About Florida’s Wrongful Death Statute

The Purpose of a Wrongful Death Lawsuit

Wrongful death claims are fundamentally different from typical personal injury cases. In a personal injury claim, the injured individual seeks compensation for the harm they personally endured. However, when a loved one loses their life due to the negligence or misconduct of another, they are no longer able to advocate for themselves.

That’s where Florida’s wrongful death statute comes in. It allows surviving family members, such as spouses, children, and parents, to file a wrongful death lawsuit to recover compensation for the emotional, financial, and practical losses they have suffered as a result of their loved one’s untimely death.

Our wrongful death lawyers in Jacksonville work closely with families to help them understand their rights, determine eligibility for compensation, and build a compelling case for the damages they are entitled to. These may include funeral expenses, loss of future income and benefits, loss of companionship and support, and emotional suffering.

Who May File a Wrongful Death Lawsuit in Florida

When a wrongful death occurs in Florida, the law allows surviving family members to seek financial compensation from the person, business, or government agency responsible for the death. Eligible family members may include the decedent’s spouse, children, parents, and other relatives who were financially or emotionally dependent on the deceased.

Florida’s wrongful death statute also permits multiple qualifying family members to file claims against the same liable party. For example, if a father’s death was caused by an intoxicated delivery truck driver, both his spouse and his child could pursue compensation from the driver as well as the delivery company that employed them.

At McGRATH GIBSON LAW, our wrongful death lawyers in Jacksonville understand how to navigate the complex web of liability and damages in these emotionally challenging cases. We help clients identify all responsible parties, calculate the full extent of their losses, and fight for the maximum compensation available under Florida law.

What Damages Can Be Claimed in a Wrongful Death Lawsuit in Florida

Under Florida law, eligible survivors of a wrongful death, such as spouses, children, parents, or other financially dependent relatives may seek compensation for a wide range of losses caused by the death of their loved one. These claims are designed to ease the financial burden and emotional suffering caused by someone else’s negligence or misconduct.

Our wrongful death lawyers in Jacksonville help families recover damages such as:

• • Loss of Support and Services: Compensation for the financial support, household services, and assistance the decedent provided prior to their passing, as well as the estimated value of future contributions.
  • Loss of Companionship and Protection: Spouses may seek damages for the emotional and relational loss of companionship, affection, and protection they received from the deceased.
  • Mental Pain and Suffering: Surviving family members—especially spouses and children—may be entitled to compensation for the emotional trauma and psychological anguish caused by the untimely death.
  • Lost Parental Guidance: Minor children can recover damages for the loss of parental companionship, guidance, and instruction.
  • Medical and Funeral Expenses: Any medical costs incurred prior to the decedent’s death, along with funeral and burial expenses, can be claimed by the estate or family.
  • Punitive Damages: If the death was caused by gross negligence, reckless behavior, or intentional misconduct (such as drunk driving or corporate negligence), the court may award punitive damages to punish the wrongdoer and deter similar future conduct.

At McGRATH GIBSON LAW, our wrongful death lawyers in Jacksonville are deeply experienced in pursuing full and fair compensation for surviving families. We build strong cases backed by evidence, expert testimony, and a compassionate understanding of the devastating losses our clients have endured.

Is There a Statute of Limitations for a Wrongful Death Lawsuit in Florida

Yes. Under Florida law, a wrongful death lawsuit must typically be filed within two years from the date of the decedent’s death. This legal deadline is known as the statute of limitations, and failing to file within this time frame can permanently bar surviving family members from seeking compensation through the courts.

In some cases, this statute may be extended by up to 90 days by filing a formal request for an extension with the court. However, extensions are not guaranteed, and the burden of proof lies on the petitioner to show valid reasons for the delay.

Because wrongful death cases involve the collection of sensitive documentation, such as death certificates, police reports, medical records, and witness statements, timely action is critical. The longer you wait, the more difficult it can become to gather essential evidence and accurately reconstruct the circumstances that caused your loved one’s death.

At McGRATH GIBSON LAW, our wrongful death lawyers in Jacksonville urge surviving family members to contact us as soon as possible. We offer free initial consultations and require no out-of-pocket costs for our representation. Our team will move quickly to preserve evidence, identify liable parties, and file all necessary documents within the statutory window to protect your rights and pursue the full compensation you deserve.

Prosecution by The State of Florida Does Not Prevent You from Filing a Wrongful Death Lawsuit

In Florida, criminal prosecution and civil wrongful death lawsuits are two separate legal processes, and one does not prevent the other from taking place. If a person, business, or government agency is criminally prosecuted by the State of Florida for causing someone’s death, whether through reckless driving, medical negligence, violent crime, or another form of misconduct, the victim’s surviving family members may still file a wrongful death lawsuit in civil court.

Criminal charges are pursued by the state to penalize unlawful conduct, often resulting in fines, probation, or incarceration. Civil wrongful death lawsuits, on the other hand, are pursued by surviving family members seeking financial compensation for the emotional and economic losses they’ve suffered due to their loved one’s wrongful death.

Even if the at-fault party is acquitted or never charged criminally, a civil lawsuit can still move forward. The burden of proof in a civil case is lower than in a criminal trial, meaning that you can still recover compensation even if a criminal conviction is not secured.

Our wrongful death lawyers in Jacksonville understand how to navigate both civil and criminal court systems and can guide you through your options regardless of what is happening in the criminal case. We will ensure that your rights are protected and that all responsible parties are held accountable to the fullest extent of the law.

If you’ve lost a loved one due to negligence or misconduct, call our wrongful death lawyers in Jacksonville at (904) 358-3300 for a free consultation. We charge no upfront costs, and you pay nothing unless we win your case.

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