Florida wrongful death claims: who may bring them and when
Florida handles wrongful death through a specific statutory framework. It is procedurally different from an injury claim, and the first questions are usually about who is legally permitted to bring the action rather than about the underlying event.
AnswerSignal is not a law firm and does not provide legal advice, legal representation, or referrals in exchange for a fee. Information on this page is general and may not apply to your situation. No result is promised or implied. Deadlines in Florida are strict — speak with a licensed Florida attorney about your own facts.
Who brings the claim
Under the Florida Wrongful Death Act, the action is brought by the personal representative of the decedent's estate, on behalf of the estate and identified survivors. Individual family members do not typically file separately.
Appointing a personal representative usually requires a probate step, which takes time and is worth starting early.
What the statute recognises
The statute defines which survivors may recover and what categories of losses are recognised. Those definitions, not general expectations, control the claim.
This page does not describe amounts. No outcome, value, or recovery is suggested or implied.
Deadlines
Florida wrongful death actions are generally subject to a two-year deadline, and shorter notice requirements can apply where a government entity is involved. Confirm the deadline that applies to your circumstances with a licensed Florida attorney.
Practical checklist
- Preserve the incident report, medical records, and any employer or agency records.
- Identify who is likely to serve as personal representative.
- Keep funeral and medical expense documentation.
- Note any government entity involvement immediately — notice periods can be short.
- Speak with a licensed Florida attorney early; probate steps take time.
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Tell us what happened and where in Florida it happened. We are not a law firm, we do not give legal advice, and we do not accept submissions from anyone already represented by a lawyer for the same matter.
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Share your situationCommon questions
- Can a family member file directly in Florida?
- Generally no. The Florida Wrongful Death Act requires the personal representative of the estate to bring the action on behalf of the estate and identified survivors.
- How long do we have?
- Florida wrongful death actions are generally subject to a two-year deadline, with shorter notice requirements possible where a government entity is involved. Confirm your deadline with a licensed Florida attorney.