Wrongful Death Damages in Florida: What Compensation Is Available?

Losing a family member to someone else’s negligence devastates a family — financially, emotionally, and practically. Florida law gives the surviving family members and the estate of the deceased a framework to pursue compensation for what they have lost. Understanding what damages are available under the Florida Wrongful Death Act is an essential first step.

At HLM Injury Lawyers, Eric A. Hernandez has represented families throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and greater Broward County in wrongful death cases. He understands how to build the comprehensive damages case that these claims require.

Who Brings the Claim?

Under the Florida Wrongful Death Act, the personal representative of the decedent’s estate files the wrongful death lawsuit. The personal representative acts on behalf of both the estate and the surviving family members — called survivors — who are entitled to recover for their own losses. The personal representative may or may not be a family member, but the damages flow to the survivors and the estate as described below.

Damages Available to Survivors

Florida’s Wrongful Death Act identifies specific categories of survivors and the damages available to each.

Surviving Spouse

The surviving spouse may recover for:

• Loss of support and services: The economic value of support and household services the decedent provided, calculated from the date of death and projected into the future, reduced to present value.
• Loss of companionship and protection: Compensation for the loss of the decedent’s companionship and the protection they provided in the marriage.
• Mental pain and suffering: The emotional harm caused by the loss. This is a recognized element of damages for the surviving spouse.

Minor Children

Under the Act, a “minor child” is a child under 25. Minor children may recover for:

• Loss of parental companionship, instruction, and guidance: The value of the guidance, nurturing, and relationship that the parent would have provided as the child grew.
• Mental pain and suffering: Minor children may recover for the emotional anguish of losing a parent.
• Loss of support and services: The economic contributions the parent would have made to the child’s upbringing.

Adult Children

When there is no surviving spouse, adult children may also recover for loss of support and services in appropriate circumstances.

Parents of a Minor Decedent

When the deceased is a minor child, the parents may recover for mental pain and suffering. This is one of the most painful categories of wrongful death claim, and Florida law recognizes the profound loss parents experience.

Other Survivors

Other relatives who were partly or wholly dependent on the decedent for support or services may also have claims in appropriate circumstances.

Damages Available to the Estate

Beyond the survivors’ individual claims, the estate may recover:

• Medical and funeral expenses: Expenses for the care and treatment of the decedent between the date of injury and the date of death, as well as reasonable funeral and burial expenses.
• Lost net accumulations: The portion of the decedent’s projected earnings that — after estimated personal expenses — would have accumulated as part of the estate. This is essentially the future financial wealth the decedent would have built and passed on.

What Is Not Covered

Florida’s Wrongful Death Act does not permit recovery for the decedent’s own pre-death pain and suffering within the wrongful death claim itself — though a separate survival action may allow the estate to recover for the decedent’s conscious pain and suffering before death in appropriate cases. Whether both claims are available depends on the specific facts. An attorney can advise you on which theories apply to your situation.

Building the Full Damages Case

The damages available under the Florida Wrongful Death Act are not self-executing. Survivors do not automatically receive compensation simply because a claim exists — each category of damages must be developed, documented, and presented persuasively.

For economic damages such as lost support and services or lost net accumulations, that means working with financial and vocational experts to project what the decedent would have earned and contributed over their expected lifetime. For non-economic damages such as mental pain and suffering and loss of companionship, it means building a record of the relationship — through testimony, records, photographs, and the survivors’ own accounts — that lets a jury or an insurer understand what was truly lost.

An experienced wrongful death attorney leaves no recoverable category on the table. That comprehensive approach is the difference between a settlement that reflects the full value of the claim and one that does not.

No Caps on Most Wrongful Death Damages

Florida does not impose a general statutory cap on wrongful death damages in standard negligence cases. The damages recoverable depend on the specific facts: the decedent’s age, health, earning history and projected future earnings, relationship with each survivor, and the nature of the death.

Do not let an insurer or defense attorney minimize what your family’s loss is worth. Wrongful death cases involving high earners, parents of young children, or catastrophic negligence can involve substantial damages — and the defendant’s insurer knows that. The right attorney builds the damages case in full.

The Statute of Limitations

Florida’s statute of limitations for wrongful death claims is two years from the date of death. Miss this deadline and you will almost certainly lose the right to pursue the claim entirely. If you have lost a family member to someone else’s negligence, contact an attorney promptly.

Eric A. Hernandez: Trial-Ready Representation for Grieving Families

Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida and a former law clerk to Florida Supreme Court Chief Justice Charles T. Wells. He has more than 25 years of trial experience and approaches every wrongful death case with the thoroughness and advocacy that your family deserves.

He is bilingual in English and Spanish, and serves clients throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.

Contact HLM Injury Lawyers — Free Consultation

If you have lost a family member due to negligence, call HLM Injury Lawyers at (305) 842-2100 for a free, compassionate consultation. We handle wrongful death cases on a contingency basis — no fee unless we recover for you.

HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100