Nothing is as devastating and life-altering as losing someone you love suddenly in a horrible accident, especially when their death could have been prevented. You’re probably looking for answers and wondering who is allowed to file a wrongful death lawsuit.
At Miller & Jacobs Injury Attorneys, we have seen firsthand the devastation that families face after the loss of a loved one from car accidents, unsafe conditions, and other avoidable tragedies caused by someone else’s negligence or recklessness.
We know that no amount of money can undo the pain and suffering or fill the void that comes with losing a loved one, but we believe that a wrongful death lawsuit can help provide families with the time and resources they need to heal and face the future.
What Is a Wrongful Death Lawsuit?
A legal action for justice and financial relief
A wrongful death lawsuit is a civil case. It gives surviving family members a legal way to hold someone accountable when their actions—or failure to act—result in a person’s death.
Unlike criminal charges, which are brought by the state and focus on punishment, wrongful death suits are brought by the decedent’s estate to recover money for family members left behind.
Wrongful death suits aren’t about putting a price on your loved one’s life. They’re about making sure those responsible are held accountable for the financial and emotional impact caused by their actions. These claims can give you some peace of mind and the support your family needs to move forward.
In Florida, wrongful death claims are common after:
- Car accidents (including DUI-related crashes)
- Falls or unsafe building conditions
- Fatal injuries on another person’s property
- Workplace incidents
- Violent acts or criminal behavior
- Dangerous products or mechanical failures
These lawsuits can be filed even if no criminal charges are brought, or if the person responsible was acquitted in court. That’s because the burden of proof in a civil case is lower. You only need to show that it’s more likely than not that the defendant’s actions caused the death.
Who Has the Right to File a Wrongful Death Lawsuit in Florida?
The role of the personal representative
All U.S. states have very specific laws about who can file a wrongful death lawsuit. In Florida, for example, you might be surprised to learn that individual family members cannot file on their own, even when the loss affects them deeply.
Instead, the person who brings the claim must be the personal representative of the deceased’s estate. This person may be named in the will or appointed by the court. Their job is to file the lawsuit and act on behalf of all the survivors who may be entitled to compensation.
Once the lawsuit is filed, the damages are divided among eligible survivors based on their relationship with the deceased and the nature of their loss.
Who can benefit from the lawsuit?
In most cases, the people who may receive compensation through the wrongful death lawsuit include:
- The spouse – The spouse is typically the primary beneficiary.
- Children – Both minor and adult children may qualify, depending on the circumstances.
- Parents – Parents can claim damages for the death of their child, especially if the deceased was a minor or provided financial support.
- Other blood relatives or adopted siblings – Others may be entitled to damages, but only if they were financially dependent on the deceased.
What the law is trying to determine is this: who was truly affected—financially or emotionally—by this person’s death? That’s why dependency, caregiving roles, and household dynamics matter when evaluating eligibility.
What If There Are No Immediate Family Members?
Understanding edge cases and eligibility
Sometimes, the deceased leaves behind no spouse, children, or dependent parents. In those situations, the court will look to other relatives or financial dependents who may have a legitimate claim. These individuals could include:
- Siblings who relied on the deceased for housing or daily care
- Grandparents or other close relatives involved in their life
- Adoptive family members with established financial ties
Who is not eligible?
Not everyone who loved the deceased qualifies to bring a claim. The law is clear that:
- Romantic partners who weren’t legally married generally cannot file
- Friends, roommates, or distant relatives are not eligible unless they meet the legal definition of financial dependence
This part of the law can feel harsh, especially if you were close to the person who died. But it’s designed to keep the process clear, consistent, and fair.
What Compensation Can Families Receive?
Making sense of the financial picture
No amount of money can replace your loved one. But financial compensation can help reduce the weight of the costs you're facing. Funeral expenses, medical bills, and lost income can add up fast and overwhelm you, and all of that falls on top of the emotional toll.
A wrongful death lawsuit can provide compensation for both economic and non-economic damages. You can seek compensation not just for bills and paychecks, but also for the loss of support, comfort, and guidance that person gave you:
- Medical expenses related to the injury or illness before death
- Funeral and burial costs
- Loss of income and future earnings
- Loss of benefits like health insurance or pensions
- Loss of companionship and parental guidance
- Mental and emotional suffering
The court may also award punitive damages if the person responsible acted with extreme recklessness or intentionally caused harm, although these cases are less common and require strong evidence. Punitive damages are intended to punish the at-fault party.
Common Situations That Lead to Wrongful Death Lawsuits
Real-world scenarios where legal action may apply
Wrongful death claims can stem from a wide variety of incidents. If you're unsure whether your loved one’s death qualifies, it may help to understand some of the most common causes:
- Traffic accidents – Collisions involving speeding, distracted driving, or driving under the influence are a leading cause of wrongful death in Florida.
- Unsafe property conditions – If a loved one fell or was fatally injured on a poorly maintained property—whether at a business, apartment complex, or even a parking garage—this could fall under premises liability.
- Worksite incidents – Construction zones and industrial environments are especially hazardous. While Florida wrongful death claims don’t usually include workers’ compensation cases, some situations may qualify if third-party negligence is involved.
