Losing a family member because of someone else's negligence is devastating, and the legal questions that follow can feel overwhelming. Florida's Wrongful Death Act allows the family and the estate to seek accountability and compensation. Gross Law Group represents families in wrongful death cases in Melbourne, West Melbourne, Palm Bay, Viera, the beach communities, and throughout Brevard County.
Our Melbourne office is at 2084 Meadowlane Avenue, on the west side of Melbourne near U.S. 192 (New Haven Avenue). We explain how a wrongful death claim works, who may recover, and what deadlines apply, and we work to identify every responsible party and insurance policy while the family focuses on each other.
The first consultation is free. Call (888) 858-1505 or contact us online.
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Key Takeaways About Melbourne Wrongful Death Claims
- A Florida wrongful death action is brought by the decedent's personal representative for the benefit of the survivors and the estate.
- Survivors include the spouse, children, and parents, and in some cases dependent blood relatives and adoptive siblings; "minor children" means children under 25.
- Florida generally allows two years to file a wrongful death action.
- Claims involving government agencies or federal employees have additional notice and claim requirements.
- Comparative fault can reduce or bar recovery, and a defense against one survivor does not affect the others.
Wrongful Death Claims in the Melbourne Area
In Brevard County, fatal crashes on Interstate 95, U.S. 192, U.S. 1, and other busy roads, crashes involving commercial trucks and company vehicles, and deaths caused by unsafe or poorly secured property are among the situations that can lead to a wrongful death claim. Brevard County is also home to Patrick Space Force Base and other federal facilities, and claims involving federal employees follow separate rules. When a federal employee causes an injury while acting within the scope of the job, the claim generally falls under the Federal Tort Claims Act. A written claim usually must be presented to the responsible federal agency within two years (28 U.S.C. 2401(b)), and a lawsuit generally cannot be filed until the agency denies the claim or does not act on it within six months (28 U.S.C. 2675(a)).
How Florida's Wrongful Death Act Works
Florida's Wrongful Death Act, Fla. Stat. 768.16 through 768.26, allows a claim when a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, and the injured person could have brought a claim had he or she survived (Fla. Stat. 768.19).
The action is brought by the decedent's personal representative, who is appointed through the probate court and recovers damages for the benefit of the survivors and the estate. When an injury results in death, a personal injury claim for that injury does not survive; it is replaced by the wrongful death claim (Fla. Stat. 768.20). The complaint must identify all potential beneficiaries, including the estate, and their relationships to the decedent (Fla. Stat. 768.21).
Who Counts as a Survivor
Under Fla. Stat. 768.18, survivors are the decedent's spouse, children, and parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. "Minor children" means children under 25 years of age, regardless of the age of majority.
Damages Under the Florida Wrongful Death Act
Section 768.21 sets out who may recover what:
- Each survivor may recover the value of lost support and services, past and future.
- A surviving spouse may recover for loss of the decedent's companionship and protection and for mental pain and suffering.
- Minor children, and all children if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering.
- Parents of a deceased minor child may recover for mental pain and suffering; parents of an adult child may do so only if there are no other survivors.
- A survivor who paid medical or funeral expenses may recover them.
- The estate may recover the decedent's lost earnings from injury to death (less lost support of survivors), in some cases the loss of prospective net accumulations, and medical or funeral expenses charged to the estate.
In claims for medical negligence, adult children may not recover for lost parental companionship and mental pain and suffering, and parents of an adult child may not recover for mental pain and suffering (Fla. Stat. 768.21(8)). All awards to the estate are subject to the claims of creditors under probate law. The amounts awarded to each survivor and to the estate must be stated separately (Fla. Stat. 768.22), and the court must provide protection for amounts awarded to a minor child or an incompetent person under the Florida Guardianship Law (Fla. Stat. 768.23).
Deadlines and Other Rules
Florida generally allows two years to file a wrongful death action (Fla. Stat. 95.11(5)(e)). Claims against a government agency are subject to written notice requirements and damage limits under Fla. Stat. 768.28.
