Who is a "survivor" under Florida law?

The Act defines survivors specifically, and the definition governs who may recover.

Generally included: the surviving spouse; children; parents; and adoptive siblings or other blood relatives who were partly or wholly dependent on the decedent for support or services.

Why the definitions matter more than they should. Recovery depends on the statutory category a person falls into, and on the circumstances — including, for some categories, the age of the decedent or of the survivor. A long-term unmarried partner is generally not a survivor. A stepchild who was never adopted may not be.

The medical negligence exception. Florida law bars certain survivors from recovering non-economic damages in wrongful death claims arising from medical negligence. That provision — discussed in the damages answer — has drawn sustained criticism and repeal efforts, and it remains law.

What to do. Identify every possible survivor early. The personal representative must account for all of them, and omitting someone creates problems later.