If your loved one died because of someone else’s negligence, wrongful act, or carelessness you may have the right to bring a wrongful death claim in Florida under the Florida Wrongful Death Act. Speaking with an experienced Florida wrongful death lawyer early in the process can help you understand your rights and the steps needed to protect your family’s claim.

Under Florida law, the Wrongful Death Act provides a cause of action when a person’s death is caused by another’s wrongful act, negligent conduct, default, or breach of contract or warranty, including accidents on land or water. If the decedent would have had a viable personal injury claim had they survived, the surviving family (and estate) may pursue damages under the Act.

To bring a wrongful death lawsuit the decedent’s estate must be opened and a personal representative appointed (often named in the will or appointed by a court if no will exists). The personal representative brings the claim on behalf of the decedent’s estate and the decedent’s survivors.

The law defines which family members qualify as “survivors.” Eligible survivors typically include the decedent’s spouse, children, parents, and in some cases other blood relatives or adoptive siblings who depended on the decedent for support or services.

Minor children are defined under the Statutes as children under 25 years of age.

Adult children may recover certain damages only if there is no surviving spouse. Parents may recover only if there is no surviving spouse or children. In limited circumstances, other dependent relatives may qualify if they were partly or wholly dependent on the decedent for support or services.

Under the Wrongful Death Act surviving family members may recover for loss of support and services from the date of the injury until death, and future loss of support and services (reduced to present value). A surviving spouse may be awarded damages for loss of companionship and protection, and mental pain and suffering. Minor children (and in some cases adult children) may recover for loss of parental companionship, instruction, and guidance, along with mental pain and suffering. Parents of a deceased minor child may also seek damages for mental pain and suffering.

Medical expenses and funeral or burial costs paid by a survivor may also be recovered.

Separately, the decedent’s estate may recover for loss of earnings from the time of injury to death, plus prospective net accumulations the decedent likely would have earned and saved over their expected lifetime (after taxes, personal expenses, and support obligations).

A wrongful death claim is not the same as a personal injury lawsuit. Once a victim dies, any existing personal injury case abates under Florida law, it cannot survive the death. The Wrongful Death Act replaces that with a statutory action that recognizes the losses suffered by survivors and the estate.

Proving a wrongful death case requires showing that the underlying act (negligence or wrongful act) met all the elements of a personal injury claim: duty, breach, causation, and damages - and that those acts caused death.

If you lost a loved one due to someone else’s negligence, you should contact a lawyer experienced in wrongful death claims as soon as possible. The lawyer can help open the estate, identify all potential survivors under the law, preserve evidence, and seek the full range of damages allowed under the statute. Timing matters because death-related claims must be filed within specific statutory deadlines under Florida law.

When the emotional burden and legal technicalities are too heavy, having an experienced attorney handle your wrongful death claim can make a meaningful difference.

Losing a loved one is devastating, and families often feel overwhelmed by the emotional and financial aftermath. The Law Office of Todd C. Passman approaches every wrongful death case with the level of care and focus it deserves. We understand the specific requirements of the Florida Wrongful Death Act and how to build a claim that reflects the full scope of your loss.

You receive personal attention from the moment we begin working together. We take the time to understand your relationship with your loved one, the circumstances that led to the tragedy, and the ways the loss has affected your family. Each case is prepared with the expectation that it may go to trial, which means your claim is supported by evidence, expert analysis, and a clear legal strategy.

We also keep communication open and straightforward. Families dealing with grief do not need unnecessary confusion. You will always know where your case stands and what steps come next. Our goal is to shoulder the legal burden so you can focus on healing and supporting those around you.

If your family lost someone because another person acted carelessly or wrongfully, you do not need to face the legal process alone. A consultation is an opportunity to discuss what happened, what rights may be available under Florida law, and how we can help you pursue justice for your loved one.

It is important to speak with a lawyer as soon as possible. Wrongful death claims in Florida are subject to strict deadlines, and key evidence can fade with time. Early action helps protect your rights and strengthens your case.

Please contact us at (772) 465-9806 for a free consultation. We are here to answer your questions, explain your options, and guide your family through every stage of the process with the respect and support you deserve.