- Violence or criminal behavior – Even if no criminal charges are filed, a civil case can move forward independently. A lack of reasonable security at a gas station, for example, could also trigger a wrongful death lawsuit against the property owner.
- Defective or dangerous products – Faulty equipment, unsafe auto parts, and hazardous household goods can all lead to fatal injuries.
If any of these apply to your family’s situation, or if you just aren’t sure, a consultation with a wrongful death attorney can help clarify your legal options.
Do I Need a Lawyer to File a Wrongful Death Claim?
The legal process is rarely simple
Before filing a wrongful death lawsuit, the first step you generally take is to file a wrongful death claim, usually against the negligent party’s insurance company. This claim is a demand for compensation.
But no matter how legitimate your demands are, insurance companies usually do everything in their power to minimize your damages, devalue your claim, or even deny it altogether. Sometimes, insurance limits are too low to adequately cover your damages. In these situations, filing a wrongful death lawsuit becomes necessary.
When you’re already coping with an unimaginable loss, dealing with legal paperwork, insurance companies, and court procedures makes everything even more difficult.
An experienced wrongful death attorney can take this burden off your shoulders. They will:
- Coordinate a thorough investigation of your loved one’s death
- Collect all the evidence needed to support your claim
- Identify all responsible parties and sources of compensation
- File all court documents accurately and on time
- Negotiate with insurance companies and other parties on your behalf
- File a wrongful death lawsuit and represent you at trial if needed
Having someone in your corner means you don’t have to manage the stress of legal deadlines, strategy, and advocacy alone. At Miller & Jacobs Injury Attorneys, we’ve helped many families across Florida, including those in Pompano Beach, Broward County, and beyond, secure meaningful compensation that helps them begin to heal.
Wrongful Death Claim FAQs
Is there a deadline for filing a wrongful death lawsuit?
The Statute of Limitations for Filing a Wrongful Death Lawsuit in Florida is two years from the date of death. Missing the deadline usually means losing your right to pursue compensation.
There are a few exceptions. For example, if the death was due to an intentional criminal act like murder or manslaughter, there’s no time limit for filing a civil lawsuit, even if no one was ever charged or convicted.
But exceptions are rare. Most families should assume that the two-year clock starts ticking immediately after the death occurs. This is why it’s critical to reach out to an attorney as soon as you feel ready to discuss your case.
How much does a wrongful death lawyer cost?
Most wrongful death attorneys work on a contingency fee basis. This allows everyone access to top-tier legal representation regardless of their financial situation. With a contingency approach, you won’t pay anything upfront or out of pocket. Your attorney only gets paid if your case is successful.
What if the deceased was partly at fault?
How shared fault for an accident is determined varies between states. Shared fault for an accident is a crucial part of determining damages in personal injury and wrongful death claims. Each state follows one of three models:
- Modified comparative negligence: This is the most common approach. A family can still recover damages if the deceased was partly at fault for the accident, as long as their fault falls below a certain percentage (either 50% or 51%, depending on the state). The damages will be reduced by the victim’s percentage of fault.
- Pure comparative negligence: The family can recover compensation if the deceased was any percentage at fault, and the same percentage of fault will reduce the damages.
- Pure contributory negligence: This is the rarest and strictest negligence model. It holds that the victim’s family may not recover damages if the deceased was any percent at fault.
Florida transitioned from a pure comparative negligence model to a modified comparative negligence model in March 2023 with the signing of House Bill 837. Now, family members can recover damages as long as the deceased was 50% or less at fault, with their damages reduced proportionately.
Can non-immediate family members file a wrongful death claim?
Usually, no. However, if you were financially dependent on the deceased or part of their household, it may be possible to receive a portion of any awarded damages.
Can compensation include future financial losses?
Yes. Survivors may be entitled to future lost wages, benefits, and other long-term financial contributions the deceased would have provided.
What happens if multiple family members want to file a claim?
Only the personal representative of the estate can file a claim. However, eligible survivors can still benefit from the lawsuit once it is filed.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks damages on behalf of surviving family members. A survival action, on the other hand, is filed on behalf of the deceased’s estate for damages they could have claimed if they had survived (such as medical bills before death). Florida allows both in certain situations.
Need to File a Wrongful Death Lawsuit in South Florida?
Our South Florida Wrongful Death Lawyers Can Help
The loss of a loved one changes everything. We know no amount of money can make that pain go away, but you still deserve accountability and support. If someone else’s carelessness caused your family member’s death, we want to help you understand your rights and fight for the compensation you deserve.
At Miller & Jacobs Injury Attorneys, we bring understanding, compassion, and years of hands-on experience to every wrongful death case we take. We have a long history of obtaining life-changing settlements and verdicts for all of our clients, including those coping with a wrongful death.
We serve families throughout Pompano Beach, Fort Lauderdale, Broward County, Palm Beach County, Tampa, Orlando, and the entire South Florida area. When you're ready, we’ll be here to listen—without pressure or obligation. Call us today at 877-848-5297 or contact us online to schedule a free consultation.