Who Can Sue for Wrongful Death in Florida?
Gregg Hollander | September 8, 2026 | Wrongful death
A death can leave several family members with questions, but Florida allows only one person to bring the wrongful death lawsuit. That distinction is central to understanding who can sue for wrongful death in Florida.
The personal representative is the one who files the case, while the surviving spouse, children, parents, and certain dependent relatives may be the people who can recover compensation for the death.
Identifying the personal representative early can affect how quickly a wrongful death case moves forward. The estate may need to be opened and the representative formally appointed before the lawsuit can proceed. At the same time, evidence from a fatal car or truck crash, a medical malpractice case, or other negligent act may need to be promptly preserved, including electronic data, medical records, surveillance footage, and witness accounts.
Hollander Law Firm handles serious wrongful death cases in which liability, causation, and damages require extensive investigation and calculation. Gregg Hollander has practiced law for 30 years and brings that experience to cases involving catastrophic crashes, medical malpractice, and other preventable deaths.
We help families determine who has authority to act, whose rights must be protected, and what evidence is needed to establish a legally supportable wrongful death claim.
Please don’t hesitate to call (561) 347-7770 or submit our brief online form today for a free consultation.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law requires the deceased person’s personal representative to bring the wrongful death lawsuit. A surviving spouse, child, or parent generally does not file a separate lawsuit in their own name. The personal representative brings one action for the benefit of all qualifying survivors and the deceased person’s estate. The complaint must identify the potential beneficiaries and state their relationships to the deceased.
The personal representative may also be a survivor. For example, a surviving spouse might be appointed personal representative and also have an individual claim for damages. Those are separate legal roles. As personal representative, the spouse prosecutes the wrongful death action. As a survivor, the spouse may be entitled to damages available specifically to them under Florida law.
How Is the Personal Representative Chosen?
The probate court appoints the personal representative. If the deceased person left a will naming someone to serve, that person generally receives first preference, assuming they are legally qualified. The representative’s duties and powers formally begin upon appointment.
If there is no will, Florida law sets an order of preference. The surviving spouse comes first. If no spouse is willing and qualified to serve, preference generally goes to the person selected by a majority in interest of the heirs, followed by the heir nearest in degree. If multiple people at the same level are qualified for appointment, the court may select the person it considers best qualified.
Who Benefits from the Wrongful Death Lawsuit?
A separate consideration from knowing who can sue for wrongful death in Florida is who can benefit from the lawsuit.
The Florida wrongful death statute defines “survivors” to include:
- The deceased person’s spouse,
- The deceased person’s children,
- The deceased person’s parents,
- Blood relatives who were partly or wholly dependent on the deceased for support or services, and
- Adoptive brothers and sisters who were partly or wholly dependent on the deceased for support or services.
Qualifying as a survivor does not mean that everyone can recover the same damages.
Florida law ties particular categories of compensation to the survivor’s relationship with the deceased person:
- Lost support and services. Each survivor may recover the value of support and services lost between the injury and death, as well as qualifying future losses. The analysis may consider the survivor’s relationship with the deceased, the income the deceased likely would have contributed, the value of services the deceased provided, and the expected duration of those losses.
- Surviving spouse. A spouse may recover for the loss of companionship and protection as well as mental pain and suffering.
- Children. Minor children may recover for lost parental companionship, instruction, and guidance, and for mental pain and suffering. If there is no surviving spouse, these damages may be available to all of the deceased person’s children.
- Parents. Each parent of a deceased minor child may recover for mental pain and suffering. Parents of an adult child may recover these damages when there are no other survivors.
- Medical and funeral expenses. A survivor who paid medical or funeral expenses related to the injury or death may recover those amounts.
Different rules apply to wrongful death claims involving medical negligence: Adult children generally cannot recover the damages described above for the death of a parent, and parents cannot recover these damages for the death of an adult child.
These distinctions matter because two wrongful death cases involving similar deaths can produce very different damages depending on the deceased person’s family structure, financial contributions, and the relationships affected by the loss.
