Florida wrongful-death law: 2-year deadline from date of death.

How Florida wrongful-death law works

When someone is killed in Florida as the result of a negligent or wrongful act, the survivors' right to sue is governed by the state's wrongful-death act. The statute defines who can bring the claim, what damages are recoverable, and how long the survivors have to file.

Florida wrongful-death practice spans fatal car crashes, hospital fatalities, on-the-job deaths involving third-party equipment manufacturers or contractors, and premises-liability events such as drownings, asphyxiations, and falls. Each fact pattern has its own evidentiary requirements and expert disciplines.

Who can sue under Florida\'s wrongful-death statute

Florida wrongful-death statutes name the persons entitled to recover. The typical hierarchy is: surviving spouse first, then children, then parents, then dependent relatives. Disputes over priority of beneficiaries are common and slow case resolution.

Damages recoverable in a Florida wrongful-death case

Florida wrongful-death damages typically cover lost financial support, loss of companionship and consortium, funeral and burial expenses, and (in some statutes) the survivors' grief and mental anguish. Pre-death pain and suffering of the decedent is usually pursued separately through a survival action, not the wrongful-death claim itself.

Survival actions: the decedent\'s own claim

Florida survival statutes preserve the decedent's own personal-injury cause of action so the estate can pursue damages the decedent would have recovered had they lived. This is procedurally important because survival damages flow to the estate, while wrongful-death damages flow directly to the named beneficiaries.

Settlement and probate-court approval

Settling a Florida wrongful-death case is more procedurally complex than settling a personal-injury case. The personal representative must petition the probate court for approval of the settlement, and the allocation among beneficiaries can become contested.

Evidence preservation in Florida wrongful-death cases

Evidence preservation matters even more in Florida than in other jurisdictions because of the state's civil procedure rules around spoliation. The first 30 days after the incident are decisive: medical records, photographs of injuries and the scene, witness contact information, and any video footage (residential doorbell cameras, retail security systems, dashcam) all need to be secured before they are overwritten or discarded. Florida courts can impose evidentiary sanctions on parties who lose control of relevant evidence after notice of a potential claim.

How long does a Florida wrongful-death case take?

Florida cases settle in three predictable phases: (1) pre-treatment, in which medical care is the priority and no demand is yet appropriate; (2) post-MMI demand, in which a comprehensive demand package is sent and the carrier has 30-60 days to respond; (3) litigation, if pre-suit negotiation fails. The vast majority of Florida cases resolve in phase 2; only a small fraction reach trial. Settlement values rise as the case advances through these phases because the defense's cost of trial increases.

Common factual patterns in Florida wrongful-death litigation

Pattern: a Florida pedestrian is struck in a crosswalk by a delivery van whose driver was looking at a phone. The defendant carries the minimum Florida liability policy of $25,000. The plaintiff's UM/UIM coverage on their own policy is $300,000 stacked across three vehicles. The eventual recovery in such cases typically maxes out the defendant's liability and then taps the plaintiff's UIM for the balance, with a coordinated release between the two carriers to avoid coverage disputes.

Mistakes that reduce wrongful-death case value

Three avoidable errors recur in Florida personal-injury cases: settling the property-damage claim without coordinating release language, missing the pre-suit notice deadline for any government-defendant component of the case, and undervaluing future-medical damages because the plaintiff did not get a life-care plan or a vocational expert. Each of these errors can transform a high-value case into a low-value one.

Florida wrongful-death FAQ

How long do I have to file a wrongful-death claim in Florida?

2 years from the date of death, under Fla. Stat. § 95.11 (amended 2023 to reduce PI SOL from 4 to 2 years). The deadline runs from death, not from the underlying injury date.

Who is entitled to recover in a Florida wrongful-death case?

Generally the personal representative of the estate sues on behalf of statutory beneficiaries , typically the surviving spouse, children, and parents. Specific eligibility depends on the Florida statute and the family configuration.

Can I bring both a survival action and a wrongful-death claim?

Yes, in most Florida cases. The survival action recovers the decedent\'s pre-death damages (medical bills, lost wages, pain and suffering before death); the wrongful-death claim recovers the survivors\' losses. Both are typically filed together by the personal representative.

Does Florida\'s comparative-fault rule apply to wrongful-death cases?

Yes. Florida\'s modified 50 percent rule applies to wrongful-death claims. The decedent\'s percentage of fault (e.g., if they were partially at fault in a fatal collision) reduces or bars recovery just as it would in a personal-injury case.

Are punitive damages available in Florida wrongful-death cases?

Some Florida statutes allow punitive damages in wrongful-death cases when the conduct was particularly egregious; others do not. Check the statute and recent appellate decisions. Florida caps punitives generally at: 3x compensatory or $500K.

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