Comparative fault can also matter. A defense that would bar or reduce a particular survivor's recovery may be asserted against that survivor without affecting the others (Fla. Stat. 768.20), and in most negligence cases a party found more than 50 percent at fault for his or her own harm may not recover (Fla. Stat. 768.81(6)).
HB 837 also changed how medical bills are proven in personal injury and wrongful death cases, limiting evidence of paid bills to the amount actually paid and requiring disclosure of treatment under a letter of protection (Fla. Stat. 768.0427).
Insurance in Fatal Crash Cases
In fatal truck and commercial vehicle crashes, federal and Florida minimum insurance requirements can bring larger policies into the case. Federal rules set minimum liability insurance for interstate for-hire carriers hauling property in vehicles of 10,001 pounds or more: $750,000 for general freight, $1,000,000 for oil and many hazardous materials, and $5,000,000 for certain bulk hazardous materials (49 CFR 387.9). Trucks that run only inside Florida can carry far less. Florida's minimums for intrastate commercial motor vehicles weighing 26,000 pounds or more range from $50,000 to $300,000 depending on weight (Fla. Stat. 627.7415).
How Gross Law Group Helps Melbourne Families
- We explain the wrongful death process and who may recover, so the family can make informed decisions.
- We work to preserve evidence such as vehicle data, video, trucking records, and property security records.
- We work to identify all responsible parties and insurance policies.
- We work with economic professionals to document lost support, services, and earnings.
- We handle communications with insurers so the family can focus on each other.
See also our pages on Florida wrongful death claims, catastrophic injuries, and truck underride crashes.
Brevard County Courts
State court cases arising in Brevard County are heard in Florida's Eighteenth Judicial Circuit, which also includes Seminole County (Florida Courts). In Brevard, the circuit's main courthouse is the Moore Justice Center in Viera, and the circuit also has a courthouse in Melbourne (Eighteenth Judicial Circuit). Brevard County is in the federal Middle District of Florida, which holds court in Orlando and other cities, so some cases against out-of-state companies may be heard there (28 U.S.C. 89(b)).
Talk With a Melbourne Wrongful Death Lawyer
If you lost a family member because of someone else's negligence in the Melbourne area, call Gross Law Group at (888) 858-1505 or reach us online. We handle injury cases on a contingency fee: No Recovery, No Fee. The first consultation is free.
We also handle Melbourne truck accident cases, Melbourne commercial vehicle accident cases, Melbourne car accident cases, and other Melbourne personal injury claims.
Gross Law Group, P.A. – Melbourne Office
2084 Meadowlane Ave
Melbourne, FL 32904
Phone: (888) 858-1505
Melbourne Wrongful Death FAQs
Who can file a wrongful death lawsuit in Florida?
The lawsuit is brought by the personal representative of the decedent's estate, who recovers damages for the benefit of the survivors and the estate (Fla. Stat. 768.20). Survivors include the spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, blood relatives and adoptive brothers and sisters (Fla. Stat. 768.18).
Can adult children recover damages?
In Florida, "minor children" means children under 25 (Fla. Stat. 768.18(2)). Children 25 or older may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering only if there is no surviving spouse (Fla. Stat. 768.21(3)), and not in claims for medical negligence (Fla. Stat. 768.21(8)). Any survivor may recover lost support and services.
How long does a family have to file a wrongful death claim?
Florida generally allows two years to file a wrongful death action (Fla. Stat. 95.11(5)(e)). Claims against government entities have additional written notice requirements, so please call promptly.
What if a federal employee caused the death?
When a federal employee acting within the scope of the job causes a death, the claim generally falls under the Federal Tort Claims Act. A written claim usually must be presented to the responsible federal agency within two years (28 U.S.C. 2401(b)), and a lawsuit generally cannot be filed until the agency denies the claim or does not act on it within six months (28 U.S.C. 2675(a)).
Does a court have to approve a wrongful death settlement?
While a wrongful death action is pending, a settlement as to amount or apportionment among the beneficiaries that any survivor objects to, or that affects a survivor who is a minor or incompetent, is not effective unless the court approves it (Fla. Stat. 768.25).
What does it cost to hire Gross Law Group?
See fee terms in your written agreement. The first consultation is free.