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Wrongful death in Florida

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Death

    A person died.

  2. 2

    Wrongful act

    The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.

  3. 3

    Survivors

    The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.

  4. 4

    Damages

    The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.

Burden of proof

Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.

A Florida fact pattern

A 54-year-old welder in Cape Coral dies after a jobsite fall through an unguarded roof opening. His spouse and adult children are the statutory survivors. The estate still has to prove the general contractor’s negligence. Funeral costs, lost support, and companionship are on the table; Florida’s wrongful-death statute, not common-law grief, decides who can recover what.

Statute of limitations

2 years

Fla. Stat. § 95.11(5)(e)

Generally from the date of death.

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