What the Florida Wrongful Death Act Covers
A wrongful death claim in Florida arises when a person death is caused by another party negligence, recklessness, or intentional wrongdoing, whether from a car accident, medical malpractice, a defective product, or another cause. Unlike a personal injury claim brought by the injured person themselves, a wrongful death claim in Florida must legally be filed by the personal representative of the deceased person estate, on behalf of the estate and the deceased person surviving family members, known as survivors, rather than by a family member directly in most circumstances.
This is an important structural difference from how some other states handle these claims, and it means that before a Tampa wrongful death lawsuit can be filed, a personal representative generally must be appointed for the estate, often through the probate court process, which is a necessary early step rather than an afterthought.
Who Actually Qualifies as a Survivor
Florida law under the Wrongful Death Act, Chapter 768 of the Florida Statutes, defines specific categories of survivors who can recover damages through the claim, generally including the surviving spouse, children, and in some circumstances parents of the deceased, with the specific damages available varying depending on the survivor relationship and, in some cases, the age of the deceased or the survivor. Minor children, for example, may be entitled to damages for lost parental companionship and guidance, while a surviving spouse may recover for lost companionship and mental anguish.
This survivor-specific structure means that not every grieving family member automatically has an independent right to sue, and it means the personal representative, who may or may not also be a survivor themselves, has specific legal duties to pursue the claim on behalf of everyone who does qualify, which can occasionally create complexity in families with a blended or complicated structure.
The Deadline, and How It Differs From an Injury Claim
The statute of limitations for a wrongful death claim in Florida is two years from the date of death, not the date of the underlying accident or negligent act, under the Florida Wrongful Death Act. This is worth noting specifically because Florida 2023 tort reform law, House Bill 837, shortened the general personal injury statute of limitations to two years as well, which means the two deadlines now align in most cases, but the wrongful death clock specifically starts running from the date of death, which can matter if a person survives an injury for a period of time before ultimately passing away.
Because establishing a personal representative through probate court is a prerequisite to filing, and because identifying all eligible survivors and their respective damages requires careful legal analysis, families considering a Tampa wrongful death claim benefit from consulting an attorney promptly after a loss, both to protect the filing deadline and to ensure the claim properly accounts for every survivor who may be entitled to recovery.
How to Get Legal Help
If you have lost a family member due to someone else negligence in the Tampa area, identify who qualifies as a survivor under the Florida Wrongful Death Act and consult a probate or wrongful death attorney promptly about establishing a personal representative for the estate, since that role is a required first step before a wrongful death lawsuit can be filed.
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Tampa Wrongful Death Lawsuit: Who Can File Under Florida Law: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Who can file a wrongful death lawsuit in Tampa?
Under Florida law, the personal representative of the deceased person estate must file the claim, on behalf of the estate and eligible surviving family members, known as survivors, rather than a family member filing directly in most circumstances.
Who qualifies as a survivor under Florida wrongful death law?
Generally the surviving spouse, children, and in some circumstances parents of the deceased, with the Florida Wrongful Death Act, Chapter 768 of the Florida Statutes, defining specific categories and the damages each may be entitled to recover.
What is the filing deadline for a Florida wrongful death claim?
Two years from the date of death, under the Florida Wrongful Death Act. This is distinct from the date of the underlying accident, which can matter if the person survived their injuries for some time before passing away.
Do I need to go through probate court first?
Generally yes. A personal representative must typically be appointed for the deceased person estate, often through the probate process, before a wrongful death lawsuit can be filed, making this an important early step.
What kind of damages can survivors recover?
Damages vary by survivor relationship and case specifics, but can include lost companionship, mental anguish, lost parental guidance for minor children, and the estate own losses such as funeral expenses and lost future earnings of the deceased.