Wrongful Death Lawsuits in Florida
A wrongful death is one of the most devastating losses a family can endure.
Florida
Introduction
Unlike a typical accident case, wrongful death claims involve the permanent loss of a loved onedue to someone else’s negligence, recklessness, or intentional act. In addition to overwhelming grief, families face medical bills, funeral expenses, loss of income, and the emotional toll of losing companionship, guidance, and support.
In Florida, surviving family members have the right to pursue a wrongful death claim under Florida’s Wrongful Death Act. This guide explains what wrongful death is, how negligence is proven, who qualifies as a survivor, and what families should know before seeking justice.
Quick Legal Summary
Do I have a wrongful death case in Florida?
Yes. If your loved one died because of another party’s negligence, misconduct, or intentional act, you may be entitled to bring a claim.
Who can file the lawsuit?
Only the personal representative of the deceased person’s estate may file the claim, but the lawsuit is brought on behalf of the survivors (spouse, children, parents, or dependent relatives).
How long do I have to file?
Most wrongful death claims in Florida must be filed within two years, though some cases (such as those involving medical malpractice or cruise ships) may have shorter deadlines.
What compensation is available?
Medical bills, funeral expenses, lost income, loss of support and services, loss of companionship, mental pain and suffering, and more.
What evidence is needed?
Accident reports, medical records, expert testimony, economic loss analysis, witness statements, photos, videos, and proof of negligence.
How do I get started?
Speak with a wrongful death lawyer immediately to preserve evidence and evaluate your legal options.
Causes
What Causes This Injury or Event?
Wrongful death occurs when a person dies due to someone else’s negligent, reckless, or intentional conduct. Some of the most common causes include:
- Negligence-Based Wrongful Death
- Motor vehicle, motorcycle, or truck crashes
- Pedestrian and bicycle accidents
- Slip and fall incidents
- Drowning or pool accidents
- Unsafe premises or building code violations
- Dangerous conditions in hotels, resorts, or theme parks
- Defective products
- Negligent security (shootings, assaults)
- Medical Malpractice Wrongful Death
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication mistakes
- Birth-related injuries
- Failure to monitor or treat in a timely manner
- Intentional Acts
- Assault
- Domestic violence
- Murder
Wrongful death may arise from a single negligent moment or a systemic failure by a company, institution, or professional.
When Does Negligence Apply?
Negligence applies when a person or entity fails to act with reasonable care, resulting in someone’s death. To establish a wrongful death claim, survivors must show:
- A duty of care existed such as a driver’s duty to follow traffic laws or a property owner’s duty to maintain safe conditions.
- The duty was breached through careless behavior, unsafe conditions, or intentional misconduct.
- The breach caused the death, meaning the negligence directly contributed to the fatal event.
- Damages resulted, including financial loss, funeral expenses, and emotional suffering.
Negligence can apply to individuals (drivers, doctors), businesses (hotels, trucking companies), manufacturers (defective products), and institutions (schools, hospitals, cruise lines).
What Compensation Can Families Recover?
Under Florida’s Wrongful Death Act, survivors may recover significant compensation, including:
- Economic Damages
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the decedent’s income and future earnings
- Loss of household services and support
- Non-Economic Damages
- Mental pain and suffering
- Loss of companionship (spouse)
- Loss of parental companionship, guidance, and instruction (children)
- Loss of emotional support
- Estate Damages
- Lost earnings from the date of injury to death
- Medical or funeral expenses paid by the estate
An experienced wrongful death lawyer works with economists, medical experts, and life-care specialists to calculate full lifetime losses.
Real Case Results
In a landmark wrongful death case, our firm secured a $24,315,980 verdict for the family of Orlando Police Officer Al Gordon, who was shot and killed during a robbery at an ATM while off duty and preparing for his next shift. Following a full trial in Orange County, the jury returned this substantial verdict in Estate of Alfred L. Gordon v. Terry, et al., Case No. 08-CA-0002852-ORL (34), recognizing the profound loss suffered by his family. The criminals responsible were convicted of first-degree murder and are serving life sentences, and the case received widespread coverage from media and news organizations.
Common Legal Questions
Is every fatal accident considered wrongful death?
No. There must be evidence that negligence, misconduct, or an intentional act caused or contributed to the death.
Do we need to wait for a criminal case to finish?
No. Civil wrongful death claims are separate and can proceed even if criminal charges are pending—or never filed.
What if multiple parties caused the death?
You may pursue claims against all responsible individuals, companies, or institutions.
What if my loved one partially contributed to the accident?
Florida’s comparative negligence laws may reduce damages, but you may still recover compensation.
Will the case go to trial?
Many wrongful death cases settle, but trial may be necessary if insurers refuse fair compensation.
How Our Law Firm Can Help
Wrongful death cases require a sophisticated understanding of Florida law, economic loss analysis, and complex liability issues. Our firm has extensive experience litigating wrongful death cases involving motor vehicles, medical negligence, unsafe premises, defective products, negligent security, and resort or vacation-related incidents.
AI Legal Assistant CTA
Not sure if you have a wrongful death case?Our AI Legal Assistant, trained on Florida wrongful death and personal injury law, can help you understand your rights within minutes. While it is not a substitute for legal advice, it can clarify key issues, outline potential claims, and prepare you for a consultation with one of our attorneys.
