Losing a loved one due to another's negligence is devastating. Florida law provides specific rights and remedies for surviving families.
Statute of Limitations
Florida statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.
Under Fla. Stat. § 768.19-768.26, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children, parents, and other dependents. Florida allows recovery for loss of support and services, mental pain and suffering of survivors, lost companionship and protection, and medical and funeral expenses. Florida's 2023 tort reform law modified wrongful death damages in medical malpractice cases specifically.
Florida-Specific Tip
Florida has a 2-year statute of limitations for wrongful death claims (reduced from 4 years by the 2023 tort reform law). The Florida Wrongful Death Act has specific rules about which survivors can claim which damages — for example, adult children can only recover if there is no surviving spouse. Florida also allows a survival action for the deceased's own pre-death pain and suffering. Both should be filed simultaneously.
📊 Florida allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a Florida wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 2-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
2 years from the date of death. Florida has a 2-year statute of limitations for wrongful death claims (reduced from 4 years by the 2023 tort reform law). The Florida Wrongful Death Act has specific rules about which survivors can claim which damages — for example, adult children can only recover if there is no surviving spouse. Florida also allows a survival action for the deceased's own pre-death pain and suffering. Both should be filed simultaneously.
Under Fla. Stat. § 768.19-768.26, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children, parents, and other dependents. Florida allows recovery for loss of support and services, mental pain and suffering of survivors, lost companionship and protection, and medical and funeral expenses. Florida's 2023 tort reform law modified wrongful death damages in medical malpractice cases specifically.
Under Fla. Stat. § 768.19-768.26, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children, parents, and other dependents. Florida allows recovery for loss of support and services, mental pain and suffering of survivors, lost companionship and protection, and medical and funeral expenses. Florida's 2023 tort reform law modified wrongful death damages in medical malpractice cases specifically. Contact a Florida wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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