Legally reviewed by Dean Levy, Florida personal injury attorney (Florida Bar No. 1012164). Last updated September 16, 2026.
A wrongful death lawsuit in Florida can be filed only by the personal representative of the deceased person’s estate, under Florida Statutes § 768.20. That representative sues once, on behalf of the estate and every survivor the law recognizes, including a spouse, children, and parents. The claim must generally be filed within two years of the death.
Key takeaways
- Only the estate’s personal representative can file the lawsuit in Florida.
- Spouses, children, and parents are recognized survivors under Florida law.
- Children under 25 count as minor children for wrongful death damages.
- Survivors can recover lost support, companionship, and mental pain and suffering.
- Fatal crash claims must generally be filed within two years of death.
Who can file a wrongful death lawsuit in Florida?
The personal representative of the estate, and nobody else. Florida Statutes § 768.20 requires the action to be brought by the decedent’s personal representative, who recovers on behalf of both the survivors and the estate in a single lawsuit. A grieving spouse or child cannot file a separate case in their own name.
A personal representative is the person who administers the estate, either named in the will or appointed by the probate court when there is no will, most often the surviving spouse or another close relative. Because no lawsuit can be filed until that appointment exists, opening the estate is one of the first legal steps after a fatal crash.
The Florida Wrongful Death Act, Florida Statutes §§ 768.16 through 768.26, is the law that creates the claim. Under § 768.19, a wrongful death action exists whenever a death was caused by another party’s wrongful act, negligence, or default and the deceased could have sued for the injury had they survived.
Which family members count as survivors under Florida law?
Spouses, children, parents, and certain dependent relatives. Florida Statutes § 768.18 defines survivors as the decedent’s spouse, children, and parents, plus any blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services.
Two details matter. Florida counts children under 25 as minor children for these purposes, well past the ordinary age of majority. And a child born outside marriage is always a survivor of the mother, but a survivor of the father only if the father recognized a responsibility for the child’s support.
Every potential beneficiary must be identified in the complaint, with their relationship to the deceased spelled out. Leaving a survivor out is a mistake that can be costly to fix later.
What can survivors recover in a Florida wrongful death case?
Different things, depending on the relationship. Florida Statutes § 768.21 assigns specific categories of damages to specific survivors, and a separate set of damages to the estate itself. The table below summarizes the structure for a fatal crash.
| Who recovers | What Florida law allows |
|---|---|
| Every survivor | Value of lost support and services from the date of injury, with future losses reduced to present value |
| Surviving spouse | Loss of the decedent’s companionship and protection, plus mental pain and suffering from the date of injury |
| Minor children (under 25), and all children if there is no surviving spouse | Lost parental companionship, instruction, and guidance, plus mental pain and suffering |
| Parents of a deceased minor child | Mental pain and suffering; parents of an adult child recover this only if there are no other survivors |
| Any survivor who paid them | Medical and funeral expenses |
| The estate | Lost earnings from injury to death, loss of prospective net accumulations in qualifying cases, and medical or funeral expenses charged to the estate |
Comparative fault still applies. If the deceased shared fault for the crash, the recovery is reduced by that percentage, and a share above 50 percent bars it entirely under Florida’s modified comparative negligence rule.
No attorney can predict what a case is worth before the evidence is in, and Florida’s rules on advertising forbid promising results. What the statute does guarantee is that the categories above exist and belong to the people the law names.
How long do families have, and what should happen in the first weeks?
Two years from the date of death, in most cases. Florida Statutes § 95.11(5)(e) sets the wrongful death deadline, and it runs from the death rather than the crash, which matters when a victim survives for days or weeks. Missing it ends the claim regardless of fault.
The first weeks carry their own deadlines. Personal injury protection includes a $5,000 death benefit under Florida Statutes § 627.736, payable on top of any medical benefits. Crash reports, witness memories, and camera footage fade quickly, and the personal representative must be appointed before anything can be filed.
The numbers behind these cases are large. More than 2,800 people died on Florida roads in 2025, including more than 200 in Broward County, according to FLHSMV Crash Dashboard data, and the agency reports that roughly one in three fatal Florida crashes involves an impaired driver. When alcohol is involved, our guide for people hit by a drunk driver in Fort Lauderdale explains the added claims that may exist.
A Fort Lauderdale wrongful death lawyer can open the estate, identify every survivor and every policy, and send preservation demands while the evidence still exists. Dean Levy Injury Law handles that review in a free consultation, at no cost to the family unless the case recovers money.
Frequently asked questions
Can siblings file a wrongful death claim in Florida?
Not on their own, and only as survivors in limited cases. Every Florida wrongful death lawsuit is filed by the personal representative, so a sibling’s route is to be named as a survivor in that single action. Under § 768.18, a blood relative or adoptive sibling qualifies only when partly or wholly dependent on the deceased for support or services, which the complaint must allege and the evidence must show.
Can adult children recover damages for a parent’s death in Florida?
Yes, with limits that depend on the family. All children recover the value of lost support and services. Children under 25 also recover for lost parental companionship and mental pain and suffering, and adult children of any age recover those damages when there is no surviving spouse. Each child must be named in the complaint, so an attorney should have the full family picture from the first meeting.
What if the person who died was partly at fault for the crash?
The recovery is reduced by the deceased’s percentage of fault, and it is barred entirely if that share exceeds 50 percent under Florida’s modified comparative negligence rule. Insurers raise this defense in nearly every fatal crash case, which is why the crash reconstruction, the police report, and witness accounts get scrutinized early. A percentage argued down from 40 to 20 changes the family’s recovery substantially.
Does the personal representative keep the wrongful death money?
No. The personal representative is a fiduciary who recovers on behalf of the survivors and the estate, and the money is distributed according to the categories in § 768.21, often with court approval of the allocation. Estate damages pass through probate and can be reached by the decedent’s creditors; the survivors’ own damages belong to them directly.
How long does a Florida wrongful death case take?
It depends on liability, insurance, and whether a lawsuit is needed. Cases with clear fault and defined policy limits can resolve in months; contested cases, cases with several defendants, and cases against commercial or government entities can take a year or more. Opening the estate promptly and preserving evidence early are the two steps that most reliably shorten the timeline.
Do we have to open probate to file a wrongful death lawsuit?
Yes. Because only the personal representative can file, the estate must be opened and a representative appointed by the probate court before the lawsuit exists. This is true even when the deceased owned little property. The probate step is procedural rather than a fight over assets, and an attorney handling the wrongful death claim typically coordinates it.
Talk to a Fort Lauderdale wrongful death attorney about your family’s options
Dean Levy Injury Law represents families across Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, and Lighthouse Point, after fatal crashes. Dean Levy has practiced Florida personal injury law since his admission to the Florida Bar in 2018, and every case starts with a free consultation on a contingency fee basis. Call (888) 613-3326 or visit the office at 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33316.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship with Dean Levy Injury Law. Wrongful death rules depend heavily on the facts and the family circumstances involved. Consult a licensed Florida attorney about your situation before making any decision based on this information.
