The short answer: In Florida, a wrongful death claim is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members. The lawsuit must generally be filed within two years of the death. Eligible survivors — typically the spouse, children, and parents — can recover for lost support, lost companionship, and mental pain and suffering, while the estate can recover lost earnings and medical and funeral expenses. And despite what many families have heard about Florida’s so-called “free kill” law, that restriction applies only to medical malpractice deaths — it does not limit wrongful death claims from car accidents or other negligence.
Losing a family member is the hardest thing most people will ever face. This guide explains, in plain terms, how Florida’s Wrongful Death Act works so your family can make informed decisions during an impossible time.
Who actually files the lawsuit
Under Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26), the claim is not filed individually by each grieving relative. Instead, one person — the personal representative of the estate — brings a single lawsuit that recovers damages for all eligible survivors and for the estate itself.
The personal representative is usually named in the will; if there is no will, the court appoints one (often the surviving spouse or an adult child). This structure matters practically: families should coordinate early, because everyone’s recovery flows through one case.
Who counts as a “survivor”
Florida law defines survivors as the deceased person’s:
- Spouse
- Children — and note that Florida treats children under 25 as “minor children” for wrongful death purposes, which affects what they can recover
- Parents
- Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services
Which survivors can recover which damages depends on the family structure — one of the reasons wrongful death cases benefit from careful legal analysis at the outset.
The deadline: two years
Most Florida wrongful death lawsuits must be filed within two years of the date of death. This deadline has long been two years — it isn’t a product of the 2023 tort reform that shortened ordinary injury claims (though the same law’s fault rules do apply, more on that below). A few narrow exceptions can pause or extend the clock, but no family should count on one. Evidence in fatal crash cases — vehicle data, roadway evidence, witness memories — degrades quickly, and the strongest cases are built early.
What families can recover
Florida separates wrongful death damages into two categories:
Survivors’ damages may include:
- The value of lost support and services the deceased provided, past and future
- The surviving spouse’s loss of companionship and protection, plus mental pain and suffering
- Minor children’s (under 25) loss of parental companionship, instruction, and guidance, plus mental pain and suffering — and adult children may recover these damages when there is no surviving spouse
- Parents’ mental pain and suffering for the loss of a minor child (and, in some circumstances, an adult child)
- Medical and funeral expenses any survivor paid
The estate’s damages may include:
- Lost earnings of the deceased from the date of injury to death
- Lost prospective net accumulations — what the estate reasonably would have been worth had the person lived
- Medical and funeral expenses paid by the estate
About Florida’s “free kill” law — and why it likely doesn’t apply to your case
Many Northwest Florida families have heard of Florida’s so-called “free kill” law and fear it blocks their claim. Here is what it actually is: a single provision, § 768.21(8), that bars adult children (25 and older) and parents of adult children from recovering pain-and-suffering damages only when the death was caused by medical malpractice.
Two important points:
- It does not apply to car accidents, truck crashes, motorcycle wrecks, drunk driving deaths, defective products, or premises negligence. If your loved one died in a crash, the ordinary Wrongful Death Act rules above apply in full.
- It is still in effect in 2026. The Legislature passed a repeal in 2025, but the Governor vetoed it; a renewed repeal effort passed the Florida House in the 2026 session but did not pass the Senate. Because this area of law is actively contested and could change, families with a potential medical-negligence death should get current legal advice rather than assume the answer either way.
How fault affects a wrongful death recovery
Florida’s modified comparative negligence rule applies to wrongful death claims arising from crashes. If the deceased is found partly at fault, the family’s recovery is reduced by that percentage — and if the deceased is found more than 50% at fault, recovery is barred entirely. This is why insurance companies in fatal-crash cases work hard to shift blame onto the person who can no longer speak for themselves, and why a prompt, thorough investigation matters so much.
A note for families near the Alabama line
For our clients in Mobile and Baldwin counties: Alabama’s wrongful death law is completely different from Florida’s. Alabama allows only punitive damages — meant to punish the wrongdoer rather than compensate measured losses — and applies its own procedures and two-year deadline. Which state’s law governs generally depends on where the death-causing incident occurred. Attorneys licensed in both states can tell you exactly which framework applies. (See our guide on how Alabama and Florida car accident law differ.)
Frequently asked questions
Can siblings file a wrongful death claim in Florida?
Only through the personal representative’s single lawsuit, and only if they qualify as survivors — for siblings, that generally requires showing they were partly or wholly dependent on the deceased for support or services.
Is there a deadline to file a Florida wrongful death lawsuit?
Yes — generally two years from the date of death. Limited exceptions exist, but they are narrow. Speak with an attorney well before the deadline; strong cases take months to build properly.
Does Florida’s “free kill” law prevent my family from suing over a fatal car accident?
No. That law applies only to deaths caused by medical malpractice. Deaths caused by negligent drivers, defective vehicles, or dangerous property are governed by the ordinary Wrongful Death Act, under which eligible survivors can pursue the full range of damages.
Dean & Camper Injury Lawyers represent families in wrongful death cases throughout Pensacola, Northwest Florida, and Alabama’s Mobile and Baldwin counties. We handle these cases with the care they deserve — consultations are free, 24/7, and we charge no fee unless we win. This article is general information about Florida and Alabama law as of 2026, not legal advice; wrongful death law involves case-specific analysis, so please speak with an attorney about your family’s situation. See also our wrongful death practice page.