Pensacola Wrongful Death Attorney
Quick Answer
Under the Florida Wrongful Death Act, a claim is brought by the personal representative of the estate on behalf of the estate and statutory survivors. Recoverable losses include lost support and services, loss of companionship, mental pain and suffering, medical and funeral expenses, and lost future earnings. The deadline is generally two years from the date of death.
Key Takeaways
- Only the personal representative may file; survivors are listed within that action.
- Damages differ by survivor category — spouse, minor child, adult child, and parent.
- The two-year deadline runs from the date of death, not the date of injury.
Who May Recover
Florida Statutes Chapter 768 defines survivors as the decedent's spouse, children, parents, and certain blood relatives or adoptive siblings who were dependent on the decedent for support or services. The personal representative files one action identifying each survivor and their individual losses.
Estate damages include lost earnings from the date of injury to death, lost net accumulations, and medical and funeral expenses paid by the estate.
Proving the Underlying Negligence
A wrongful death case still requires proof that a negligent or wrongful act caused the death — a crash, a fall, a defective product, a preventable safety failure. Investigation frequently proceeds alongside a law enforcement or medical examiner review, and independent expert analysis is often necessary.
Handling the Case With Care
Families do not need to manage carriers, estate paperwork, and record requests while grieving. Probate coordination to appoint a personal representative, survivor identification, and lien resolution are handled as part of the representation.