FAQ
Wrongful Death & Survival Actions in Florida — FAQs
Question index — Wrongful Death & Survival Actions in Florida — FAQs
09 entries
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A wrongful death claim arises when someone dies due to negligence, medical malpractice, or wrongful conduct. Under Florida law, the claim is designed to compensate surviving family members for both financial and emotional losses.
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Significantly, Florida allows recovery for both economic and non-economic losses.
Surviving family members may recover:
- Loss of financial support and services;
- Loss of companionship, guidance, and protection;
- Mental pain and suffering;
- Medical and funeral expenses (depending on who paid them).
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No. Damages awarded for wrongful death are distributed directly to eligible survivors, not through the estate.
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Yes. Florida law specifically allows certain survivors to recover damages for mental pain and suffering, which is often one of the most significant parts of the case.
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A survival action is a claim that allows the estate to pursue losses the deceased person would have recovered if they had lived.
This includes claims for damages that occurred between the time of injury and death.
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The Estate may recover:
- Medical expenses incurred before death;
- Lost wages between injury and death;
- Other financial losses suffered before death.
Important: Florida law generally shifts recovery for pain and suffering away from the decedent and instead allows survivors to recover their own emotional damages in the wrongful death claim.
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Yes. Any recovery from a survival action becomes part of the Estate, and is distributed according to:
- The decedent’s will, or
- Florida intestacy law
These funds may also be subject to creditors or liens associated with the estate.
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In Florida, only the personal representative of the estate can file the lawsuit.
However, the claim is brought on behalf of surviving family members, including:
- Spouse;
- Children;
- Parents;
- Other dependent relatives.
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If you suspect negligence caused a loved one’s death, it is important to act quickly. These cases require:
- Immediate investigation
- Appointment of a personal representative
- Early evaluation of all available damages
Florida law also imposes a strict time limit for bringing these claims.
