Wrongful Death Claims in Florida: What Families Need to Know
Losing a loved one is devastating — especially when their death was caused by someone else’s negligence. Florida law allows surviving family members to seek justice and compensation through a wrongful death claim.
At The Bonderud Law Firm, we help grieving families navigate these difficult legal matters with compassion and strength. Here’s what you need to know if you’re considering a wrongful death lawsuit in Florida.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies due to the negligence, recklessness, or intentional misconduct of another party. Common causes include:
- Car or truck accidents
- Motorcycle or pedestrian accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
The goal is not criminal punishment — it’s to compensate surviving family members for their loss.
Who Can File a Wrongful Death Claim in Florida?
Under Florida Statute § 768.19, the personal representative (executor) of the deceased person’s estate must file the lawsuit on behalf of the surviving family members, which may include:
- Spouse
- Children
- Parents
- Dependent relatives
Each eligible survivor may recover different types of damages based on their relationship to the deceased.
What Damages Can Be Recovered?
Surviving family members may be entitled to:
- Loss of support and services
- Loss of companionship and protection (for spouses)
- Mental pain and suffering (for close relatives)
- Lost parental companionship, instruction, and guidance (for children)
- Medical and funeral expenses paid by the survivor
The estate may also recover:
- Lost earnings from the time of injury to death
- Loss of net accumulations the deceased would have saved
- Medical and funeral expenses paid by the estate
What Is the Statute of Limitations?
In Florida, wrongful death claims must be filed within two (2) years of the date of death. Missing the deadline could permanently bar your claim.
Do You Have to Prove Fault?
Yes — the plaintiff must prove that the defendant’s negligence or misconduct directly caused the death. This may involve:
- Accident reports
- Expert testimony
- Medical records
- Witness statements
- Surveillance footage or black box data (in vehicle cases)
You Deserve Answers. We’re Here to Help.
Wrongful death claims are emotionally and legally complex. At The Bonderud Law Firm, we provide clear guidance, strong representation, and heartfelt support for families seeking justice.
Contact us today to schedule a consultation and learn how we can help you and your family.
