When Can a Family Pursue a Wrongful Death Claim in Florida?

Losing someone you love is never easy—but when that loss is caused by someone else’s negligence or wrongdoing, the grief is often accompanied by anger, confusion, and a need for justice. In Florida, families do have legal options when a death is the result of another party’s careless or intentional actions. A wrongful death claim can help provide closure, hold the responsible party accountable, and ease the financial burden left behind. But when exactly can a family pursue this type of legal action? 

At Kemp Injury Law in Winter Haven, we help grieving families throughout Florida understand their rights and seek compensation after a tragic, preventable loss. Here’s what you need to know about when and how to pursue a wrongful death claim under Florida law.

What Is Considered a Wrongful Death in Florida?

A wrongful death occurs when a person dies as a direct result of another party’s negligence, recklessness, or intentional misconduct. According to Florida Statute §768.19, a wrongful death claim can be brought when “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.” Put simply, if your loved one could have filed a personal injury lawsuit had they survived, then their estate may now file a wrongful death claim on their behalf. Common causes of wrongful death include:

• Car, truck, and motorcycle accidents
• Medical malpractice or surgical errors
• Defective products or dangerous medications
• Workplace or construction accidents
• Nursing home abuse or neglect
• Acts of violence or criminal behavior

Each situation is different, but what they all have in common is that the death could have—and should have—been prevented.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person's estate. This person is typically named in the will, but if no will exists, the court will appoint a representative. The personal representative files the lawsuit on behalf of the surviving family members, who may include:

• The surviving spouse
• Children (including adopted children)
• Parents of a deceased minor child or adult child (in certain circumstances)
• Other blood relatives or adoptive siblings who were dependent on the deceased for support or services

Each of these survivors may be entitled to different types of compensation depending on their relationship with the deceased and the extent of their losses.

To learn more about how wrongful death claims are handled in Florida, visit our Winter Haven wrongful death attorney page.

When Is a Family Eligible to File a Wrongful Death Claim?

A wrongful death claim can be filed when the following conditions are met:

1. The Death Was Caused by Negligence or Misconduct

There must be clear evidence that someone else’s action—or inaction—directly led to the death. This can include reckless driving, medical errors, failure to provide adequate care, or using excessive force.

2. The Death Caused Financial or Emotional Damages

Surviving family members must show they’ve suffered measurable damages. This could be the loss of financial support, funeral and burial expenses, emotional suffering, or the loss of companionship and parental guidance.

3. The Claim Is Filed Within the Legal Time Limit

In Florida, the statute of limitations for wrongful death claims is two years from the date of death. If the lawsuit is not filed within this window, families may lose the right to pursue compensation. There are limited exceptions, such as when the death involves medical malpractice or is not immediately discovered. But in most cases, acting promptly is crucial.

What Compensation Can Be Recovered in a Florida Wrongful Death Lawsuit?

A successful wrongful death claim may provide financial relief and a sense of justice to surviving family members. Damages may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of income and future financial support
• Loss of companionship, protection, and guidance
• Mental pain and suffering (especially for surviving spouses and parents)
• Loss of household services or caregiving

In some cases, the court may also award punitive damages to punish especially reckless or intentional behavior.

How a Wrongful Death Lawyer Can Help

Wrongful death lawsuits are emotionally difficult and legally complex. They often involve in-depth investigations, expert witnesses, insurance company negotiations, and strict procedural rules. At Kemp Injury Law, we handle every aspect of the claim so that you and your family can focus on healing. Our team works tirelessly to:

• Determine who is legally responsible for your loved one’s death
• Calculate the full value of your family’s damages
• Negotiate a fair settlement or take your case to court if needed
• Ensure your family’s rights are protected throughout the process

Whether the case involves a distracted driver, negligent doctor, or careless nursing home, we’re here to fight for accountability and compensation on your behalf.

You Don’t Have to Go Through This Alone

The loss of a loved one leaves a permanent hole in your life—but it doesn’t have to leave you without answers or support. If you believe your family member’s death was caused by negligence, we’re here to listen and help you explore your legal options.

To speak with a compassionate attorney about your potential case, contact us at Kemp Injury Law today. We serve families in Winter Haven and throughout Florida with dedication, integrity, and care. Let us help you find justice when it matters most.