Fowkes & Hasanbasic represents Florida families in wrongful-death claims arising from fatal vehicle crashes, unsafe property conditions, and other negligence. These cases require careful attention to who may bring the action, which survivors may recover damages, and the evidence needed to establish responsibility for the death.
Reviewed for legal accuracy by Ryan C. Hasanbasic, Florida Bar No. 44119 | Updated August 28, 2026
Personal Injury › Wrongful Death
Contents
Who May Bring a Florida Wrongful-Death Claim?
Under Florida’s Wrongful Death Act, the decedent’s personal representative brings the action on behalf of the estate and eligible survivors. The complaint identifies the survivors and their relationship to the decedent. The recoverable damages depend on the applicable statute and each survivor’s circumstances. See Florida Statutes section 768.20.
Claims That May Lead to a Wrongful-Death Action
- Commercial-truck, car, motorcycle, pedestrian, and bicycle crashes
- Drunk-driving and distracted-driving collisions
- Dangerous-property and negligent-security incidents
- Defective products and equipment
- Other negligent or wrongful acts causing death
What Damages May Be Recoverable?
Florida law identifies damages that may be available to survivors and the estate. Depending on the facts and the survivor’s relationship to the decedent, damages may include lost support and services, loss of companionship and protection, mental pain and suffering, medical or funeral expenses, lost earnings, and other estate losses. See Florida Statutes section 768.21.
Evidence in a Fatal-Injury Case
The liability investigation may involve crash data, photographs, video, witness statements, vehicle records, corporate safety materials, maintenance records, toxicology evidence, electronic communications, and expert analysis. The damages investigation may require employment and financial records, evidence of household services, medical and funeral records, and testimony explaining the relationships between the decedent and survivors.
How Long Do You Have to File?
A Florida wrongful-death action is generally subject to a two-year limitations period, but the correct deadline depends on the cause of death, the potential defendants, and other circumstances. Claims involving a governmental entity or another specialized defendant may involve additional notice requirements. Families should obtain a case-specific deadline analysis promptly.
Florida Wrongful-Death Questions
Is a wrongful-death claim the same as a criminal case?
No. A wrongful-death action is a civil claim seeking legally recoverable damages. It is separate from any criminal prosecution, and a civil case applies different legal standards.
Do all family members recover the same damages?
No. Florida law defines “survivors” and specifies which categories of damages may be recovered based on the person’s relationship to the decedent and the circumstances.
What if several companies contributed to the death?
The evidence may support claims against more than one person or company. A complete investigation should identify each potentially responsible party and the insurance coverage that may apply.
Fatal incidents may arise from commercial-truck crashes, car accidents, motorcycle accidents, or unsafe conditions addressed through a premises-liability claim.
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Contact Fowkes & Hasanbasic to discuss what happened, the available evidence, and the legal options that may apply.