{"id":372642,"date":"2016-12-14T12:38:41","date_gmt":"2016-12-14T17:38:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-wrongful-death-laws.html"},"modified":"2018-12-06T15:44:05","modified_gmt":"2018-12-06T20:44:05","slug":"florida-wrongful-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-wrongful-death-laws.html","title":{"rendered":"Florida Wrongful Death Laws"},"content":{"rendered":"\n
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Florida Wrongful Death Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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When someone takes the life of another, whether it was intentional or the result of negligence, the offender will likely face felony criminal charges<\/a> and a lengthy prison sentence. But regardless of the underlying criminal charge (or lack thereof), anyone deemed responsible for causing the death of another may also be sued in civil court for wrongful death<\/a>. The Florida Wrongful Death Act allows family members of the deceased to file a wrongful death suit against the person or entity they believe is responsible for their loved one’s death. This article provides the basics of Florida’s wrongful death laws<\/a>, including who may bring such a claim and the types of compensation that may be awarded.<\/p>\r\n

Overview of Wrongful Death Claims<\/h2>\r\n

Wrongful death is a tort claim that arises when an individual is liable for another’s death. While it often is related to a murder or manslaughter criminal charge, it is an independent legal action that seeks monetary compensation for the survivors, such as children and spouses, and for the estate itself. Wrongful death claims typically are made for pain and suffering, loss of companionship, and the value of lost support.<\/p>\r\n

Under Florida law, such a claim may be filed when the individual’s death was caused by "the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters." Also, the state generally allows claims for damages incurred from when the injury occurred to the point of death, plus interest, in addition to projected future earnings.<\/p>\r\n

Florida Wrongful Death Laws at a Glance<\/h2>\r\n\r\n
Statute<\/b><\/td>\r\n

Florida Wrongful Death Act: \u00a7 768.16 – 768.26<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Statute of Limitations<\/b><\/td>\r\n

4 years (\u00a7 95.11<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Who May File a Wrongful Death Claim<\/b><\/td>\r\n

Personal representative of the deceased individual’s estate, on behalf of:<\/p>\r\n

Damages Available to Survivors in a Wrongful Death Claim<\/b><\/td>\r\n
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  • Lost support and services to survivors (relationship to the deceased, probable future income of the deceased, and replacement value of lost support and services are considered)<\/li>\r\n
  • Surviving spouse’s lost companionship and protection, plus pain and suffering<\/li>\r\n
  • Minor children’s lost parental companionship, instruction, and guidance; plus pain and suffering (all children, not just minors, if there is no surviving spouse)<\/li>\r\n
  • Parents of deceased child may claim damages for pain and suffering<\/li>\r\n
  • Medical and\/or funeral expenses<\/li>\r\n<\/ul>\r\n

    (\u00a7 768.21<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Damages Available to the Estate in a Wrongful Death Claim<\/b><\/td>\r\n