Who can recover.Florida's Wrongful Death Act defines survivors as the spouse, children and parents of the person who died, plus any blood relative or adoptive sibling who was partly or wholly dependent on them for support or services. The personal representative files one lawsuit that includes the estate's losses and each survivor's losses.
No separate injury claim.When an injury causes death, Florida folds the claim into the wrongful death action instead of letting a separate personal injury claim survive. That's why the estate's losses, like medical bills and wages lost before death, are part of the same case.
Shared fault.Since March 2023, Florida uses modified comparative negligence: your family's recovery is reduced by your loved one's share of the fault, and barred if they're found more than 50% at fault. Medical malpractice cases are the exception and still use pure comparative negligence. Insurers know these rules and work hard to shift blame. Evidence is how we push back.
Medical malpractice deaths. These cases add presuit requirements, a different filing clock and a limit on which family members can recover for grief. If a medical error took your loved one, see our medical malpractice wrongful death page.
Civil and criminal cases are separate.Your family's wrongful death claim doesn't depend on criminal charges. A civil case needs proof by the greater weight of the evidence, not beyond a reasonable doubt, so families can recover even if no one is charged or convicted.