Loune-Djenia Askew, Esq
Jul 25, 2025
When a person dies because of someone else’s negligence—such as in a car accident, medical malpractice, or another serious incident—their family may be able to seek justice through a wrongful death lawsuit.
When a person dies because of someone else’s negligence—such as in a car accident, medical malpractice, or another serious incident—their family may be able to seek justice through a wrongful death lawsuit. In Florida, these cases are governed by Florida Statutes § 768.16–768.26, which outline who can file the claim and what damages may be recovered.
Who Can File a Wrongful Death Claim?
In Florida, the lawsuit must be filed by the personal representative (PR) of the deceased person’s estate. This individual is usually named in the deceased’s will or appointed by the court if no will exists. While the personal representative handles the legal case, the compensation is meant for the benefit of the deceased’s survivors.
Who Can Receive Compensation?
The law allows certain individuals to receive damages from a wrongful death lawsuit, including:
The surviving spouse
Children of the deceased
Parents, especially if the deceased was a minor or provided support
Other relatives or dependents who were financially supported by the deceased
What Damages Can Be Recovered?
Wrongful death claims in Florida may include both economic and emotional losses. Some examples of damages that may be awarded are:
Medical expenses related to the injury or illness before death
Funeral and burial costs
Loss of support and services that the deceased provided
Mental pain and suffering of surviving family members
Why This Matters
A wrongful death lawsuit not only seeks compensation but also holds the responsible party accountable. These claims can provide much-needed financial relief and emotional closure for families going through a difficult time.
If you have lost a loved one due to another’s negligence, you don’t have to face it alone. Legal help can guide you through the process of filing a wrongful death claim and making sure your family’s rights are protected.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.