What Are the Steps in a Wrongful Death Lawsuit in Florida?

A wrongful death lawsuit in Florida generally follows several steps. A personal representative is appointed, the death is investigated, a demand may be sent to the insurer, the lawsuit is filed, both sides exchange evidence, and the case may settle or go to trial. Call 800-337-7755 to talk with our team.

Losing someone because of another person’s carelessness can turn a family’s life upside down overnight. In the middle of grief, few people want to think about court filings and deadlines. Still, understanding how the process works can make it feel less overwhelming. It can also help you protect the rights your family may have. If you are new to this area of law, our overview of what wrongful death law covers in Florida may be a helpful starting point.

Step 1: Appointing a Personal Representative

Many families are surprised to learn that Florida’s Wrongful Death Act does not let each relative file a separate case. Instead, the claim is usually brought by the personal representative of the deceased person’s estate. That person acts on behalf of the estate and the surviving family members.

If the person who died left a will naming a personal representative, that person is often appointed through probate court. If there was no will, the court may appoint someone, often a spouse, adult child or other close relative. This step can take some time, so starting early may help keep the case on track. To learn more about how family members fit into the claim, read who can sue for wrongful death and who may receive compensation.

Step 2: Investigating the Death

A strong claim usually begins with a careful investigation. Depending on how the death happened, this may include:

• Gathering police reports, accident reports or incident reports
• Requesting medical records and the death certificate
• Reviewing autopsy findings, if one was performed
• Locating and interviewing witnesses
• Preserving video footage, photos, vehicle data or maintenance records
• Consulting with accident reconstructionists, medical professionals or economists

Evidence can disappear quickly. Surveillance footage may be recorded over, vehicles may be repaired or scrapped, and memories fade. An attorney may send preservation letters early to ask that important evidence be kept.

Step 3: Identifying Who May Be Responsible

Some cases involve only one at-fault party. Many involve more than one. A fatal trucking crash, for example, may involve the driver, the trucking company and a maintenance contractor. A death on someone else’s property may involve the owner, a management company or a security provider. Identifying every party that may share responsibility can affect how much insurance coverage may be available.

Step 4: Calculating Damages

Florida law allows certain survivors and the estate to seek different types of damages. Depending on the facts and the family relationships, these may include:

• Lost financial support and services the person would have provided
• Loss of companionship and protection for a surviving spouse
• Loss of parental companionship, instruction and guidance for children
• Mental pain and suffering for certain family members
• Medical and funeral expenses paid by the estate or survivors
• Lost earnings and lost prospective net accumulations of the estate

Who may recover which damages depends on factors such as the survivor’s age, relationship to the deceased and, in some situations, whether the case involves medical negligence. Our Florida wrongful death lawsuit FAQs page goes into more detail.

Step 5: Sending a Demand and Negotiating

Once the evidence is gathered and the damages are estimated, the attorney may send a demand to the insurance company or companies involved. Many wrongful death claims are resolved through negotiation before a lawsuit is ever filed. Insurers may push back, dispute fault or offer far less than the family believes the claim is worth. In those cases, filing suit may be the next step. Claims involving medical negligence also have their own pre-suit investigation and notice requirements that must be met before a lawsuit can be filed.

Step 6: Filing the Wrongful Death Lawsuit

If the case does not resolve, the personal representative may file a complaint in court. In most Florida wrongful death cases, the deadline to file is generally two years from the date of death. Some situations, such as claims against government agencies or medical negligence cases, may involve different notice rules or timelines. Missing a deadline can bar a claim, which is one reason families are encouraged to speak with an attorney soon after a loss.

Step 7: Discovery

After the lawsuit is filed and the defendants respond, both sides enter discovery. This is the evidence-sharing phase. It may involve written questions, document requests, depositions of witnesses and family members, and testimony from retained professionals. Discovery is often the longest part of a wrongful death lawsuit.

Step 8: Mediation, Settlement or Trial

Florida courts commonly require mediation before trial. A neutral mediator helps both sides discuss a possible resolution. Many cases settle at mediation or shortly after. If they do not, the case may proceed to trial, where a judge or jury decides fault and damages. Florida also uses a modified comparative fault system in many negligence cases. That means the deceased person’s own share of fault, if any, may affect the recovery.

Examples of How These Steps May Apply

The following are hypothetical scenarios meant to illustrate the process. They are not actual case results.

• A fatal car crash: A father of two is killed when a distracted driver runs a red light. His wife is appointed personal representative, and traffic camera footage and phone records are requested. The claim may include lost support for the family and loss of parental guidance for the children.
• A pool drowning: A young child drowns at an apartment complex pool with a broken gate. The investigation may focus on maintenance records, prior complaints and local safety codes. The parents may seek damages for their mental pain and suffering.
• A hospital error: A retired woman dies after a medication mistake. Her adult son may need to complete Florida’s medical negligence pre-suit process before a lawsuit can be filed. The damages available may differ from those in other types of cases.

Every case is different. The facts, the insurance available and the family relationships can all shape how a claim unfolds.

Why Families Turn to the Law Offices of Jason Turchin

Our firm has helped injured people and grieving families throughout Florida. Jason Turchin, Esq. has been recognized by Super Lawyers every year from 2020 through 2026 and was named a Super Lawyers Rising Star in 2011 and from 2013 through 2016. He holds an AV Preeminent Peer Rating and received the Martindale-Hubbell Client Champion Platinum Award in 2026. He also holds an AVVO 10.0 Superb Rating.

Additional recognition includes:

• A+ BBB Rating every year from 2014 through 2026
• America’s Top 100 Personal Injury Attorneys list (2026) and 7 Figure Litigators (2026)
• Member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum
• Lifetime Charter Member of Best Attorneys of America
• #1 Best Selling Author on Amazon.com on accident law
• Featured on CBS Evening News, CNN, USA Today, the Washington Post, the New York Times and the Wall Street Journal

You can learn more about how we handle these cases on our Florida wrongful death lawyers page.

Frequently Asked Questions

How long does a wrongful death lawsuit take in Florida?

It varies. Some claims may settle within months. Others may take a year or more, especially if the case goes through full discovery and trial.

Do I need to open a probate estate to file a wrongful death claim?

In most cases, yes. A personal representative is usually needed to bring the claim, and that person is typically appointed through probate.

Can a wrongful death claim be filed if criminal charges were not brought?

Yes, it may. A wrongful death case is a civil matter with a different burden of proof, so it can move forward whether or not there is a criminal case.

Will the case have to go to trial?

Not necessarily. Many wrongful death claims resolve through negotiation or mediation, but some do proceed to trial.

How is any recovery divided among family members?

Recovery depends on the damages each survivor and the estate may be entitled to under Florida law. Settlements involving minors may need court approval.

Talk With an Experienced Florida Wrongful Death Lawyer

No lawsuit can undo a loss, but holding the responsible party accountable may help your family move forward. If you are considering a wrongful death lawsuit, our experienced attorneys can review your situation and explain your options. Call 800-337-7755 or contact us online to get started.