Fla. Stat. § 768.19

Wrongful Death

When negligence takes a life, Florida’s Wrongful Death Act lets certain survivors recover. Here is who can bring the claim, what it covers, and how it’s structured.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

Who Can Recover

Under the Wrongful Death Act (§§ 768.16–768.26), the claim is brought by the personal representative of the deceased’s estate, but on behalf of the survivors and the estate.

The Governing Statute
Fla. Stat. § 768.19 — Florida Wrongful Death Act
"When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person … the person … that would have been liable in damages … shall be liable [for wrongful death]."
Read the full statute on Online Sunshine →

"Survivors" can include the spouse, children, parents, and certain blood relatives dependent on the deceased. Which survivors may recover — and for what — depends on their relationship and circumstances.

What’s Recoverable

Wrongful Death — Recoverable Damages
Survivors may recover: lost support and services, loss of companionship and protection, and mental pain and suffering (for certain survivors).

The estate may recover: lost earnings and net accumulations, and medical/funeral expenses paid by the estate.

The Deadline

A wrongful death action generally must be filed within two years of the death. Because building these cases takes time — and grief makes delay natural — early consultation matters. Note that wrongful death damages and standing rules are specific; not every family member can recover, and the categories are defined by statute.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Florida?
The personal representative of the deceased’s estate files the claim, on behalf of the survivors (such as a spouse, children, or parents) and the estate. Individual family members generally cannot sue on their own under §§ 768.16–768.26.
What can you recover in a Florida wrongful death case?
Survivors may recover lost support and services, loss of companionship, and mental pain and suffering (depending on the relationship). The estate may recover lost earnings, net accumulations, and medical and funeral expenses it paid.
What is the deadline for a wrongful death claim in Florida?
Generally two years from the date of death. Because these cases are complex and evidence must be gathered, it is important to consult an attorney well before the deadline.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 768.19 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.