No legal remedy can undo the loss of someone you love. But when a death is caused by another party’s negligence, recklessness, or intentional conduct, Florida law gives surviving family members the right to hold those responsible accountable — and to seek compensation for the financial and emotional devastation left behind.
Attorney Jamila Little of Little Law, P.A. handles wrongful death and catastrophic personal injury claims throughout Tampa Bay and Florida with the compassion and tenacity that grieving families deserve. Here is what you need to understand.
Florida’s Wrongful Death Act: The Legal Framework
Defining Wrongful Death and the Standard of Negligence
Under Florida’s Wrongful Death Act (§§ 768.16–768.26), a wrongful death occurs when a person dies due to the wrongful act, negligence, default, or breach of contract of another party. To succeed, the personal representative must prove duty, breach of that duty, causation, and resulting damages to the estate and surviving family members.
Who Can File a Wrongful Death Lawsuit in Florida
In Florida, the personal representative of the deceased’s estate brings the lawsuit on behalf of eligible survivors — spouse, children, parents, and in limited cases, blood relatives who were financially dependent on the deceased. Each survivor may be entitled to different categories of damages based on their relationship with the deceased.
Common Causes of Wrongful Death in Florida
Fatal Car and Truck Accidents on Florida Roads
Motor vehicle crashes are among the leading causes of wrongful death claims in Florida. The Florida Department of Highway Safety and Motor Vehicles publishes annual crash data documenting thousands of traffic fatalities each year. When a crash results from another driver’s negligence — speeding, distracted driving, impairment — the victim’s family has the right to pursue full compensation.
Negligent Security, Premises Liability, and Medical Negligence
Wrongful death claims also arise from dangerous property conditions, inadequate security at businesses or apartment complexes, defective products, workplace accidents, and medical negligence. Across all of these scenarios, the fundamental question is the same: did the defendant’s failure to exercise reasonable care cause your loved one’s death?
What Compensation Is Available in a Florida Wrongful Death Case?
Economic and Non-Economic Damages for Surviving Families
Surviving family members and the estate may recover a wide range of damages. Economic damages include medical expenses incurred before death, funeral and burial costs, and the financial support — income, household services, benefits — the deceased would have provided over their lifetime. Non-economic damages compensate for lost companionship, parental guidance, mental pain and suffering, and the lasting emotional void. In cases involving egregious conduct, punitive damages may also be available.
Florida’s Wrongful Death Statute of Limitations: Act Before It Is Too Late
Florida’s wrongful death statute of limitations is two years from the date of death, established under Florida Statute § 95.11. Missing this deadline permanently bars the claim. Preserving evidence — accident reports, medical records, surveillance footage, witness statements — is equally time-sensitive and should begin immediately.
At Little Law, P.A., we understand that legal action is the furthest thing from your mind while grieving. Attorney Jamila Little handles every aspect of the legal process with sensitivity and thoroughness, so your family can focus on healing.
Visit our personal injury and wrongful death practice page to learn more about how Little Law, P.A. pursues justice for Florida families.