Florida Wrongful Death Lawyers

Who Files a Florida Wrongful Death Lawsuit?

Under section 768.20, Florida Statutes, the estate’s personal representative brings the lawsuit for eligible survivors and the estate. A family relationship alone does not authorize each relative to file a separate wrongful death action. If an estate has not been opened, that is an issue to address early rather than a reason to postpone the first conversation.

Eligible Survivors and Available Damages

Florida’s survivor definitions and damages rules are detailed. A spouse, children, parents, and certain dependent relatives may qualify, but the available categories of recovery differ. Under section 768.21, a case may involve lost support and services, qualifying companionship or mental-pain losses, medical and funeral expenses, and certain estate losses. Not every category is available to every relative, and medical-negligence cases have additional restrictions.

The first review should identify the family relationships, financial support, services the deceased provided, and who paid relevant expenses. Avoid assuming that an online settlement figure predicts the value of your family’s claim.

Information That Helps a Family Begin

• The date and location of the incident and any report or investigation number.
• The deceased’s name and the family contact’s relationship to them.
• Information about a will, estate, or appointed personal representative, if available.
• Names of potential witnesses and businesses or vehicles involved.
• Medical, funeral, insurance, and employment records already available.

You do not need to gather everything before contacting the firm. A family member can begin with the facts they know and the questions that are causing concern.

Investigation, Insurance, and the Family’s Next Steps

Depending on the event, an investigation may involve crash reconstruction, property records, surveillance footage, medical records, company records, or expert review. A criminal investigation and a civil claim serve different purposes. Do not assume that waiting for a criminal case will preserve civil evidence or extend a filing deadline.

Florida wrongful death actions generally have a two-year limitations period under section 95.11, with exceptions and special rules. The precise deadline and any notice requirements should be reviewed promptly.

Can I contact the firm before a personal representative is appointed?

Yes. The initial conversation can identify what estate information is available and what procedural questions need attention. Authority to pursue or resolve the claim still needs to be established.

Will the family have to go to trial?

Some claims resolve through negotiation; others require litigation. The decision depends on responsibility, evidence, coverage, supported damages, and the positions of the parties.

What should I do with an insurer’s settlement paperwork?

Keep a copy and have it reviewed before signing. A release may affect the estate or survivors’ rights even if the full extent of the losses is not yet clear.

Get to Know the Team Before You Call

Burns & Favors at Purely Legal offers free injury case reviews. You can read about Reshad D. Favors and Erica G. Burns, and review the firm’s published case results. Past results do not determine the outcome of another case.

For a first conversation, bring the incident date and location, any report number, insurer letters, and the records you already have. Request a free case review or call 833-778-7359.