survivors and the estate; all potential beneficiaries must be named in the complaint. Fla. Stat. §§ 768.20, 768.21
| Who can sue for wrongful death | The deceased person's personal representative brings the action and recovers damages for the benefit of the survivors and the estate; all potential beneficiaries must be named in the complaint. Survivors may recover lost support and services. A surviving spouse may also recover for loss of companionship and for mental pain and suffering. Minor children (and adult children if there is no surviving spouse) may recover for lost parental companionship, guidance and mental pain and suffering. Parents of a minor child, and parents of an adult child when there are no other survivors, may recover for mental pain and suffering. Source: Fla. Stat. §§ 768.20, 768.21 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within 2 years. Source: Fla. Stat. § 95.11(5)(e) |
More Florida personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Florida
- Medical Malpractice Rules in Florida
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- Slip, Trip and Fall Injuries in Florida
- Motorcycle Accident Claims in Florida
- Pedestrian Accident Claims in Florida
- Bicycle Accident Claims in Florida
- Uber and Lyft Accident Claims in Florida
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- All Florida personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Florida?
The deceased person's personal representative brings the action and recovers damages for the benefit of the survivors and the estate; all potential beneficiaries must be named in the complaint. Survivors may recover lost support and services. A surviving spouse may also recover for loss of companionship and for mental pain and suffering. Minor children (and adult children if there is no surviving spouse) may recover for lost parental companionship, guidance and mental pain and suffering. Parents of a minor child, and parents of an adult child when there are no other survivors, may recover for mental pain and suffering.
How long do you have to file a wrongful death lawsuit in Florida?
A wrongful death lawsuit must be filed within 2 years.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.