Losing a family member to someone else's negligence leaves grief alongside urgent practical questions about income, bills, and the future. Gross Law Group represents families after fatal truck crashes, car and motorcycle crashes, rideshare crashes, and other deaths caused by negligence across the Florida Panhandle and the Space Coast.
The first consultation is free. Call (888) 858-1505 or contact us online. If you contact us and can't travel, we can arrange to meet by video or at a location convenient to you.
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Key Takeaways About Florida Wrongful Death Claims
- A Florida wrongful death claim is brought by the personal representative of the estate for the benefit of the survivors and the estate.
- Survivors include the spouse, children, and parents, and certain dependent relatives.
- Under the Wrongful Death Act, "minor children" means children under 25.
- Florida generally allows two years to file a wrongful death action.
- Fee terms are set out in a written agreement.
Florida's Wrongful Death Act
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.
All awards to the estate are subject to the claims of creditors under probate law.
The Medical Negligence Exception
In claims for medical negligence, adult children cannot recover for lost parental companionship or mental pain and suffering, and parents of an adult child cannot recover for mental pain and suffering (Fla. Stat. 768.21(8)). This page focuses on deaths caused by crashes and other negligence; medical negligence claims follow separate procedural rules.
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. Federal claims, such as a crash involving a federal employee on the job, generally require a written administrative claim within two years (28 U.S.C. 2401(b)).
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 Florida's comparative fault statute applies to negligence claims generally (Fla. Stat. 768.81).
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). Florida requires at least $1 million in primary liability coverage, which the driver, the rideshare company, or both may provide, from the moment a driver accepts a ride until the passenger gets out. When the app is on but no ride has been accepted, the minimum drops to $50,000 per person and $100,000 per incident (Fla. Stat. 627.748(7)).
How Gross Law Group Helps 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, and trucking 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 catastrophic injuries, truck underride crashes, and Florida personal injury.
Offices Serving the Florida Panhandle and the Space Coast
Gross Law Group handles wrongful death cases from our offices in Pensacola, Panama City Beach, and Melbourne.
Gross Law Group, P.A. – Pensacola Office
21 East Garden Street, Suite 208
Pensacola, FL 32502
Phone: (888) 858-1505
Gross Law Group, P.A. – Panama City Beach Office
4408 Delwood Ln, Suite 14
Panama City Beach, FL 32408
Phone: (888) 858-1505
Gross Law Group, P.A. – Melbourne Office
2084 Meadowlane Ave
Melbourne, FL 32904
Phone: (321) 321-1441
Talk With a Wrongful Death Lawyer
If you lost a family member because of someone else's negligence, call Gross Law Group at (888) 858-1505 or send us a message. We handle injury cases on a contingency fee: No Recovery, No Fee. The first consultation is free.
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. 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, and those damages are not available to adult children in medical negligence cases (Fla. Stat. 768.21(3) and (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 can the estate recover?
The personal representative may recover for the estate the decedent's lost earnings from the date of injury to death (less lost support of survivors), in some cases the loss of prospective net accumulations, and medical or funeral expenses that were charged to the estate or paid on the decedent's behalf (Fla. Stat. 768.21(6)).
How does Gross Law Group charge for wrongful death cases?
See fee terms in your written agreement. The first consultation is free.