Miami and Tampa wrongful death lawyer

The family cannot file. The estate does.

Florida’s Wrongful Death Act sets out who may bring a claim, who may recover from it, and what they may recover. It surprises almost every family, because the people most affected are not always the people the statute recognises.

Free case review Miami (305) 662-4323 Tampa (813) 930-5422

Who files: The estateOnly the personal representative may bring the action
Who recovers: By statuteSurvivors are defined in the Act, not by the family
Deadline: 2 yearsFla. Stat. § 95.11, for deaths on or after 24 March 2023
Governed by: §§ 768.16–768.26The Florida Wrongful Death Act

01 Who the law recognises

Who can file a wrongful death claim in Florida

The claim is brought by the personal representative of the estate — a single action on behalf of the estate and all statutory survivors, not separate claims by each grieving relative. Appointing that representative through the probate court is therefore the first step, and it takes time that runs against the deadline.

The Act defines who may recover: generally the surviving spouse, minor children, and in defined circumstances adult children, parents and others dependent on the deceased for support. Those categories do not always match who the family considers closest.

Medical negligence cases carry their own additional restrictions on which survivors may recover non-economic damages, and that area has been the subject of repeated legislative attention. It is worth checking the current position on any specific case rather than assuming.

02 What is recoverable

What damages the Florida Wrongful Death Act allows

Survivors may recover for lost support and services, loss of companionship and protection, and mental pain and suffering, depending on their statutory category. A surviving spouse and minor children sit in the strongest position.

The estate separately recovers lost earnings from injury to death, loss of net accumulations, and the medical and funeral expenses it has paid.

Any recovery is apportioned among the estate and the survivors, and where interests diverge that apportionment is its own process — which is one reason these cases are not simply larger injury cases.

03 Where these cases come from

Miami-Dade

Miami-Dade wrongful death claims are filed at the Circuit Court on West Flagler, with the probate appointment of a personal representative running in parallel. The deaths come from the expressways, from construction, and from negligent security on residential property.

The Miami office · Homestead

Hillsborough

Hillsborough claims are filed at the Circuit Court on East Twiggs Street, with the same probate step. The causes follow the interstate, the distribution corridors and the agricultural south of the county.

The Tampa office

04 What damages a claim

Waiting to open the estate, which must happen before anyone can file.
Assuming every close relative is a statutory survivor. Many are not.
Giving statements to an insurer in the first weeks, when nobody is in a position to.
Letting the two years run while the criminal case plays out. They are separate.

Frequently asked questions about Florida wrongful death

There is a criminal case against the driver. Do we wait for it?

No. The civil claim is separate, has its own two-year deadline, and does not depend on the outcome of the prosecution.

A conviction can help, but waiting for one can run the civil deadline out entirely.

My brother died and he had no spouse or children. Can I bring a claim?

It depends on the statutory categories and on whether anyone was dependent on him for support. Siblings are not automatically survivors under the Act.

Someone still has to be appointed personal representative to bring the action, and the estate itself may have recoverable damages even where survivor recovery is limited.

05 Related matters

The full list is on the personal injury page.

Tell Jose what happened

A free review of your wrongful death case, with no obligation, and no fee and no costs unless there is a recovery. English or Spanish, whichever you would rather use. You speak with Jose A. Dapena directly at every stage, not with an intake department — and if there is no claim worth bringing, he will tell you that.

Miami (305) 662-4323 Homestead (786) 900-0184 Tampa (813) 930-5422