In Florida, a family does not file a wrongful death lawsuit. Instead, one person does. The personal representative of the estate files a single case on behalf of everyone involved, and this case generally has to be filed within two years of the death.
One Case, Brought for Every Survivor
Under section 768.20 of the Florida Statutes, the personal representative recovers damages on behalf of the survivors and the estate. Usually, a will names that person. Otherwise, the probate court appoints one.
Florida’s definition of a “survivor” includes:
- The spouse
- Children
- Parents
- Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services.
One detail surprises families. Here, “minor children” means children under 25.
What Survivors Can Recover
Section 768.21 outlines the damages, and each claim is dependent on the relationship:
- Lost support and services: Any survivor can claim past and future support. “Services” refers to household work that the family now needs to pay for, such as childcare or home repairs.
- A surviving spouse can recover from lost companionship and protection, as well as mental pain and suffering.
- Children under 25 can recover from lost parental companionship, instruction and guidance, as well as their own pain and suffering. Without a surviving spouse, all children are eligible, regardless of their age.
- Parents of a minor child can recover from mental pain and suffering. Parents of an adult child can only do so if there are no other survivors.
- Medical or funeral bills are paid out of pocket by survivors.
What the Estate Recovers
The estate has separate claims. It can recover earnings lost between the injury and death, plus medical or funeral expenses incurred by the estate. In some cases, it can also claim “net assets,” meaning what the deceased person would likely have accumulated and left behind during their lifetime. This claim generally requires surviving spouses or lineal descendants, with some exceptions for surviving parents.
Estate awards are subject to valid creditor claims. This is one reason why the split between survivors’ damages and estate damages is important.
Florida’s “Free Kill” Rule Doesn’t Apply to Car Crashes
Families researching online often come across section 768.21(8), which bars adult children and parents from recovering pain and suffering damages in medical negligence cases. However, the Florida House passed HB 6003 in January 2026 to repeal this restriction. Despite this, the restriction still remains in the Florida Statutes for 2026.
A fatal car accident is not a medical negligence claim. Adult children of an unmarried parent who were killed by a careless driver can still pursue compensation for those damages. If there was a medical error that contributed to the death after the crash, the analysis becomes more complicated.
Fault and Insurance Can Change the Outcome
Florida’s modified comparative negligence rule applies to wrongful death too. If the person who dies is found to be more than 50% at fault, their family will recover nothing. Below that level, the award will be reduced by that percentage. Insurance companies know that the person who has died cannot tell their side of the story.
Two more points are worth noting in most cases:
- Florida PIP coverage provides a death benefit that is paid regardless of who is at fault. This is separate from a wrongful death claim.
- If the at-fault driver was intoxicated or acted with gross negligence, the family may be able to pursue punitive damages. However, they must first show the court a reasonable basis for the claim before it can be added to the case.
The Two-Year Deadline Is Shorter Than It Sounds
Florida’s statute of limitations gives families two years to file a wrongful death action. Do not wait for a criminal case to finish. Vehicle data, video and witness memories may be gone long before the verdict.
Talk to Hutch Firm Before You Speak With the Insurer
Your family has one chance and one claim to get it right. Hutch Firm builds cases of wrongful death on medicine, science of the crash, and evidence, then challenges “experts” hired by the defense to minimize what your family has lost. Our experience in large defense firms means we know delay tactics used by insurers, and we do not let them push families to settle for less than what they are owed.
Hutch Firm handles investigations, negotiations, litigation, and trials. We are here to help you with your family’s legal matters. Contact us today for a confidential consultation.