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Florida’s Wrongful Death Act
When someone is killed by another party’s negligence in Florida, the claim is governed by the Florida Wrongful Death Act. It is a specific statutory scheme rather than an ordinary injury claim continued by the family, and its rules surprise people at almost every step.
The most immediate is who may file. The claim is brought by the personal representative of the deceased person’s estate — not by family members individually. The personal representative is named in a will or appointed by a court, and they bring a single action on behalf of the estate and all eligible survivors.
That structure means a grieving spouse or parent generally cannot simply file their own lawsuit. The estate must be opened first, which is an additional step at the worst possible time, and one reason families are encouraged to get advice early even when litigation is the last thing on their minds.
Who May Recover
The Act defines “survivors” who may recover through the personal representative’s action. These generally include:
- The surviving spouse
- Children — with the treatment of adult children differing from that of minor children in some circumstances
- Parents — with the position of parents of an adult child treated differently from parents of a minor
- Blood relatives and adoptive siblings partly or wholly dependent on the deceased for support or services
- The estate itself, for certain categories of loss
The distinctions here are genuinely technical, and they have changed over time. Whether a particular family member may recover, and for what, depends on their relationship, their dependency, and the circumstances of the death. This is one of the areas where general information is least reliable and specific advice matters most.
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
What May Be Recovered
Florida separates what survivors may recover from what the estate may recover:
| Category | Who may recover |
|---|---|
| Loss of support and services | Survivors — the financial support and household services the deceased provided, projected forward |
| Loss of companionship and protection | The surviving spouse; and for minor children, loss of parental companionship, instruction, and guidance |
| Mental pain and suffering | Available to certain survivors depending on their relationship to the deceased and the circumstances |
| Medical and funeral expenses | Recoverable by whoever paid them, whether a survivor or the estate |
| Lost earnings and net accumulations | The estate — earnings lost from the date of injury to death, and in some circumstances the value of what the deceased would have accumulated |
| Loss of parental companionship | Minor children, and in defined circumstances adult children |
Florida’s comparative negligence rule applies here as it does to injury claims. Under Fla. Stat. § 768.81, any fault assigned to the deceased person reduces the recovery proportionally, and bars it entirely above 50%. Carriers raise this in fatal cases as readily as in any other, which is why establishing the truck-side causes matters even when the outcome seems self-evident.
What any particular claim may recover depends on the family structure, the deceased person’s age and earnings, the fault evidence, and the insurance available. No source can responsibly attach a figure to a case it has not reviewed.
The estate usually has to be opened before anything else can happen.
Shiner Law Group offers free case reviews for Florida families who have lost someone in a truck crash — 24/7, no fee unless you win.
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Why Truck Wrongful Death Cases Differ
Two features distinguish these claims from other fatal accident cases.
The first is evidence urgency. A wrongful death claim depends on proving how the crash happened, and the electronic evidence that does so — engine control module data, electronic logging records, telematics, camera footage — sits on systems the motor carrier controls and is overwritten on cycles measured in weeks. That timeline does not pause for a funeral. A preservation demand often needs to be sent while a family is still making arrangements, which is why families are urged to get advice quickly even when nothing else can be faced yet.
The second is the number of responsible parties. Fatal truck crashes frequently involve the driver, the motor carrier, the trailer owner, a shipper, a broker, a maintenance contractor, and sometimes a manufacturer — each with separate insurance. Because federal minimums attach to the carrier, identifying every responsible party is often what determines whether meaningful recovery is available at all. See Who Is Liable.
What Families Should Do
- Obtain the crash report number and, once available, the report itself. Florida reports are confidential for 60 days to those involved.
- Preserve everything you already have — photographs, the deceased person’s phone, clothing, and any personal effects returned to you.
- Do not authorize repair or disposal of the vehicle until it has been examined.
- Get legal advice quickly, so a preservation demand reaches the carrier before electronic data is overwritten.
- Begin the process of opening the estate and appointing a personal representative, since no claim can proceed without one.
- Keep records of expenses — medical, funeral, and burial.
- Decline recorded statements and early settlement discussions with any carrier’s insurer.
- Note the deadline. Most Florida wrongful death actions must be brought within two years.
For the broader post-crash sequence, see What to Do After a Truck Accident.