Wrongful Death
When a human life is tragically cut short unnaturally, due to the careless mistake of another, the family that is left to grieve & suffer has the legal remedy of bringing a claim for Wrongful Death.
Different legal rules may apply to the loss of a spouse, parent or child.
Further still, different rules apply to claims for Wrongful Death related to Medical Negligence than other types of incidents.
Legal damages are often collectible for more than just one survivor.
Claims for Wrongful Death must be promptly evaluated due to a shortened Statute of Limitations (claims filing period).
If you have lost a loved one due to another’s negligence, call for prompt legal advice.
Every person has the right to be free from being injured due to the carelessness of another.
This is true of Florida residents, tourists, visitors from other states and countries, and even undocumented aliens.
Florida Wrongful Death Law — What Surviving Families Should Know
Florida’s Wrongful Death Act (Fla. Stat. §768.16-26) sets out who can file, who can recover, and what categories of damages are available. The procedural rules are unforgiving, and recent legislation shortened key deadlines.
The Two-Year Statute of Limitations
Under Fla. Stat. §95.11(4)(d), a wrongful death claim must be filed within two years of the date of death — reduced from four years by HB 837 in March 2023. Wrongful death claims arising from medical malpractice follow Chapter 766 procedures with their own presuit notice and expert affidavit requirements.
Who Files and Who Recovers
Only the personal representative of the deceased’s estate can file the lawsuit. The personal representative recovers on behalf of the estate and the statutory survivors — spouse, children, parents, and certain blood relatives who were dependent on the decedent.
What Damages Are Available
Florida wrongful death damages include:
- Lost support and services the deceased provided to surviving family members.
- Loss of companionship and protection (for the spouse).
- Mental pain and suffering (for spouse and minor children, and for adult children when there is no surviving spouse in non-medical-negligence cases).
- Medical and funeral expenses paid by the survivors or the estate.
- The estate’s lost earnings and prospective net accumulations.
Modified Comparative Negligence
Under Fla. Stat. §768.81, if the deceased was more than 50% at fault, recovery is barred. At 50% or less, the award is reduced by the percentage of fault.
Common Causes of Wrongful Death Claims
Wrongful death claims arise from any negligent or wrongful act that causes a fatal injury. The most common causes we’ve handled include:
- Motor vehicle accidents — cars, motorcycles, trucks, rideshare, pedestrians, and bicyclists.
- Medical malpractice — misdiagnosis, surgical errors, birth complications, ER negligence.
- Workplace fatalities — falls, equipment failures, vehicle accidents on the job.
- Defective products — vehicles, medications, medical devices, machinery.
- Premises liability — falls, drownings, inadequate security, fires.
- Drunk and impaired driving collisions.
- Maritime and offshore accidents involving the Jones Act, LHWCA, or Death on the High Seas Act.
Each cause has its own legal framework, evidence requirements, and applicable insurance coverage. We coordinate accident reconstruction, medical experts, and economic damages analyses to build the full case.
Meet the Attorneys Who Will Handle Your Case
Templer & Hirsch has represented grieving Florida families for over 35 years and recovered more than $100 million for clients. When you call, you talk to an attorney — not a case manager.
- David L. Templer — Founding partner with decades of trial experience handling wrongful death and serious injury cases.
- Mark Hirsch — Partner concentrating on wrongful death, serious injury, and maritime claims; known for hands-on client communication.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Florida?
Two years from the date of death under Fla. Stat. §95.11(4)(d). The deadline was shortened from four years to two by HB 837 in 2023. Medical malpractice wrongful death claims follow Chapter 766 with separate presuit requirements.
Who can file a wrongful death claim?
Only the personal representative of the deceased’s estate. The personal representative recovers damages for the estate and for surviving family — spouse, children, parents, and certain dependents.
What damages can be recovered?
Lost support and services, loss of companionship, mental pain and suffering (for certain survivors), medical and funeral expenses, and the estate’s lost earnings and net accumulations.
What if my loved one was partially at fault?
Florida follows modified comparative negligence (Fla. Stat. §768.81). If the deceased was more than 50% at fault, recovery is barred. At 50% or less, the award is reduced by the percentage of fault.
What are the most common causes of wrongful death claims?
Car and motorcycle accidents, medical malpractice, workplace fatalities, defective products, premises liability, drunk driving, and maritime accidents.
How much does a wrongful death lawyer cost?
Contingency basis — no fee unless we recover. Court costs and expert witness fees are advanced by the firm. No upfront cost during one of the hardest times in your life.
If you or a loved one has been injured, the most important step you can take is to speak with an experienced attorney as soon as possible. Call Templer & Hirsch today for a free, confidential consultation — we are ready to help.
