Can You File a Wrongful Death Lawsuit After a Fatal Car Accident in Florida?

When a loved one is killed in a car accident, the emotional pain is overwhelming. But when that crash was caused by someone else’s reckless or negligent behavior, the loss becomes even harder to accept. In Florida, the law allows surviving family members to file a wrongful death claim to seek compensation and hold the at-fault party accountable. But how exactly does that process work and who is allowed to sue?

At Kemp Law, we help grieving families in Orlando and throughout Florida take legal action after fatal crashes. If you're wondering whether you have the right to file a wrongful death lawsuit after losing someone in a car accident, this guide will walk you through the key facts you need to know.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of civil claim filed when someone dies due to another person or entity’s negligence, recklessness, or intentional actions. In the context of a car accident, this might include:

• Drunk or impaired driving
• Speeding or reckless driving
• Distracted driving (texting, phone use, etc.)
• Running a red light or failing to yield
• Defective vehicle components or dangerous road conditions

Unlike criminal charges, which are brought by the state to punish wrongdoing, a wrongful death claim is brought by the deceased person’s family to pursue financial compensation for their loss.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, the personal representative of the deceased person’s estate must be the one to file the lawsuit. However, the lawsuit is filed on behalf of the deceased’s surviving family members, also called “survivors.” These typically include:

• The spouse of the deceased
• Children (including adopted children)
• Parents (especially in the case of a deceased child)
• Other relatives who were financially dependent on the deceased

The personal representative is often named in the deceased’s will. If no will exists, the court may appoint one, usually a close family member. This person will work with a wrongful death attorney to pursue the claim and distribute any recovered damages to the appropriate survivors.

What Compensation Can Be Recovered?

Florida law allows survivors to seek compensation for both economic and non-economic losses. This may include:

• Medical expenses related to the deceased’s final care
• Funeral and burial costs
• Loss of financial support and services the deceased would have provided
• Loss of companionship, protection, and guidance
• Mental pain and suffering (available to certain close relatives)

Each case is unique, and the amount of compensation depends on the circumstances of the accident, the relationship to the deceased, and the financial and emotional impact of the loss. At Kemp Law, our wrongful death attorneys fight to ensure families receive the full and fair compensation they deserve after a tragic loss.

What If the Driver Is Facing Criminal Charges?

In many fatal car accidents, the at-fault driver may also face criminal charges, especially in cases involving DUI, reckless driving, or hit-and-run. However, a wrongful death claim is separate from any criminal prosecution. You can file a civil lawsuit even if no criminal charges are filed or if the driver is found not guilty in criminal court.

This is because the standards of proof are different: criminal cases require proof "beyond a reasonable doubt," while civil wrongful death cases only require a "preponderance of the evidence," meaning it's more likely than not that the defendant was at fault.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

Florida has a strict statute of limitations for wrongful death claims. In most cases, you have just two years from the date of your loved one’s death to file a lawsuit. Missing this deadline can mean losing your right to recover compensation, no matter how strong your case may be.

Because these cases can be complex and emotionally draining, it’s important to speak with an attorney as soon as possible. Early action helps preserve critical evidence, ensures all deadlines are met, and gives your family the best chance at a successful outcome.

Call Kemp Injury Law for Help With Your Wrongful Death Claim

Losing a loved one in a car accident is one of the hardest experiences anyone can endure. While no amount of money can replace what you’ve lost, a wrongful death claim can provide financial relief and hold the responsible party accountable. It’s also a way to seek justice for your loved one’s memory.

At Kemp Injury Law, we handle wrongful death cases with compassion, experience, and aggressive representation. We guide families through every step of the legal process so they can focus on healing while we handle the legal fight.

Contact us today to schedule a free consultation with a wrongful death attorney who understands what you’re going through and knows how to help.