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Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. Whether the loss was caused by a car accident, medical error, workplace injury, or another preventable tragedy, the emotional and financial consequences can be overwhelming. While no amount of compensation can bring back your loved one, a wrongful death claim can help ease the financial burden and hold the responsible party accountable.
At Kemp Injury Law, we provide compassionate legal representation for families in Lakeland, Winter Haven, Bartow, and throughout Polk County who have lost loved ones due to negligence. Our team understands the sensitivity of wrongful death cases and is committed to helping families seek justice and financial security during this difficult time.
Under Florida law (Florida Statutes § 768.19), a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, or misconduct of another party. Some of the most common causes of wrongful death claims in Polk County include:
If negligence, recklessness, or intentional misconduct led to your loved one’s passing, you may have grounds for a wrongful death claim.
Related: Can You File a Wrongful Death Lawsuit After a Fatal Car Accident in Florida?
In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. The claim is brought on behalf of surviving family members, which may include:
The compensation recovered in a wrongful death lawsuit can help cover medical expenses, funeral costs, lost income, and emotional suffering for surviving family members.
A wrongful death claim can help families recover financial compensation for both economic and non-economic losses, including:
While no financial award can truly compensate for the loss of a loved one, securing fair compensation can help ease the financial burden and provide a sense of justice.
Florida law sets a two-year statute of limitations for wrongful death lawsuits (Florida Statutes § 95.11(4)(d)). This means surviving family members must file a claim within two years of the date of death. However, certain circumstances—such as medical malpractice cases—may have different deadlines.
To ensure your family’s rights are protected, it is crucial to speak with a wrongful death attorney as soon as possible.
In addition to wrongful death claims, Kemp Injury Law represents clients in a variety of personal injury cases, including:
Losing a loved one is never easy, and pursuing a wrongful death claim can feel overwhelming. At Kemp Injury Law, we are here to provide legal guidance, emotional support, and aggressive representation for grieving families.
If you have lost a loved one due to someone else’s negligence, we encourage you to reach out. Schedule a free consultation today, and let us help you seek justice for your family.
Reviewed for legal accuracy by Adam Kemp on September 16, 2026
In 2026, who actually files the wrongful death lawsuit in Polk County, and do we need a personal representative first?
In Florida, the wrongful death action must be brought by the decedent’s personal representative for the benefit of the survivors and the estate. If a personal representative has not been appointed yet, a probate case is typically needed so the court can appoint one. Florida probate materials describe the personal representative as the person appointed by the judge to administer the estate. Attorneys commonly file court documents electronically through the Florida Courts E-Filing Portal.
In 2026, what damages go to the survivors versus the estate in a Florida wrongful death claim?
Florida’s wrongful death damages statute separates losses that may be claimed by survivors (for example, certain lost support and services and other relationship-based losses) from losses that may be claimed by the estate (for example, certain loss of earnings from the date of injury to the date of death and, in specific situations, prospective net accumulations). The statute also addresses recovery of medical or funeral expenses in some situations.
What types of compensation are available in a wrongful death claim?
Wrongful death claims in Florida allow survivors to recover both economic and non-economic damages. These may include medical bills, funeral expenses, lost income or benefits, and the value of future earnings. Survivors may also claim compensation for emotional pain, mental anguish, and the loss of companionship or guidance. In some cases, punitive damages may be awarded if the defendant’s actions were especially egregious or reckless. Every case is unique, and the damages depend on the nature of the relationship with the deceased and the financial impact of their death. An experienced wrongful death attorney will help calculate a comprehensive claim that reflects the true loss.
How long do I have to file a wrongful death lawsuit in Florida?
Florida law sets a two-year statute of limitations for filing a wrongful death lawsuit from the date of death. If this deadline is missed, you may lose your legal right to pursue compensation. Certain exceptions apply, such as cases involving medical malpractice or delayed discovery of negligence, but they are rare. It’s critical to act quickly so that your attorney can preserve evidence, identify all liable parties, and begin building your case. Delays can also make it harder to locate witnesses or gather key documentation. At Kemp Law Group, we handle all deadlines to ensure your claim is filed within Florida’s legal timeframe.
Can wrongful death claims include compensation for funeral expenses and estate losses?
Yes. In Florida wrongful death cases, recoverable damages include funeral, burial, and probate expenses, as well as loss of the decedent’s expected financial contributions to the estate. Under Florida Statutes § 768.21, personal representatives can pursue these economic damages on behalf of survivors. Additionally, the court may award funeral and estate administration costs, compensating for settling final affairs. Non-economic damages—like loss of companionship, guidance, and protection—are also available to spouses and children. A wrongful death lawyer ensures these varied damages are factored into your claim and properly supported through documentation. Handling both economic and non-economic components is vital for full family recovery.
What if the decedent was partially at fault—does that reduce compensation?
Florida applies a comparative fault rule in injury cases, but not in wrongful death claims. That means even if the deceased was partly responsible for their death, the survivors can still recover full damages. No deduction is made for the decedent’s negligence, so long as someone else’s wrongful act played a role. This exception is significant because it preserves maximum compensation for grieving families. A wrongful death attorney will assess contributory factors and ensure that no offset is applied against your claim. This law underscores the importance of pursuing wrongful death claims promptly and with skilled guidance.
What documentation is needed to support a wrongful death claim in Florida?
Strong documentation is essential. Needed items include the death certificate, autopsy reports, medical records showing cause of death, and proof of negligence—such as accident reports, expert opinions, or witness statements. You should also gather documentation of funeral costs, lost earnings or benefits the decedent would have provided, and evidence of emotional loss (e.g., affidavits from family members). If applicable, details about dependency, estate values, and burial costs also help quantify damages. A wrongful death lawyer will compile, organize, and present these materials to substantiate your claim. Thorough documentation drives fair compensation outcomes for affected families.
Why should I choose Kemp Injury Law for a wrongful death case in Polk County?
Kemp Injury Law brings compassion, experience, and aggressive legal representation to every wrongful death case we handle. We understand that no amount of money can replace a lost loved one, but justice and financial security can help bring closure. Our team has successfully represented grieving families throughout Polk County, holding negligent individuals and corporations accountable. We handle every aspect of your case—from investigating the cause of death to negotiating with insurance companies or going to trial if needed. You’ll receive dedicated support, clear communication, and the legal strength to take on powerful defendants. If you’ve lost someone due to negligence, reach out to us today to start seeking justice.
