No amount of money can replace a person. But Florida law recognizes that a sudden death causes real losses for the people left behind. Lost income, lost care and deep grief can change a family’s life. The Florida Wrongful Death Act lists the damages that can be recovered. At Padron & Lopez-Trigo, P.A., here is how the law treats surviving family members wrongful death Florida claims.
Key Takeaways
- Here is how the law treats surviving family members wrongful death Florida claims.
- Under section 768.18 of the Florida Statutes, survivors include the decedent’s spouse, children and parents.
- A surviving spouse may also recover for loss of the decedent’s companionship and protection.
- Minor children may recover for lost parental companionship, instruction and guidance, and for mental pain and suffering.
- Each parent of a deceased minor child may recover for mental pain and suffering.
Who Are the Survivors?
Under section 768.18 of the Florida Statutes, survivors include the decedent’s spouse, children and parents. Blood relatives and adopted brothers and sisters can be survivors too. They must have relied on the decedent, in part or in full, for support or services. The personal representative brings the claim for all of them.
What Can Every Survivor Recover?
Under section 768.21, each survivor may recover the value of lost support and services. This covers losses from the injury to the death. It also covers future losses, reduced to present value.
When looking at these losses, the law lets the court consider:
- The survivor’s relationship to the decedent
- The decedent’s likely net income available to that survivor
- The replacement value of the decedent’s services
Services can include childcare, household help and other things the decedent did for the family.
What Can a Surviving Spouse Recover?
A surviving spouse may also recover for loss of the decedent’s companionship and protection. The spouse may also recover for mental pain and suffering from the date of injury.
What Can Children Recover?
Minor children may recover for lost parental companionship, instruction and guidance, and for mental pain and suffering. Under Florida’s wrongful death law, a minor child means a child under 25. If there is no surviving spouse, all children may recover these damages. Age does not matter then.
What Can Parents Recover?
Each parent of a deceased minor child may recover for mental pain and suffering. Each parent of an adult child may recover for mental pain and suffering only if there are no other survivors.
Who Can Recover Medical and Funeral Costs?
A survivor who paid medical or funeral expenses caused by the injury or death may recover them. If the estate paid those costs, the personal representative may recover them for the estate.
What Can the Estate Recover?
The personal representative may also recover for the estate:
- The decedent’s lost earnings from injury to death, minus lost support of survivors
- In some cases, the loss of prospective net accumulations of the estate
- Medical or funeral expenses charged to the estate
Awards to the estate can be subject to valid creditor claims.
Who | Damages that may be available |
Every survivor | Lost support and services |
Surviving spouse | Companionship, protection, pain and suffering |
Minor children | Companionship, guidance, pain and suffering |
All children, if no spouse | Same as minor children |
Parents | Pain and suffering, with limits for adult children |
Estate | Lost earnings, net accumulations, certain expenses |
Are There Limits in Medical Negligence Cases?
Yes. Under section 768.21(8), adult children cannot recover for lost companionship and pain and suffering in medical negligence cases. Parents of an adult child also cannot recover for pain and suffering in those cases.
How Does Fault Affect Recovery?
Since 2023, Florida uses modified comparative negligence. In most negligence cases, a claimant found more than 50 percent at fault for their own harm cannot recover. In a wrongful death case, the fault of the person who died can affect the family’s recovery. This rule does not apply to medical negligence claims. A lawyer can explain how fault may affect your family’s case.
How Are Damages Proven?
Families often use pay records, tax returns, bills and testimony to show losses. For pain and suffering, the story of the relationship matters. Photos, letters and witnesses can help show who the person was.
Steps Families Can Take
- Keep pay stubs and tax returns.
- Save all medical and funeral bills.
- Write down what the decedent did for the family.
- Keep photos and records of family life.
- Talk with a lawyer before speaking to insurers.
A Simple Way to Track Losses
Start a folder. Put every bill in it. Add the funeral bill. Add hospital bills. Add pay stubs from your loved one. Add tax returns. Write down the chores they did. Did they cook? Did they drive the kids? Did they fix things at home? Those are services. They have value. Write down how life has changed. Keep a short journal. Note hard days. Note missed events. This record can help show real loss. It also helps your lawyer explain your family’s story.
Questions to Ask a Lawyer
- Which damages fit our family?
- Do the children count as minors under the law?
- What records should we gather?
- How does fault affect our case?
Common Mistakes to Avoid
- Accepting a quick settlement offer
- Forgetting to count household services
- Assuming adult children have no claim
- Missing the two-year filing deadline
Get Answers for Your Family
Surviving family members wrongful death Florida claims follow detailed rules. Padron & Lopez-Trigo, P.A. focuses on personal injury and wrongful death cases and prepares each case for trial. Learn more about our wrongful death work. If you have questions after losing a loved one or suffering an injury, call Padron & Lopez-Trigo, P.A. at (305) 686-5570 or contact us online for a free case evaluation.
Frequently Asked Questions
Q: What can surviving family members recover in Florida?
A: Lost support and services, plus specific damages for spouses, children and parents.
Q: Can a spouse recover for pain and suffering?
A: Yes. A surviving spouse may recover for mental pain and suffering.
Q: Can adult children recover?
A: All children may recover certain damages if there is no surviving spouse, with limits in medical negligence cases.
Q: Who recovers funeral costs?
A: The person who paid them, or the estate if it paid.
Q: Does fault affect a wrongful death claim?
A: Yes. Fault can reduce recovery, and in most negligence cases more than 50 percent fault can bar it.