Who Can File a Wrongful Death Lawsuit in Florida

Understanding Your Rights After a Tragic Loss

When someone you love dies because of another person's negligence or wrongful conduct, the grief can feel overwhelming. Amid funeral arrangements, financial concerns, and emotional turmoil, the last thing most families want to think about is navigating a legal claim. Yet understanding who can pursue a wrongful death lawsuit in Florida is critically important for protecting your family's future and holding responsible parties accountable.

Florida's wrongful death laws are more nuanced than many people realize. Unlike some states where individual family members can file their own claims, Florida requires a specific legal framework that designates who can bring a lawsuit and who can receive compensation. This article explains who can sue for wrongful death in Florida, what survivors are entitled to under state law, and why acting quickly matters under the state's strict two-year deadline.

At Douglas R. Beam, P.A., we've helped grieving families throughout Melbourne and Brevard County pursue justice after preventable deaths caused by car accidents, truck crashes, workplace injuries, and other tragic circumstances. If you're wondering whether your family has the right to file a claim, this guide will help you understand the legal landscape.

Who Can File a Wrongful Death Lawsuit in Florida?

One of the most common misconceptions about Florida wrongful death claims is that any grieving family member can file a lawsuit. The reality is more specific under Florida Statute § 768.20.

The Personal Representative Requirement

Under Florida law, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. According to Florida Statute § 768.20, "The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death."

This means a spouse, parent, or child cannot independently file a wrongful death lawsuit in Florida, even if they suffered profound losses. Instead, the lawsuit must come through the estate's appointed representative.

How Is a Personal Representative Chosen?

The personal representative is determined in one of two ways. If the deceased person had a will, the executor named in that document typically serves as the personal representative. If there was no will, the probate court appoints someone according to Florida Statute § 733.301, which establishes a priority order, usually the surviving spouse, then adult children, then other relatives.

Before a wrongful death lawsuit can be filed, the estate must go through probate court to have the personal representative officially appointed. This procedural requirement adds complexity and underscores why consulting with an experienced wrongful death attorney early in the process is so valuable.

Who Benefits from the Lawsuit?

Although only the personal representative files the lawsuit, the damages recovered are distributed to the estate and to qualified "survivors" as defined by Florida law. The personal representative acts on behalf of these beneficiaries, not for their own exclusive benefit. This distinction matters because the lawsuit aims to compensate everyone affected by the wrongful death, not just the person who signs the legal documents.

Who Qualifies as a "Survivor" Under Florida Law?

Florida Statute § 768.18 defines who qualifies as a "survivor" eligible to receive damages from a wrongful death claim. Understanding these definitions is essential because they determine who can seek compensation and what types of damages are available.

Eligible Family Members

According to Florida Statute § 768.18(1), survivors include the decedent's spouse, children, parents, and certain dependent relatives. A surviving spouse must be legally married to the deceased at the time of death. Engaged couples and long-term partners who are not legally married do not qualify.

The decedent's children are also eligible survivors. This category includes biological children, legally adopted children, and children born out of wedlock to the mother. Children born out of wedlock to the father qualify only if the father acknowledged responsibility for the child's support during his lifetime. Biological or adoptive parents of the deceased are eligible survivors under certain circumstances, particularly when the deceased was unmarried or had no children. Additionally, any blood relatives or adoptive brothers and sisters who were "partly or wholly dependent on the decedent for support or services" can qualify as survivors.

Florida's Expanded Definition of "Minor Children"

Here is where Florida law becomes notably different from many other states. Under Florida Statute § 768.18(2), "minor children" means "children under 25 years of age, notwithstanding the age of majority."

While Florida generally considers 18 the age of majority for most legal purposes, the wrongful death statute specifically extends the definition of minor children to those under 25. This expanded definition has significant implications for what damages adult children between 18 and 24 can recover, particularly compensation for lost parental companionship, instruction, and guidance.

Who Cannot Sue for Wrongful Death in Florida?

Several categories of people often assume they have standing to file a wrongful death claim but do not under Florida law. Grandparents cannot sue unless they were dependent on the deceased for support. Aunts, uncles, and cousins are excluded entirely, as are fiancés or long-term partners who are not legally married. Close friends have no legal standing regardless of how deep their relationship was with the deceased. Stepchildren who were not legally adopted or who were not dependent on the deceased are also excluded from bringing a claim.

This can lead to heartbreaking situations where people who were genuinely close to the deceased have no legal right to compensation. If you're unsure about your eligibility, consulting with a knowledgeable attorney can help clarify your options.

What Damages Can Each Survivor Recover?

Florida Statute § 768.21 specifies the types of damages available to different survivors. The amounts and categories vary based on the survivor's relationship to the deceased.

Damages for Surviving Spouses

A surviving spouse can recover several types of damages. These include compensation for the loss of the deceased's companionship and protection, as well as mental pain and suffering from the date of the injury that caused death. Spouses can also recover for lost support and services the deceased would have provided, and they may seek reimbursement for medical and funeral expenses if they paid those costs.

These damages recognize both the emotional toll of losing a life partner and the practical financial support that has been lost.

Damages for Children

Children of the deceased can recover damages for lost support and services. Under Florida Statute § 768.21(3), minor children (those under 25) can also recover for lost parental companionship, instruction, and guidance, as well as mental pain and suffering from the date of injury.

