Florida Wrongful Death: What Families Need to Know
Facing the loss of a loved one is always devastating—especially when negligence may be involved. Understanding Florida wrongful death laws can help families know their rights and options. In Florida, only the personal representative of the decedent’s estate may file a wrongful death claim. However, recovery is available for both the estate and certain survivors under Florida wrongful death statutes.
Who Can File Wrongful Death and What Damages Are Available
Under Florida Statute § 768.19, only a personal representative—usually appointed by a will or the probate court—can initiate a wrongful death suit. Statute § 768.21 outlines eligible survivors. This includes spouses, children under 25 (or over 25 if there is no surviving spouse), parents (if no spouse or children), and certain dependent siblings or family members.
Damages fall into two categories:
- Economic damages, such as lost earnings or support, funeral and medical expenses, and the net accumulation the decedent would have added to the estate.
- Non-economic damages, including loss of companionship, protection, guidance, and mental pain and suffering for eligible survivors.
Florida lawmakers are currently considering bills that would expand eligibility for wrongful death claims in medical malpractice cases. If passed, these changes would allow adult children and parents of deceased patients to seek compensation for non-economic damages.
Key Deadlines and Why Acting Fast Matters
Florida law imposes a strict two-year statute of limitations on wrongful death claims, starting from the date of death. Missing this deadline typically bars the claim, though rare exceptions exist in cases involving fraud or wrongful concealment. Acting swiftly also helps preserve critical evidence and witness testimony.
A Recent Florida Tragedy
In December 2024, a jury awarded $310 million to the family of 14-year-old Tyre Sampson, who tragically fell from a ride at Orlando’s Icon Park. The verdict found the ride manufacturer negligent for failing to implement proper safety restraints on a ride with known weight limits. This is a liability case, not a wrongful death claim. However, it highlights the significant damages that may be available when a death is caused by preventable negligence. It underscores why families must understand their rights under Florida wrongful death laws and the importance of legal representation.
Contact Schwed, Adams & McGinley
When a loved one’s death results from someone else’s negligence, navigating Florida’s wrongful death process can feel overwhelming. With over 200 years of combined experience across personal injury and wrongful death cases, Schwed, Adams & McGinley, P.A. stands ready to guide you. Our firm helps families secure compensation for medical and funeral expenses, lost support, emotional trauma, and more.
If you believe the loss of your loved one was due to negligence—whether in a car accident, medical malpractice, or another tragic incident—don’t wait. Contact Schwed, Adams & McGinley, P.A., at 877-694-6079 or email us at contact@schwedlawfirm.com to schedule a free consultation today.
Take the next step. Florida wrongful death law can be complex—but you don’t have to face it alone. Schwed Law is here to help protect your rights and fight for justice.