What You Need to Know About Wrongful Death Claims
- Feb 18, 2025
- 5 min read
Losing a loved one is devastating. When that loss is caused by someone else’s negligence or
wrongful actions, the grief is often accompanied by anger, confusion, and a need for justice. At The G Law Group, we understand the emotional toll of losing a loved one, and we are
committed to helping families navigate the legal process of a wrongful death claim with
compassion and expertise.
In this blog, we’ll cover what wrongful death is, who can file a claim, what damages can be
recovered, and why having the right legal support can make a difference during one of life’s
most difficult times.
One important note: Florida has specific rules about wrongful death that differ from many other states. Understanding how Florida law applies to your situation is essential before taking any legal action.
What is Wrongful Death?
A wrongful death occurs when someone dies as a result of another person’s negligence,
recklessness, or intentional actions. These cases often arise from:
Car accidents caused by distracted, impaired, or reckless drivers.
Medical malpractice, including surgical errors, misdiagnoses, or failure to provide
appropriate care.
Defective products that lead to fatal injuries due to manufacturing or design flaws.
Workplace accidents resulting from unsafe conditions or employer negligence.
Criminal acts such as assault or other intentional harm.
A wrongful death claim allows the surviving family members to seek compensation and hold the responsible party accountable for their actions.
What Qualifies as Wrongful Death in Florida?
Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death occurs when a person’s death is caused by “the wrongful act, negligence, default, or breach of contract or warranty of another party.”
In other words, if the deceased person would have been entitled to file a personal injury lawsuit had they survived, their estate can now file a wrongful death claim instead. Florida law is specific about who can bring the claim and how damages are distributed - which is why working with an experienced Florida wrongful death attorney is essential.
Who Can File a Wrongful Death Claim?
In most states, the following individuals are typically eligible to file a wrongful death claim:
Spouses of the deceased.
Children of the deceased, including adopted children.
Parents of a deceased minor child.
Other family members, depending on the state’s laws, such as siblings or
grandparents.
If you’re unsure of your eligibility to file a claim, consulting with an experienced wrongful death attorney can help clarify your rights and options.
Who Can File a Wrongful Death Lawsuit in Florida?
However, Florida law works differently, and it is important to understand the distinction. Under Florida Statute § 768.20, only the personal representative of the deceased person’s estate can file the wrongful death lawsuit - not individual family members.
The personal representative (named in the will, or appointed by the probate court if there is no will) files a single lawsuit on behalf of both the estate and all eligible survivors.
Florida’s “Free Kill” Law: Medical Malpractice Exception
Florida has a unique and often-criticised restriction in medical malpractice wrongful death cases, commonly referred to as the “Free Kill” law.
Under Florida Statute § 768.21, adult children over the age of 25 are barred from recovering non-economic damages (such as pain and suffering) in wrongful death cases involving medical malpractice. Similarly, parents of adult children are generally barred from recovery in medical malpractice wrongful death cases.
This restriction does not apply to wrongful death claims arising from car accidents, premises liability, defective products, or other non-medical causes. If your loved one died as a result of medical negligence, it is especially important to consult an attorney who understands these restrictions.
Florida Wrongful Death Statute of Limitations
Time is critical in a wrongful death case. Under Florida Statute § 95.11(4)(d), most wrongful death lawsuits must be filed within two years of the date of death. Missing this deadline will almost certainly bar your claim permanently.
Some limited exceptions may apply, for example, where the cause of death was not immediately discoverable, but these are narrow. The probate court must also formally issue letters of administration before the wrongful death suit can be filed, which takes additional time.
Contact a wrongful death attorney as soon as possible to protect your family’s rights and meet all applicable deadlines.
Wrongful Death Claim vs. Survival Action: What’s the Difference?
Many people are surprised to learn that a wrongful death claim and a survival action are two different legal claims, often filed together in the same lawsuit.
A wrongful death claim compensates surviving family members for their own losses - grief, loss of companionship, loss of financial support.
A survival action is brought on behalf of the deceased’s estate to recover damages the deceased personally experienced before death, such as medical expenses, pain and suffering, and lost income between injury and death. Both claims are filed by the personal representative of the estate in Florida.
What Damages Can Be Recovered?
A wrongful death claim is designed to provide financial relief to the surviving family members for the losses they’ve suffered. These damages typically fall into two categories:
1. Economic Damages
These are the quantifiable financial losses resulting from the death, including:
Medical expenses incurred before death.
Funeral and burial costs.
Loss of income and financial support the deceased would have provided.
Loss of benefits such as health insurance or retirement contributions.
2. Non-Economic Damages
These are more subjective but equally important, including:
Pain and suffering experienced by surviving family members.
Loss of companionship, guidance, and emotional support.
Loss of consortium (spousal relationship).
In certain cases, punitive damages may also be awarded to punish the responsible party for
particularly reckless or malicious behavior.
What Is a Wrongful Death Settlement Worth?
Wrongful death settlement amounts in Florida vary widely depending on the specific facts of the case.
Factors that affect the value of a wrongful death claim include: the age and life expectancy of the deceased at the time of death; the deceased’s income, earning capacity, and financial contributions to the family; the number and ages of eligible survivors (minor children typically result in higher awards); the nature and degree of the defendant’s negligence or misconduct; and whether punitive damages are available.
Cases involving the death of a young parent with minor children, or cases where a defendant acted with extreme recklessness, tend to result in the highest settlements and verdicts.
The Importance of Legal Representation
Wrongful death cases are often complex and emotionally charged. Families are not only
grieving but also facing insurance companies and legal teams focused on minimizing payouts. This is why having a knowledgeable and compassionate attorney by your side is essential.
At The G Law Group, we handle every aspect of your wrongful death claim, including:
Conducting a thorough investigation to gather evidence and build a strong case.
Identifying all liable parties, which can be crucial in cases involving multiple
defendants.
Negotiating with insurance companies to secure a fair settlement.
Obtaining a jury verdict if necessary to ensure you receive the justice and
compensation you deserve.
Our goal is to alleviate the legal burden so you can focus on grieving and honoring your
loved one.
Why Pursue a Wrongful Death Claim?
While no amount of money can replace a loved one, a wrongful death claim can:
Provide financial stability for the surviving family.
Hold negligent parties accountable for their actions.
Bring a sense of closure and justice for the deceased.
Prevent similar tragedies by encouraging safer practices and behaviors.
Contact The G Law Group Today
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face this
journey alone. At The G Law Group, we are here to listen, guide, and fight for the justice your family deserves.
Contact us today for a free consultation. We’re ready to help you take the first step toward
healing and justice.
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