Wrongful Death Lawsuit in Florida

Florida Wrongful Death Statute: Florida Statutes §§ 768.16-768.26 (the Florida Wrongful Death Act) govern all wrongful death claims. The action must be brought by the personal representative of the decedent's estate, but recovery is distributed to the surviving statutory beneficiaries: spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the decedent at the time of death.

Statute of Limitations: Florida imposes a two-year statute of limitations from the date of death under Fla. Stat. § 95.11(4)(d), effective for cases accruing after March 2023 following HB 837 tort reform (prior period was four years). Survival claims for the decedent's own pre-death pain and suffering are separately recoverable by the estate under the Florida Wrongful Death Act within the same two-year period.

Recoverable Damages: Florida wrongful death damages are beneficiary-specific. The surviving spouse and minor children may recover loss of support and services, loss of companionship and protection, and mental pain and suffering. Adult children may recover mental pain and suffering only if the decedent left no surviving spouse. Parents of a deceased minor child may recover mental pain and suffering. Florida does not generally allow punitive damages in wrongful death actions unless an independent punitive damages claim is established under Fla. Stat. § 768.72.

Venue and Procedural Notes: Florida's 2023 tort reform (HB 837) shifted Florida from pure to modified comparative fault with a 51% bar in most cases and an 80% bar in negligent security cases—these changes apply to cases filed after March 24, 2023. For mass tort product liability cases, Florida wrongful death damages are determined exclusively under the Florida Wrongful Death Act in state court, regardless of any parallel federal MDL.