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Wrongful Death Claims in Florida: Understanding Your Legal Options After Losing a Loved One

Edge One
August 26, 2026
Attorney  ·  Clients  ·  Lawyer

Losing a family member because of someone else’s negligence is one of the hardest things a person can go through. On top of the grief, families are often left with funeral costs, lost income, and unanswered questions about what happened. Florida’s wrongful death law exists to help families in this situation seek accountability and financial support during an incredibly difficult time.

What Qualifies as a Wrongful Death Claim

A wrongful death claim can arise any time a person dies because of the negligence, recklessness, or intentional act of another party. In the Tampa Bay area, this often stems from car, truck, or motorcycle accidents, but it can also result from premises liability incidents, defective products, medical negligence, or criminal acts.

Who Can File a Wrongful Death Claim in Florida

Under Florida law, a wrongful death claim is filed by the personal representative of the deceased person’s estate, on behalf of the surviving family members who are entitled to recover damages. This typically includes a surviving spouse, children, and parents, and in some cases, other relatives who were financially dependent on the deceased.

What Damages Can Be Recovered

Florida’s wrongful death statute allows for several categories of compensation, including:

  • Medical and funeral expenses
  • Lost wages and lost future earnings the deceased would have provided
  • Loss of companionship, guidance, and support for surviving family members
  • Mental anguish suffered by surviving spouses and, in some cases, children
  • Loss of the value of services the deceased would have provided to the family

The Statute of Limitations

Florida generally requires wrongful death claims to be filed within two years of the date of death. While that may sound like a long time, building a strong case, gathering evidence, consulting experts, and negotiating with insurance companies, takes time. Waiting too long can weaken a case or eliminate the ability to file altogether.

Why Families Choose to Pursue a Claim

Beyond the financial support a wrongful death claim can provide, many families find that pursuing a claim brings a sense of accountability and closure. It can also uncover important facts about how and why the death occurred, which insurance companies and at-fault parties are rarely eager to volunteer on their own.

Compassionate Legal Support When You Need It Most

At Hartpence Law, we understand that no amount of compensation replaces a loved one. Our role is to handle the legal and financial fight so your family can focus on healing. If you’ve lost a loved one due to someone else’s negligence anywhere in the Tampa Bay area, contact Hartpence Law for a free, compassionate consultation.

This article is for informational purposes only and does not constitute legal advice. Every case is different, and you should speak with a licensed attorney about your specific situation.


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