If you have lost a loved one due to someone else’s negligence in Florida, understanding your legal rights is a critical first step toward justice. This guide covers Florida’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. Florida’s wrongful death laws underwent significant changes in 2023, particularly in the area of medical malpractice, making experienced legal guidance more important than ever.
Florida Wrongful Death Laws
The Florida Wrongful Death Act
Florida’s wrongful death law is governed by Florida Statutes §§ 768.16 through 768.26. The statute requires a Personal Representative to file on behalf of the estate and statutory beneficiaries.
Who Can File
The Personal Representative of the deceased’s estate files the lawsuit on behalf of the statutory beneficiaries, which include the surviving spouse, children, and parents of the deceased.
Statute of Limitations
Florida imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Florida allows recovery for lost support and services, loss of companionship, mental pain and suffering, and funeral expenses. General wrongful death damages are not subject to statutory caps. Medical malpractice wrongful death cases were significantly affected by the 2023 legislative reform, which eliminated the ability of adult children and parents to recover non-economic damages when a patient dies from medical negligence.
The 2023 Medical Malpractice Reform
The 2023 Florida law represents one of the most significant changes to wrongful death in the state’s recent history. Under the new framework, adult children and parents lost the right to recover non-economic damages in medical malpractice wrongful death cases. This reform is still being litigated and challenged in Florida courts. Families affected by a medical malpractice death should consult with a specialist immediately to understand how this law applies to their specific situation.
Survival Action
Florida maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Florida
1. Searcy Denney Scarola Barnhart & Shipley, P.A.
Location: West Palm Beach & Tallahassee, FL
Phone: (800) 780-8607
Website: https://searcylaw.com
This firm is Florida’s premier medical malpractice and catastrophic injury firm. With the restrictive 2023 medical malpractice laws regarding adult children and parents, having a firm that knows exactly how to identify alternative theories of liability and maximize remaining allowable economic damages is vital. They have secured billions for clients in Florida and have the depth of experience to navigate the 2023 reform’s complex and still-evolving legal landscape.
2. Morgan & Morgan
Location: Orlando, FL (Headquarters, with offices statewide and nationally)
Phone: (877) 448-7350
Website: https://forthepeople.com
The largest personal injury firm in America. In Florida, their resources are virtually limitless. If a wrongful death involves a massive trucking company, a negligent corporation, or a multi-vehicle collision, they have the capital to out-spend and out-litigate the biggest insurance defense firms in the state. Their statewide network of offices ensures rapid response across all Florida jurisdictions.
3. Farah & Farah
Location: Jacksonville, FL (Offices throughout FL)
Phone: (877) 245-6707
Website: https://farahandfarah.com
Because Florida requires a Personal Representative to act on behalf of the specific statutory beneficiaries, their estate-planning partners quickly set up the legal structures needed to file the suit and lock in evidence before the strict 2-year deadline expires. They are a highly responsive firm with deep statewide reach and strong relationships in Florida courts.
Frequently Asked Questions
How did Florida’s 2023 law change wrongful death rights in medical malpractice cases?
Before 2023, adult children and parents could recover non-economic damages such as loss of companionship when a family member died due to medical negligence. The 2023 reform eliminated these rights for adult children and parents in medical malpractice wrongful death cases. The law is currently being challenged in Florida courts, and its full scope continues to evolve. If your loved one died due to medical negligence, consulting an experienced Florida medical malpractice attorney is essential to understand exactly what rights apply to your case given its specific facts and timing.
Are there caps on general wrongful death damages in Florida?
No. For wrongful death claims not involving medical malpractice – such as fatal auto accidents, premises liability, or commercial trucking – Florida imposes no caps on damages. Families may pursue full compensation for lost support, companionship, and mental anguish without statutory limitation.
Who are the statutory beneficiaries in a Florida wrongful death case?
Florida’s statutory beneficiaries include the surviving spouse, minor children, adult children (subject to the 2023 limitations in med mal cases), and parents. The Personal Representative files on behalf of all eligible beneficiaries.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death. Preserve all evidence. Do not speak with the responsible party’s insurance company before consulting an attorney.
Closing
Florida’s wrongful death landscape is in a period of significant change, particularly for medical malpractice cases. The firms listed above have the experience and resources to navigate these evolving legal standards. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.