When someone is killed in a car crash, their family faces grief and, often, practical and financial shocks at the same time. Florida law gives certain relatives a way to seek compensation through a wrongful death claim. This is a general outline, not legal advice; families should speak to a qualified Florida lawyer.
The Wrongful Death Act
Florida's Wrongful Death Act, in sections 768.16 to 768.26 of the Florida Statutes, allows a claim where a death is caused by the wrongful act, negligence or default of another person or company, in circumstances where the person who died could have sued had they survived.
Who brings the claim. The case is brought by the personal representative of the deceased person's estate, on behalf of the estate and the survivors.
Who counts as a survivor. The surviving spouse, children, parents and, in some circumstances, other relatives who were partly or wholly dependent on the deceased.
What can be recovered. Depending on the relationship, survivors may recover the value of lost support and services, loss of companionship and protection, and mental pain and suffering. The estate may recover lost earnings, medical and funeral expenses. Florida law limits some of these categories for adult children and parents of adult children in medical negligence cases.
Deadlines
A wrongful death action generally has to be filed within two years of the death. Missing the deadline usually ends the claim, so families should not wait for criminal proceedings to finish before getting advice.
The 2023 changes
In March 2023 Florida enacted House Bill 837, a major tort reform law. Among other things it:
- shortened the deadline for general negligence claims from four years to two (wrongful death was already two years);
- replaced pure comparative negligence with a modified system, under which a claimant found more than 50% at fault for their own harm generally recovers nothing.
Insurance and criminal cases
Florida is a no-fault state for car insurance, and personal injury protection (PIP) pays a limited death benefit regardless of fault. A criminal prosecution of a driver, for example for vehicular homicide or DUI manslaughter, is separate from a civil claim and does not itself compensate the family.
Getting help
Victims' services offices in Florida's state attorney offices can help families follow a criminal case. For a civil claim, the Florida Bar runs a lawyer referral service.