Wrongful Death FAQ

A civil action that is brought when someone dies because of another party’s negligence, recklessness, or intentional misconduct. In Florida, wrongful death claims come out of car accidents, medical malpractice, workplace incidents, defective products, criminal acts, and other situations where someone else’s conduct caused the death. The lawsuit seeks compensation for the survivors left behind.

Only the personal representative of the deceased person’s estate can file, on behalf of the estate and the surviving family. Florida’s Wrongful Death Act (Florida Statute § 768.20) defines the beneficiaries who can receive compensation: the surviving spouse, children (including adult children), parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased.

Two years from the date of death, not the date of the accident or incident that caused it. If the death resulted from medical malpractice, the additional pre-suit requirements still apply on top of the filing deadline. Missing the two-year window almost always ends the case.

Florida law spells out who gets what. The surviving spouse can recover for loss of companionship, protection, and mental pain and suffering. Minor children can recover for lost parental guidance and companionship. The estate can recover funeral costs, medical expenses incurred before death, and the income the deceased would have earned. A court oversees the final distribution.

Compensation tied to physical injuries or physical sickness is generally exempt from federal income tax. Punitive damages, pre-judgment interest, and amounts unrelated to physical harm may be taxable. Florida has no state income tax. Wrongful death settlements can be complex from a tax perspective, so working with a tax professional on the specifics is a good idea.

One to three years in most cases. The timeline depends on the number of defendants, how strong and available the evidence is, whether experts are needed, and how willing the parties are to negotiate. Medical malpractice wrongful death cases tend to take longer because of the mandatory pre-suit investigation.

Many factors go into the number: the deceased’s age, earning capacity, and life expectancy; how financially and emotionally dependent the surviving family was; the circumstances surrounding the death; and the insurance coverage available. Awards can range from hundreds of thousands to millions of dollars.

The beneficiaries are defined under Florida’s Wrongful Death Act. Surviving spouses, minor children, and, in some cases, adult children and parents each receive different categories of damages based on their relationship to the deceased. The personal representative manages the lawsuit and the distribution, and the court signs off to make sure each beneficiary gets their proper share.

Yes. The civil wrongful death case and the criminal prosecution are separate proceedings. The civil case uses a lower burden of proof, preponderance of the evidence versus beyond a reasonable doubt, so a family can win a civil claim even when the defendant isn’t convicted. The two cases can run at the same time, though occasionally the civil case is paused while the criminal case plays out.

Motor vehicle accidents, medical malpractice, workplace accidents, defective products, nursing home abuse and neglect, drownings, criminal acts like assault, and premises liability incidents such as falls. Any situation where another party’s negligence or intentional conduct causes a death can give rise to a claim.