Who is allowed to file a wrongful death lawsuit in Florida?

Only the personal representative of the decedent's estate. Family members cannot file individually, even a surviving spouse. The representative brings the action on behalf of the estate and of the survivors the Florida Wrongful Death Act recognizes, which is why opening the estate is an early and necessary step.

How long do we have to bring a wrongful death claim?

Generally two years from the date of death under Florida Statutes section 95.11. That is shorter than the period for many other claims. Deaths occurring on navigable water may fall under federal maritime statutes with their own, sometimes different, limitation periods, so a maritime death should be reviewed promptly rather than assumed to follow the Florida clock.

The insurance company offered a settlement already. Should we take it?

Not before the full scope of the loss is known and not before you know who the statutory survivors are and what each is entitled to. Early offers in death cases are made when the insurer knows more about its exposure than the family does. A signed release ends every survivor's claim, permanently.

Our family member died in a workplace accident. Is that still a wrongful death case?

It may be both. Workers' compensation death benefits are generally the exclusive remedy against an employer, but if a third party contributed, such as an equipment manufacturer, a contractor or another company's driver, a wrongful death action against that party can proceed alongside the comp claim. Maritime and dock deaths follow federal frameworks instead.

Fort Lauderdale Wrongful Death Lawyer

Only the Estate Can File, and Who Counts as a Survivor Is Defined by Statute

Under the Florida Wrongful Death Act, Florida Statutes sections 768.16 through 768.26, a wrongful death action is brought by the personal representative of the decedent's estate, not by family members individually. The representative files on behalf of the estate and of the survivors the statute recognizes: the spouse, minor children, adult children in some circumstances, parents, and blood relatives dependent on the decedent for support. Different survivors are entitled to different categories of damages, and the statute restricts some recoveries in ways families rarely expect. Opening the estate and having a personal representative appointed is therefore a prerequisite, and it takes time, which is one reason these cases should not wait.

What Florida Allows Survivors to Recover

A surviving spouse may recover for loss of companionship and protection and for mental pain and suffering from the date of injury. Minor children may recover for lost parental companionship, instruction and guidance and for their own mental pain and suffering. Parents of a deceased minor child may recover for mental pain and suffering. Each survivor may also recover the value of lost support and services. Separately, the estate may recover lost earnings from the date of injury to death, the loss of net accumulations the decedent would have left, and medical and funeral expenses paid by the estate. Sorting which claim belongs to which survivor is a substantial part of the work in these cases.

Fort Lauderdale Cases That Become Wrongful Death Claims

In Broward County these claims most often arise from crashes on I-95, I-595 and US-1, pedestrian strikes on the arterial corridors, commercial truck collisions moving to and from Port Everglades, drownings and boating incidents on the Intracoastal and the New River, and maritime deaths that may fall under federal law rather than Florida law entirely. That last category matters: a death on navigable water can be governed by the Death on the High Seas Act, the Jones Act or general maritime law, each with its own damages rules and deadlines, which are frequently less generous than Florida's. Determining which body of law applies is the first analytical step in any Fort Lauderdale maritime death.

Where the Case Is Filed and How Long It Takes

A Fort Lauderdale wrongful death suit is filed in the Seventeenth Judicial Circuit at the Broward County Courthouse, 201 SE 6th Street, with the estate proceeding handled in the probate division. These cases take longer than ordinary injury claims because two tracks run in parallel: the probate administration and the liability case. Expect the liability investigation to begin immediately while the estate is being opened. Where a criminal prosecution is also underway, it can affect the civil timeline, though the civil case does not have to wait for the criminal case to conclude.

Fort Lauderdale Wrongful Death: What to Do

Preserve everything: the vehicle, the scene photographs, the decedent's phone and any wearable device data
Do not sign anything from an insurer, including a release framed as a "courtesy" payment
Begin the process of opening an estate and appointing a personal representative
Request that the medical examiner's report and any police investigative file be preserved
Contact a lawyer before the two-year deadline, and well before, because evidence moves faster than the clock

Fort Lauderdale Wrongful Death: Common Questions

Who is allowed to file a wrongful death lawsuit in Florida?: Only the personal representative of the decedent's estate. Family members cannot file individually, even a surviving spouse. The representative brings the action on behalf of the estate and of the survivors the Florida Wrongful Death Act recognizes, which is why opening the estate is an early and necessary step.
How long do we have to bring a wrongful death claim?: Generally two years from the date of death under Florida Statutes section 95.11. That is shorter than the period for many other claims. Deaths occurring on navigable water may fall under federal maritime statutes with their own, sometimes different, limitation periods, so a maritime death should be reviewed promptly rather than assumed to follow the Florida clock.
The insurance company offered a settlement already. Should we take it?: Not before the full scope of the loss is known and not before you know who the statutory survivors are and what each is entitled to. Early offers in death cases are made when the insurer knows more about its exposure than the family does. A signed release ends every survivor's claim, permanently.
Our family member died in a workplace accident. Is that still a wrongful death case?: It may be both. Workers' compensation death benefits are generally the exclusive remedy against an employer, but if a third party contributed, such as an equipment manufacturer, a contractor or another company's driver, a wrongful death action against that party can proceed alongside the comp claim. Maritime and dock deaths follow federal frameworks instead.