Florida Injury Attorney Blawg
Any lawsuit arising in Florida from the death of an individual caused by the wrongful act, negligence, or default of another person or entity is governed by the Florida Wrongful Death Act (Sections 768.16–768.26, Florida Statutes). This blog highlights some key legal considerations involved in pursuing a wrongful death claim.
Statute of Limitations
Under Section 95.11(4)(d), a wrongful death action must generally be filed within two years of the date of death. However, if the death resulted from medical malpractice, Section 95.11(4)(b) may allow for an extension of that deadline.
(For more details, see our related post: “The Statute of Limitations (SOL) Under Florida’s Wrongful Death Act.”)
Proper Court and Venue
Wrongful death claims in Florida are usually brought in state circuit courts. Venue is governed by Section 47.011, which generally requires that lawsuits be filed in the county where the defendant resides or where the cause of action arose. If the defendant is a nonresident and has no presence in Florida, the case may need to be filed in federal court.
Who Can File the Lawsuit (Plaintiff)
A wrongful death lawsuit must be filed by a court-appointed personal representative (PR) on behalf of the decedent’s legally defined “survivors.” Often, the PR is a close family member, such as an adult child or parent. In cases involving minor children or legally incapacitated individuals, the court may also appoint a guardian ad litem.
(For a detailed outline of who qualifies as a “survivor,” see our companion blog post.)
Who Can Be Sued (Defendant)
Defendants in wrongful death actions include any individuals or entities alleged to have caused the death through their negligence or misconduct.
Available Damages
The Florida Wrongful Death Act allows survivors to seek monetary compensation for a variety of losses, including:
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Mental pain and suffering
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Loss of companionship and protection
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Past and future loss of financial support and services
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Medical and funeral expenses
These damages are meant to compensate survivors and hold at-fault parties accountable under civil law.
(See our blog on available damages for a more comprehensive breakdown.)
Pretrial and Settlement
Wrongful death claims can be settled at any stage, including before a lawsuit is filed. Many cases are resolved during litigation, but before trial. Others are dismissed by the court, while some proceed all the way to verdict.
Trial Process
Most wrongful death trials are decided by a jury, though the parties may agree to have a judge serve as the fact-finder. While judges rule on legal matters, juries are responsible for determining the facts and awarding damages, if appropriate.
Appeals and Post-Trial Options
Both jury verdicts and judicial rulings can be challenged through the appeals process. The possibility of appeal often plays a role in encouraging post-trial settlement negotiations.
Final Thoughts
Wrongful death cases are among the most emotionally charged and legally complex matters in civil litigation. Due to the high stakes involved—both financially and personally—it is crucial that such claims be handled by experienced and highly competent legal counsel.