Wrongful Death

Florida Wrongful Death Law – Overview

When a person dies due to the wrongful act, negligence, default, or breach of contract or warranty of another—including incidents occurring on navigable waters—the victim’s survivors may be entitled to compensation under Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26).

Damages available under the Act include compensation for mental pain and suffering, loss of companionship and protection, past and future loss of support and services, and reimbursement for medical and funeral expenses. These damages serve two critical purposes:

1. To provide financial support to those affected by the loss; and
2. To deter future negligent conduct.

When the Law Applies

Florida’s Wrongful Death Act applies to deaths arising from a wide range of causes, including:

• Medical malpractice
• Nursing home negligence or abuse
• Motor vehicle (car and truck) accidents
• Defective products
• Premises liability incidents (e.g., slip and falls, negligent security)
• Work-related accidents (depending on circumstances)

Important Definitions & Considerations

• Survivors: The decedent’s spouse, children, and parents. Also included are blood relatives and adoptive siblings who were partially or wholly dependent on the decedent for support or services. A child born out of wedlock is included if the mother is deceased, or if the father has acknowledged and supported the child.
• Minor Children: Defined as children under the age of 25, regardless of the legal age of majority.
• Net Accumulations: The portion of the decedent’s expected net business or salary income (including pension benefits) that would likely have been saved and left as part of the estate had the decedent lived a normal life expectancy. This is calculated after taxes, personal expenses, and support obligations are deducted, and excludes income from investments continuing beyond death.
• Personal Representative: The wrongful death claim must be filed by the decedent’s personal representative (PR), who brings the action for the benefit of both the estate and the survivors.

Recoverable Damages

Under Florida’s Wrongful Death Act, the following damages may be available:

1. Support & Services:
   Each survivor may recover the value of lost support and services from the date of injury to the date of death (with interest), as well as future loss of support and services (discounted to present value).
2. Spousal Loss:
   The surviving spouse may recover damages for loss of companionship and protection, as well as mental pain and suffering from the date of injury.
3. Children’s Loss:
   Minor children of the decedent—and all children if there is no surviving spouse—may recover for lost parental companionship, instruction, and guidance, and for mental pain and suffering.
4. Parental Loss:
   Each parent of a deceased minor child may recover damages for mental pain and suffering. Parents of an adult child may do so only if there are no other survivors.
5. Lost Earnings and Accumulations:
   Recovery includes the decedent’s lost earnings between the injury and death (less the value of lost support), with interest, and the projected net accumulations the estate might have received.

Common Disputes in Wrongful Death Cases

Legal disagreements often arise in wrongful death actions. These disputes can involve:

• Liability: Whether the defendant’s actions were the legal cause of death
• Survivor Status: Who qualifies as a “survivor” under the statute
• Damage Valuation: How much compensation is owed, and for what losses

Typical categories of damages in dispute include:

• Medical and funeral expenses
• Lost financial benefits (e.g., insurance)
• Loss of inheritance due to premature death
• Pain, suffering, and mental anguish of survivors
• Loss of companionship, care, or protection
• Punitive damages, intended to punish egregious wrongdoing and deter similar behavior in the future

Some of our blogs on the subject:

• Doctors Skirt Fault Under Florida’s Wrongful Death Act
• Whose Money Is It? — Medicare Liens in Florida Wrongful Death Cases
• Florida Wrongful Death Act Survivors and Damages Chart
• Key Elements in Florida Wrongful Death Legal Actions
• Role of Personal Representatives (PR) in Florida Wrongful Death Cases

Contact us at 305-758-4900 or email now to for a free confidential consultation to learn your rights under Florida’s Wrongful Death Act. Our firm accepts these cases on a contingency basis, which means that our clients pay no no fees or costs until we win the case.

Our offices are conveniently located in Miami Shores Village, minutes from I-95 and Biscayne Boulevard. Parking is free. We are available after hours and on weekends, and will travel to your home, the hospital, or nursing home.