If there is no surviving spouse, all children of the deceased, regardless of age, can recover these additional damages for lost parental companionship and mental pain and suffering.

Damages for Parents

Parents of a deceased minor child (under 25) can recover for their mental pain and suffering. Parents of an adult child can also recover for mental pain and suffering, but only if there are no other survivors (no spouse or children of the deceased).

The Estate's Recovery

The personal representative can also recover damages on behalf of the deceased's estate. These damages include lost earnings from the date of injury to the date of death, medical and funeral expenses that became a charge against the estate, and loss of prospective net accumulations, meaning the savings the deceased would likely have accumulated over their expected lifetime.

Special Rules for Medical Malpractice Wrongful Deaths

Florida has implemented specific restrictions on wrongful death claims arising from medical malpractice. Under Florida Statute § 768.21(8), certain survivors face limitations when the death resulted from medical negligence.

What Adult Children Cannot Recover

When a death is caused by medical malpractice, adult children cannot recover damages for lost parental companionship, instruction, and guidance. They also cannot recover for mental pain and suffering related to their parent's death.

This restriction has been controversial and is sometimes referred to as part of Florida's "Free Kill" law because it means that unmarried adults without minor children who die from medical negligence leave their surviving parents with extremely limited ability to recover non-economic damages.

What Parents Cannot Recover

Parents of an adult child who died due to medical malpractice cannot recover compensation for their mental pain and suffering, even if there are no other survivors.

Legislative Efforts for Change

Florida lawmakers have considered bills that would repeal or modify these restrictions, allowing adult children and parents to recover the same damages in medical malpractice cases as in other wrongful death claims. In 2025 Governor Ron DeSantis vetoed a bipartisan bill that would have repealed the "Free Kill" law, but members of the legislature are still working to overturn the law. Families affected by medical negligence should stay informed about these potential changes.

The Two-Year Statute of Limitations: Why Time Matters

One of the most critical aspects of Florida wrongful death law is the strict time limit for filing claims.

Understanding the Deadline

Under Florida Statute § 95.11(5)(e), wrongful death lawsuits must generally be filed within two years from the date of the deceased person's death. This deadline was already in place for wrongful death cases before the 2023 tort reform changes (HB 837), though the legislation reduced the statute of limitations for general negligence cases from four years to two years.

Missing this two-year window typically means losing the right to pursue any compensation, no matter how strong the evidence of wrongdoing might be. Courts rarely grant exceptions to this deadline.

Exceptions to the Standard Deadline

There are limited exceptions to the two-year rule. In murder or manslaughter cases, a wrongful death suit can be filed at any time, even if the accused hasn't been arrested or convicted (Florida Statute § 95.11(11)). Claims against government entities may have shorter notice requirements, sometimes as brief as six months. Additionally, in rare cases where the cause of death wasn't immediately known, such as some medical malpractice situations, the limitations period may be calculated differently under the discovery rule.

Why Early Legal Consultation Matters

Given the procedural requirements of appointing a personal representative through probate, gathering evidence, and building a strong case, waiting until close to the deadline creates significant risks. Contacting an experienced wrongful death attorney as soon as possible helps preserve evidence, protect witness testimony, and ensure all procedural requirements are met in time.

How Douglas R. Beam, P.A. Helps Families Pursue Justice

Navigating a wrongful death claim while grieving is one of the most difficult challenges any family can face. At Douglas R. Beam, P.A., we've spent more than 37 years helping Brevard County families through these darkest moments.

Our Approach to Wrongful Death Cases

Our boutique firm focuses on providing personal attention that larger firms simply cannot match. We understand that wrongful death cases involve more than legal strategy. They involve real families dealing with profound loss. When you work with us, you speak directly with experienced trial attorneys, not call center staff.

Our founding attorney, Doug Beam, served as the 2025 President of The National Trial Lawyers, bringing national recognition and expertise to every case we handle. Riley Beam, recognized as a Top 40 Under 40 attorney, combines innovative legal strategies with compassionate client service.

Proven Results for Grieving Families

We've recovered over $1 billion for clients throughout our firm's history, including a $3 million wrongful death judgment against a Melbourne assisted living facility whose negligence led to a resident's tragic death. Results like these demonstrate our commitment to holding negligent parties accountable.

No Fee Unless We Win

We handle wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your family. Every consultation is free and confidential. If your family has lost a loved one due to someone else's negligence, contact us today to discuss your options.

Sources

• Florida Statute § 768.20 - Parties (Who Can File a Wrongful Death Lawsuit)
• Florida Statute § 768.18 - Definitions (Survivors and Minor Children)
• Florida Statute § 768.21 - Damages Available in Wrongful Death Claims
• Florida Statute § 95.11 - Statute of Limitations
• Florida House Bill 837 - 2023 Tort Reform
• Nolo Legal Encyclopedia - How Florida Wrongful Death Lawsuits Work
• Greenberg Traurig - Tort Reform Overhauls Florida's Litigation Landscape
• Holland & Knight - Florida Enacts Major Tort Reform
• Spectrum News 13 - Florida Lawmakers Revisit "Free Kill" Law Repeal

This article provides general information and is not a substitute for legal advice. Laws can change, and the details of your situation matter. For personalized guidance, please contact a qualified Florida personal injury attorney.