Losing a family member in a preventable accident raises difficult questions about what Florida law actually allows surviving family members to recover. Florida’s Wrongful Death Act, found in Florida Statutes section 768.16 through 768.26, sets out specific categories of damages available to survivors, and the amounts allowed depend heavily on the relationship between the survivor and the person who died. Palm Beach County recorded 26,550 crashes in 2024, ranking third among Florida counties for total accident volume, according to state crash data, and a portion of these collisions each year result in wrongful death claims.
Evaluating exactly which categories apply to a specific family’s situation often benefits from a firm with a demonstrated history of handling these cases. The Grife Law Firm’s Florida personal injury attorneys handle these cases for families dealing with fatal accidents and related losses. Their firm has recovered more than $120 million in verdicts and settlements for injured and grieving clients, and helps South Florida families evaluate the damages that may apply to their circumstances.
The categories of damages available in a Florida wrongful death claim and who is entitled to recover them.
Who Can File a Florida Wrongful Death Claim
Under Florida law, the personal representative of the deceased person’s estate files the wrongful death lawsuit on behalf of all eligible survivors. Eligible survivors typically include a spouse, children, parents, and in some cases other blood relatives who depended on the deceased for support. Identifying the correct personal representative is one of the first procedural steps in a Florida wrongful death case.
Funeral and Burial Expenses
The estate can recover the actual costs of funeral and burial expenses paid on behalf of the deceased. These costs are typically among the most straightforward damages to document because they come with receipts and invoices. Reimbursing these expenses can provide some financial relief during an already overwhelming time.
Lost Support and Services
Surviving spouses and children can recover the value of lost support and services they would have received had the person survived, calculated from the date of injury through the person’s projected life expectancy. Interstate 95 and the Florida Turnpike both run through Palm Beach County and see steady serious crash volume each year. Calculating lost support requires detailed evidence about the deceased person’s income, work history, and contributions to the household.
Loss of Companionship and Guidance for Children
Minor children of the deceased can recover damages for lost parental companionship, instruction, and guidance, along with mental pain and suffering from the date of injury forward. Florida law specifically recognizes these losses as distinct from lost financial support.
The loss of a parent’s guidance during childhood can also have profound emotional consequences, which Florida law recognizes as compensable harm under the applicable wrongful death provisions.
Loss of Consortium for Surviving Spouses
A surviving spouse can recover damages for lost companionship and protection, along with mental pain and suffering resulting from the death. Florida recorded 2,589 total traffic deaths through 2024 preliminary data, and spousal wrongful death claims arise from a meaningful share of these fatal crashes.
This category recognizes losses that go beyond financial support and reflect the relationship between spouses.
Medical and Hospital Expenses Before Death
If the deceased received medical treatment between the time of the accident and the time of death, the estate can recover those medical expenses as part of the wrongful death claim. Florida ranks third nationally for fatal accidents, according to state highway safety analysis, and many fatal crash victims receive some emergency treatment before passing.
Pre-death medical bills are typically among the more straightforward damages to verify and calculate because they can be supported through hospital records, invoices, and other treatment documentation.
The Statute of Limitations for Filing
Florida generally requires wrongful death claims to be filed within two years of the date of death under Florida Statutes section 95.11. Missing this deadline typically bars the claim entirely, regardless of how strong the underlying evidence might be.
Starting the investigation early also gives witnesses, family members, and legal counsel more time to preserve evidence and establish the circumstances surrounding the death.
What Florida Families Should Understand
Florida’s Wrongful Death Act allows surviving family members to recover a range of damages, including funeral costs, lost financial support, and compensation for lost companionship and guidance, with the specific categories available depending on each survivor’s relationship to the deceased.
Understanding these categories early helps families ensure that a claim accounts for the full scope of what Florida law allows, rather than overlooking damages that may be recoverable.
