Legally Reviewed by Frank Marsalisi on August 25, 2026
Under Florida law, a wrongful death claim must be filed by the deceased person’s personal representative, not directly by family members, even though the recovery is ultimately distributed to the surviving spouse, children, parents, and other qualifying relatives.
Losing a loved one in a fatal accident can cause many different emotions, including grief, anger, and confusion. Sometimes, the responsible party or their insurance company may attempt to offer an inadequate amount of money to account for their negligence, and you and your family deserve more than what they are willing to offer. Not only are you dealing with the absence of an important person in your life, but you may also face financial hardship from the loss, particularly if that person was a primary provider for your household. At Marsalisi Law, we help families across Pinellas County and the greater Tampa Bay area understand their options before accepting any settlement from a responsible party.
Who Can File a Wrongful Death Claim in Florida?
Florida has specific rules for handling and filing a wrongful death claim. Most residents are unsure how to handle the situation and whether they should speak with a lawyer before taking any legal action. While some states allow a deceased person’s relatives to file a wrongful death lawsuit directly, Florida law requires a personal representative, also known as an executor, to file the claim on behalf of the estate and the survivors.
A personal representative is either named in a will or estate plan during the person’s life, or a judge may appoint one if the deceased left no will or estate plan. Personal representatives act on behalf of the deceased and must identify the estate, any surviving family members, and all potential beneficiaries when filing the claim.
Who Qualifies as a Survivor Under Florida’s Wrongful Death Act
Florida’s Wrongful Death Act identifies specific categories of survivors who may recover through the claim. These generally include the deceased person’s surviving spouse, children, and parents. In some cases, other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support may also qualify. Whether you or another individual is appointed as the personal representative, seeking legal advice from an experienced attorney is essential to help pursue the best possible outcome for the estate and survivors.
Damages You May Recover in a Florida Wrongful Death Claim
No amount of compensation can replace the loss you suffer, but a successful claim may help address the financial weight of the loss and provide resources to move forward. Pursuing a claim may also hold the negligent party accountable and help prevent similar harm to others. Every case is unique, but examples of damages that may be available in a wrongful death claim include:
- Funeral and burial expenses
- Loss of companionship, protection, and guidance
- Financial support the deceased would have provided
- Medical expenses the deceased incurred before death
- Mental pain and suffering experienced by qualifying survivors
- Loss of the deceased’s earning capacity and services to the estate
The categories of damages available, and who may recover them, depend on the survivor’s relationship to the deceased and the specific facts of the case.
How Comparative Negligence Can Affect a Wrongful Death Claim
Florida applies a modified comparative negligence standard to wrongful death claims. If the deceased is found to share some responsibility for the accident, the total recovery may be reduced by that percentage of fault, and recovery may be barred entirely if the deceased is found more than fifty percent responsible. Insurance companies frequently attempt to assign fault to the deceased early in a claim, which is one reason a thorough investigation into the crash matters so much.
Florida’s Statute of Limitations for Wrongful Death Claims
Like other lawsuits, a court sets a specific amount of time for filing a wrongful death claim, known as the statute of limitations. Florida’s statute of limitations for most wrongful death claims is two years from the date of the person’s death. If the personal representative does not file a lawsuit within that period, the family may lose the ability to pursue justice and compensation for their loved one’s death. Our broader guide to Florida’s two-year statute of limitations covers how this deadline can apply in related injury and fatality cases.
Common Causes of Fatal Accidents in Florida
Wrongful death claims can arise from many types of incidents, including car, motorcycle, and commercial truck collisions, premises hazards, and defective products. Crashes involving large commercial vehicles, such as tanker trucks, can be especially severe given the size and weight differences involved. Identifying exactly what caused the fatal accident, and which parties may be responsible, is one of the first steps a personal representative and their attorney take when building a wrongful death case.
Partner With a Compassionate Florida Wrongful Death Lawyer
One of the hardest challenges someone can face is losing a family member in a wrongful death accident. Marsalisi Law understands how difficult the process can be and stays by your side every step of the way. Known by our community and peers as a devoted and responsive firm, you can trust our team to focus on the details that matter most to your claim. We speak English and Spanish, so we can communicate in your preferred language throughout your consultation and case.
You and your loved one deserve justice. Schedule a free consultation with Attorney Frank P. Marsalisi by completing our contact form. Marsalisi Law is Where Law Gets Personal!
Frequently Asked Questions About Wrongful Death Claims in Florida
Can a sibling file a wrongful death claim in Florida?
Only the personal representative of the estate can file the claim, though a sibling may qualify to recover damages as a survivor in limited circumstances, such as when they were partly dependent on the deceased for support.
What happens if the deceased did not leave a will?
A probate court can appoint a personal representative when there is no will. That representative then has the authority to file the wrongful death claim on behalf of the estate and survivors.
Is a wrongful death claim the same as a criminal case?
No. A wrongful death claim is a civil case seeking compensation for the survivors, separate from any criminal charges the state may or may not pursue against the at-fault party.
How is a wrongful death settlement divided among survivors?
Distribution depends on the survivors’ relationship to the deceased and the categories of damages each qualifies for under Florida’s Wrongful Death Act. An attorney can help explain how a specific settlement or verdict would likely be allocated.
How long does a personal representative have to file a wrongful death claim?
Florida generally requires a wrongful death lawsuit to be filed within two years of the date of death. Missing this deadline can permanently bar the family’s ability to recover compensation.
About the Attorney
Founder, Marsalisi Law
Frank P. Marsalisi is a bilingual trial lawyer and St. Petersburg native who founded Marsalisi Law to represent families across the Tampa Bay area after wrongful death, motorcycle, and car accidents. He holds a Bachelor of Arts in Criminology from the University of Florida and a Juris Doctor from the University of Pittsburgh School of Law, and has been a member of the Florida Bar since 2008.