Why Should I Choose Hollander Law Firm?
Wrongful death cases can involve substantial financial exposure, complex evidence, and defendants with experienced legal teams. Gregg Hollander brings over three decades of litigation experience to evaluating and pursuing these claims, including cases involving medical malpractice, commercial vehicles, and other catastrophic events.
Preserve Evidence That May Not Be Available Later
Some of the most useful evidence has a limited lifespan. Gregg can act early to identify and preserve materials such as surveillance footage, electronic vehicle data, electronic logging device records, dispatch communications, medical records, and other electronically stored information.
Preserving that evidence can prevent an important part of the case from disappearing before the family even knows it exists.
Determine Who Should Be Held Responsible
A fatal event may involve responsibility beyond the person whose conduct is most obvious. Gregg examines the relationships among the people and organizations involved.
A trucking case, for example, may raise questions about the driver, motor carrier, maintenance provider, or another company involved in operating the vehicle. A medical malpractice case may require examining the conduct of several physicians, nurses, hospital departments, or healthcare entities.
Identifying the proper defendants affects available insurance coverage, the evidence that must be obtained, and how the case should be litigated.
Build the Damages Around the Actual Family
Wrongful death damages are personal to the people who survived. Gregg looks at what the deceased person contributed financially and practically to the household, who depended on that support, and how Florida law treats each survivor’s relationship to the deceased.
That may require employment records, tax information, evidence of household services, financial analysis, and testimony about the relationships affected by the death. The objective is to document the family’s losses with evidence rather than broad descriptions.
FAQs
Do I Need a Wrongful Death Lawyer?
A Florida wrongful death case is usually difficult to handle without an attorney because the personal representative is pursuing one action that may include claims for the estate and several surviving family members. At the same time, the defendant, insurer, hospital, trucking company, or other responsible party may already have lawyers investigating the death and preparing defenses.
A wrongful death lawyer can:
- Investigate what caused the death and who may be responsible;
- Preserve records, electronic data, physical evidence, and witness testimony;
- Identify the survivors whose losses may be included in the claim;
- Determine which damages are available to the estate and each survivor;
- Work with medical, accident reconstruction, financial, and other specialists when necessary;
- Respond to arguments that the defendant did not cause the death or that the claimed losses are overstated; and
- Negotiate with insurers and defendants and take the case to court when appropriate.
Legal representation becomes especially important when causation is disputed, several defendants may share responsibility, or the death involves medical malpractice, a commercial truck crash, or another factually complex event.
What If the Wrongdoer Dies Before or During the Pending Action?
The wrongful death claim generally does not disappear because the person accused of causing the death also dies. Florida law specifically provides that the wrongdoer’s personal representative becomes the defendant when the wrongdoer dies before or while the action is pending.
How Much Does It Cost to Hire a Wrongful Death Attorney in Florida?
Wrongful death cases are commonly handled under contingency fee agreements.
Florida regulates these agreements closely. A contingency fee agreement must be in writing and explain how the attorney’s fee will be calculated, including how litigation costs are handled. The applicable percentage can depend on the stage and circumstances of the case. You should know the exact fee arrangement and responsibility for case expenses before signing the agreement.
Hollander Law Firm offers a free initial consultation, giving your family an opportunity to discuss the circumstances of the death and the potential case before deciding how to proceed.
Pursue Accountability with Hollander Law Firm
No amount of money can bring back someone you love or restore what your family has lost. A wrongful death claim can still provide a way to hold the responsible party accountable and address the financial and personal consequences of the death.
Hollander Law Firm helps families understand who can file a wrongful death lawsuit in Florida, which survivors may recover damages, and how the case should be structured from the beginning. Gregg Hollander can then focus on proving what caused the death, identifying all responsible parties, preserving critical evidence, and presenting the full extent of the family’s losses.
If your family has lost someone because of medical malpractice, a serious crash, or another wrongful act, contact us online or call (561) 347-7770 today for a free consultation about your legal options.
Legal References Used to Inform This Page
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