Florida’s Wrongful Death Act gives surviving family members and a decedent’s estate the right to recover compensation when a fatal accident results from another party’s fault. A March 2023 reform now bars any recovery when the decedent is found more than 50 percent responsible, which makes the first decisions in a wrongful death case more important than they used to be. Fort Lauderdale wrongful death attorney Bradley Winston and the team at Winston Law Firm have represented grieving Florida families since 1989.
Who Can File and Who Can Recover Under the Wrongful Death Act
Under Florida law only, the court-appointed representative managing the deceased person’s estate may file a Florida wrongful death lawsuit. Family members cannot file directly, even if they are the primary beneficiaries. Section 768.18(1) defines “survivors” as the following:
- The decedent’s surviving spouse.
- The decedent’s children, including adult children in non-medical-malpractice cases.
- The decedent’s parents can recover when the decedent was a minor or when there are no other survivors.
- Blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services.
Section 768.18(2) defines “minor children” as children under 25, which is broader than most people expect. Our Fort Lauderdale wrongful death lawyer identifies every eligible survivor early, so the complaint properly allocates damages among all beneficiaries.
Survivor Damages vs. Estate Damages
Florida splits wrongful death damages into two categories. Survivor damages compensate family members directly, whereas estate damages pass through the estate and are subject to creditors’ claims. Potential damages include:
Survivor damages
Lost support and services, loss of companionship and protection for a surviving spouse, loss of parental companionship and guidance for minor children, and mental pain and suffering for spouses, minor children, and parents of deceased minor children.
Estate damages
Lost earnings from the time of injury to death, loss of the wealth the deceased person would likely have built over their lifetime, and medical or funeral expenses paid by the estate.
Under § 768.21(8), these mental pain and suffering recoveries do not apply to adult children or parents of adult children in medical malpractice cases.
Florida’s Two-Year Statute of Limitations
In Florida, wrongful death claims must be filed within two years of the decedent’s death. Missing this deadline almost always extinguishes the claim forever. Narrow exceptions exist for murder or manslaughter claims and cases against government entities, which carry their own notice and timing rules. Our Florida wrongful death attorney files well before the two-year mark to preserve evidence and witnesses.
How HB 837’s Modified Comparative Fault Rule Affects Recovery
Florida’s comparative fault law changed on March 24, 2023, when HB 837 took effect. Florida now applies a 50 percent bar. If the deceased person is found more than 50 percent responsible, survivors recover nothing. If the deceased is 50 percent or less at fault, damages are reduced proportionally. Medical malpractice cases are exempt. Our wrongful death attorney builds every negligence case with this threshold in mind, because defense counsel will work hard to push fault above that line.
Common Wrongful Death Cases Winston Law Firm Handles
We handle wrongful death claims arising from:
- Car, truck, motorcycle, and pedestrian crashes
- Defective products
- Premises liability (injuries or deaths caused by unsafe conditions on someone else’s property)
- Cases involving bars or restaurants that served alcohol to someone who then caused a fatal accident
- Medical malpractice
- Nursing home neglect
Notable firm results include a $14 million settlement in a defective motor home case with a fatal fuel tank failure, a $6.15 million wrongful death settlement involving alcohol liability, and a $2.85 million electrocution wrongful death settlement. Our Florida wrongful death lawyer pursues every case on a contingency fee basis, so families pay nothing unless we recover.
Talk to a Fort Lauderdale Wrongful Death Lawyer Before the Two-Year Deadline Passes
The two-year statute of limitations and the modified comparative fault rule make early action critical, even when stepping into a lawyer’s office is the last thing a grieving family wants to do. At Winston Law Firm, Bradley Winston brings more than three decades of trial experience, Florida Bar Board Certification in Civil Trial Law (a distinction held by only seven percent of eligible members), an AV Preeminent rating from Martindale-Hubbell, and lifetime membership in the Million Dollar Advocates Forum to every wrongful death case. Call or contact us online for a free, confidential consultation.
