Who Can File a Wrongful Death Lawsuit in Florida?

August 27, 2025

Who Can File a Wrongful Death Lawsuit in Florida?

Losing a loved one due to someone else's negligence or misconduct is devastating, and in Florida, the law provides a path for certain individuals to seek justice through a wrongful death lawsuit. At Personal Injury Law Partners LLC, we help families in Miami-Dade County understand their rights and pursue the compensation they may be entitled to.


What Is a Wrongful Death Lawsuit?


A wrongful death lawsuit is a civil action filed against a person or entity believed to be responsible for causing another person’s death. This type of lawsuit can arise from car accidents, medical malpractice, defective products, workplace accidents, or other acts of negligence or intentional harm.


Who Can File in Florida?


Under Florida Statutes § 768.20, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This representative is usually named in the deceased’s will or appointed by the court if there is no will. While only the personal representative can officially file the lawsuit, they do so on behalf of the surviving family members, including:


  • Spouse of the deceased
  • Children, including legally adopted children and minors
  • Parents, particularly if the deceased was a minor or had no spouse or children
  • Other dependent relatives, in some circumstances


Each qualifying survivor may be eligible to recover damages such as lost support and services, loss of companionship, mental pain and suffering, and funeral expenses.


Time Limits for Filing


Florida has a statute of limitations of two years from the date of death to file a wrongful death claim. Failing to act within this timeframe can permanently bar the claim, so it’s critical to seek legal guidance as early as possible.


Get Help from a Local Attorney


If you've lost a loved one in Miami-Dade County due to another’s wrongdoing, Personal Injury Law Partners LLC is here to help. We understand the emotional and financial toll of wrongful death and are committed to guiding you through every step of the legal process.

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