Wrongful death in Florida
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Death
A person died.
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
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
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.
- Distinct from the decedent’s underlying injury clock.