What Is Wrongful Death Law?

The sudden loss of a loved one can leave families grieving and overwhelmed. Someone else’s negligence, recklessness, or wrongdoing can make that loss feel even more devastating. Fortunately, the law allows certain family members to seek justice through what’s known as a wrongful death claim.

But what exactly is wrongful death law, and how does it work in Florida?

At the Law Offices of Jason Turchin, we represent families throughout Florida and the U.S. in wrongful death cases. This guide explains wrongful death law, who can file a claim, what damages you may recover, and how a lawyer can help.

What Is Wrongful Death Law?

Wrongful death law is the area of civil law that allows certain family members or a representative of the deceased’s estate to file a lawsuit or claim when someone’s negligent, reckless, or intentional acts cause another person’s death.

These claims are separate from criminal proceedings. While criminal charges like homicide or manslaughter may be filed by the state, a wrongful death lawsuit is a civil case filed by the family or estate to seek monetary compensation for their losses.

Purpose of Wrongful Death Law

Wrongful death laws are designed to:

• Compensate surviving family members for financial and emotional losses
• Hold individuals, companies, or entities accountable for preventable deaths
• Encourage safety by deterring negligent behavior
• Ensure that the responsible party doesn’t avoid liability just because the victim is no longer alive to sue

Florida’s Wrongful Death Statute

In Florida, wrongful death claims are governed by the Florida Wrongful Death Act — specifically, Florida Statutes §§ 768.16–768.26.

This statute outlines:

• Who can file a wrongful death lawsuit
• What types of damages can be recovered
• The time limits for filing a claim
• How settlements are distributed among surviving relatives

What Types of Incidents Can Lead to a Wrongful Death Claim?

Any situation that would have allowed the person to bring a personal injury claim — had they survived — may form the basis for a wrongful death case.

Common causes include:

• Car accidents (including DUI or distracted driving)
• Truck or motorcycle accidents
• Medical malpractice
• Defective or dangerous products
• Workplace or construction accidents
• Slip and fall injuries
• Nursing home abuse or neglect
• Acts of violence or assault
• Dangerous property conditions
• Defective drugs or medical devices

Each case is unique, and a wrongful death attorney can investigate to determine whether a viable claim exists.

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, a wrongful death lawsuit must be filed by the “personal representative” (PR) of the deceased person’s estate. This person may be:

• Named in the decedent’s will, or
• Appointed by the probate court if there is no will

The PR files the lawsuit on behalf of the estate and eligible survivors, which may include:

Eligible Survivors Under Florida Law:

• Spouse – May recover for loss of companionship and mental suffering
• Children – May recover for lost parental companionship and guidance
• Parents – May recover for pain and suffering if a minor child dies (and in some cases, if an adult child dies)
• Other dependents – Blood relatives or adoptive siblings who were financially dependent on the decedent may recover under certain conditions

What Damages Can Be Recovered?

Wrongful death damages are divided into two broad categories:

1. Damages Recoverable by the Estate:

• Medical and funeral expenses paid by the estate
• Loss of net accumulations the decedent would have earned over their lifetime
• Any conscious pain and suffering before death (in certain cases)

2. Damages Recoverable by Surviving Family Members:

• Loss of companionship, protection, and guidance
• Mental pain and suffering (for spouses, children, or parents)
• Lost support and services (both financial and household contributions)
• Medical and funeral expenses paid by a survivor

How Are Wrongful Death Settlements Distributed?

Any settlement or jury verdict must be approved by the court and is typically distributed among the survivors based on:

• Their degree of loss
• Their relationship to the deceased
• Whether they were financially dependent on the deceased

Florida law ensures fair distribution of proceeds, especially when multiple survivors are involved.

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

In Florida, wrongful death lawsuits must generally be filed within two years from the date of death.

Important exceptions may apply in cases involving:

• Medical malpractice
• Defective products
• Criminal activity
• Fraudulent concealment

Because the deadline is shorter than most injury claims, it’s critical to speak with a lawyer as soon as possible.

Real-Life Example: Wrongful Death From a Car Accident

A Florida resident dies after a car accident caused by a drunk driver. His family may file a wrongful death lawsuit against:

• The at fault driver (for being careless and reckless)
• The at fault driver’s vehicle owner
• The UM insurance company of the vehicle the decedent was in
• The UM insurance company of any vehicle of a resident relative of that decedent
• A bar or restaurant if they served the at fault driver underage or if he was an alcoholic
• An automobile manufacturer if there was a vehicle defect
• Others

The personal representative files the suit on behalf of the survivors.

Differences Between Wrongful Death and Criminal Cases

You can file a wrongful death lawsuit even if no criminal charges are filed, or if the defendant is found not guilty in a criminal trial.

Why Hire a Florida Wrongful Death Lawyer?

Wrongful death cases are often complex. An experienced lawyer can help:

• Determine whether you have a valid claim
• Identify all responsible parties
• File and manage the probate estate
• Collect medical, financial, and employment records
• Work with economists and experts to value the claim
• Handle communications with insurers and opposing counsel
• Pursue a settlement or take the case to trial if necessary

At the Law Offices of Jason Turchin, we offer compassionate legal help to grieving families — and we don’t charge any fees or costs unless we win.

Frequently Asked Questions About Wrongful Death Law

1. What is wrongful death law?

This legal framework allows surviving family members to sue when another person’s negligence or wrongdoing causes a death.

2. Who can sue for wrongful death in Florida?

Only the personal representative of the deceased’s estate can file, on behalf of eligible survivors like spouses, children, or parents.

3. What damages are recoverable?

Damages may include funeral expenses, lost income, emotional suffering, and loss of companionship.

4. How long do I have to file a wrongful death lawsuit?

You generally have 2 years from the date of death, but exceptions exist.

5. How is compensation divided?

The court considers the relationships and financial dependency of survivors and approves a fair distribution.

6. Do I need a lawyer?

Yes. These cases involve legal, financial, and procedural complexities that a wrongful death attorney can handle on your behalf.

Contact a Florida Wrongful Death Lawyer Today

If someone else’s negligence, recklessness, or intentional act caused your loved one’s death, you may be entitled to justice and compensation. Let the Law Offices of Jason Turchin help you navigate Florida’s wrongful death law with compassion and experience.

📞 Call us today at (800) 337-7755 or fill out our online form for a free consultation. There are no fees or costs unless we win.