Florida Wrongful Death Claims: Who Can Sue and What Damages Are Available?

When a person dies due to the negligence, recklessness, or intentional misconduct of another party, Florida law allows surviving family members to pursue a wrongful death claim. These cases are among the most emotionally difficult and legally complex in personal injury law. Bechert & Associates, P.A. handles wrongful death cases throughout Broward County and South Florida with the sensitivity and expertise your family deserves.

Florida's Wrongful Death Act: The Legal Framework

Florida's Wrongful Death Act (Florida Statutes §768.16–768.26) creates a separate cause of action for death caused by another's wrongful act, negligence, default, or breach of contract. The claim must be brought by the personal representative of the deceased's estate on behalf of the survivors — it is not a personal claim by individual family members.

Who Are 'Survivors' Under Florida Law?

Florida defines survivors as the deceased's spouse, children, parents, and blood relatives or adoptive siblings who were at least partially dependent on the deceased. Each category of survivor is entitled to different types of compensation — for example, minor children have broader recovery rights than adult children in most circumstances.

What Damages Are Available in a Florida Wrongful Death Case?

Recoverable damages include the survivor's mental pain and suffering, loss of the deceased's companionship and protection, loss of support and services, medical and funeral expenses, and the estate's lost net accumulations (future earnings the deceased would have saved). Florida sets a 2-year statute of limitations for wrongful death claims — acting quickly is critical to preserving evidence and your legal rights.

Compassionate Wrongful Death Representation in South Florida

Bechert & Associates, P.A. understands that no legal settlement can replace your loved one. But holding negligent parties accountable can provide financial security and a measure of justice for your family. Our Pompano Beach personal injury attorneys serve clients throughout Broward County and South Florida. Call us today for a compassionate, no-obligation consultation.