When someone you love dies because another person failed to act responsibly, the emotional damage is immeasurable, and the legal path can feel impossible. But you don’t have to accept injustice in silence. In Florida, filing a wrongful death claim isn’t just a formality; it’s your family’s opportunity to demand accountability, closure, and compensation for the pain.This guide isn’t generic. It’s direct, practical, and grounded in real Florida law. If you're considering legal action after a tragic loss, this is where your clarity begins. Let's walk through exactly what a claim involves and what it could mean for your future.
What is a wrongful death claim?
⚖️ Quick Answer: A wrongful death claim in Florida is a legal action filed by the personal representative of a deceased person’s estate, on behalf of surviving family members, when the death was caused by another party’s negligence or misconduct. Claims must be filed within 2 years and may involve compensation for both emotional and financial losses.When someone you love dies because of another person’s negligence — whether through carelessness, recklessness, or outright misconduct — the consequences are devastating. And while no legal action can undo that loss, a wrongful death claim gives families the opportunity to demand accountability, closure, and the compensation needed to start rebuilding.These cases aren’t just about financial recovery. They’re about making it clear that the loss was preventable — and that someone must answer for it. As the CDC and NHTSA report, preventable deaths remain alarmingly common in the U.S., especially from fatal car crashes, medical negligence, and unsafe premises.Under Florida law, wrongful death claims follow a specific structure: only certain family members can file, strict deadlines apply, and the damages awarded must meet legal standards. Whether your case involves a fatal accident on the road, a fall on dangerous property, or a medical error, what matters is this: if someone else caused the death, your family has the right to take action — and you should.At its core, a wrongful death claim isn’t about punishment. It’s about relief — emotional, legal, and financial. It shifts the weight of the tragedy away from the grieving family and places it where it belongs: on the party responsible.
Wrongful Death Claim vs. Wrongful Death Lawsuit
Let’s clear something up early: a claim and a lawsuit are related, but not interchangeable.A claim usually starts outside the courtroom. It involves gathering evidence, working with a lawyer, and presenting a case, often to an insurance company, to negotiate a settlement. If that negotiation fails or if the other side refuses to play fair, the next step is the court. That’s when your claim becomes a lawsuit.Florida’s wrongful death law connects both steps in a single legal process. But there’s a major difference between the two: once you file a lawsuit, you’re on the record, timelines accelerate, and things get serious fast. If you’re at this stage and need to understand the full legal process ahead, explore our complete guide to filing a wrongful death lawsuit in Florida for a step-by-step breakdown.If your case does reach that stage, don’t panic. Many lawsuits still settle before trial, and if not, your legal team will be prepared to present your story in front of a judge or jury.
Step-by-Step: How to File a Wrongful Death Claim
Filing a wrongful death claim isn't just a legal process it’s a critical step in protecting your family’s future after a devastating loss. Every choice you make, from who you hire to how you build your case, can dramatically impact the outcome.This step-by-step guide walks you through the entire process under Florida law. No fluff. No legal jargon. Just what you need to do, and why each step matters.
Step 1 – Consult a Qualified Attorney
Let’s be blunt: you should not file a wrongful death case without an experienced wrongful death lawyer. These cases are emotionally taxing and legally complex. The nuances of the wrongful death statute Florida alone can trip up anyone who isn’t trained to interpret and apply it.A good attorney does more than file papers. They’ll evaluate the strength of your case, gather essential evidence, and handle every deadline so you don’t have to. Many offer free consultations; take advantage of that. Early legal advice can be the difference between winning a fair settlement and walking away empty-handed.
Step 2 – Appoint the Personal Representative
Only the personal representative of the deceased’s estate can legally file the wrongful death case in Florida. That’s not a choice, it’s the law.This person is often named in the will. If there’s no will, the court will appoint someone, usually the closest surviving relative. The representative becomes the legal point of contact for the estate, the court, and the survivors. They also manage the logistics of distributing compensation once the case resolves.The Florida wrongful death statute makes this process non-negotiable: one representative files on behalf of all survivors. Choose someone responsible, transparent, and ready to carry that legal weight.
Step 3 – Identify All Liable Parties
Don’t assume there’s only one person or entity responsible. One of the most strategic steps in a wrongful death claim is identifying everyone whose actions, or inaction, contributed to the death.This could include:
- A distracted or drunk driver.
- A business that failed to maintain safe conditions.
- A hospital or doctor is guilty of malpractice.
- A manufacturer that released a defective product, as outlined in several CPSC reports analyzing product-related deaths and injuries.
- A government agency that neglected public safety.
Florida law allows claims against multiple defendants, and sometimes, that’s necessary to pursue full compensation. Your legal team will investigate every possible avenue to hold all responsible parties accountable.
Step 4 – Build Your Evidence File
This part is critical. Your claim is only as strong as the evidence behind it.Think of your evidence file as the spine of your entire case. The stronger it is, the more leverage you have to negotiate, and the better your chances if you go to court. A solid case file includes:Evidence TypeExamplesMedical RecordsER reports, autopsy findings, and death certificatesPolice ReportsAccident reports, incident narrativesPhotos & VideosFrom the scene, including surveillance or traffic footageWitness StatementsEyewitnesses, bystanders, or first respondersExpert TestimonyMedical experts, accident reconstruction professionalsIn most cases, your lawyer will focus on proving wrongful death negligence, that someone breached a legal duty and directly caused the death. Without that connection, the case falls apart.
Step 5 – File the Formal Complaint
Once your case is ready, your attorney will file a formal complaint with the appropriate Florida civil court. This document outlines your legal argument, names the responsible parties, and lays out what damages you're seeking.This is where your wrongful death claim officially begins. It also signals to the other side, usually an insurance company, that you’re prepared to escalate things if necessary.The complaint must meet very specific formatting, filing, and service rules under Florida civil procedure. That’s another reason you want a seasoned attorney in your corner.
Step 6 – Pre-Trial Procedures and Negotiation in a Wrongful Death Claim
With the complaint filed, the legal process enters discovery, a phase where both sides exchange evidence, ask formal questions, and take sworn statements.This is also when settlement negotiations intensify. Most defendants are represented by insurance companies, and these insurers are known for one thing: minimizing payouts.Here’s what will shape how much compensation for wrongful death claims you’re offered:
- Strength of your evidence and clarity of fault.
- Financial documentation (lost wages, funeral costs, etc.).
- Emotional damages backed by expert reports.
- Number and status of legal beneficiaries.
If your lawyer has done the legwork, they’ll be in a strong position to demand a full and fair offer. And if the other side plays hardball, your team should be ready to pivot and take them to trial.
Step 7 – Going to Trial (If Necessary)
Most cases settle. But if the other side won’t offer what your family truly deserves, trial is the next step, and it’s one you should be ready for.In court, both sides present their case. Evidence is introduced. Witnesses testify. And a jury (or judge) decides if the defendant is liable, and how much they owe in damages.Trials are intense, emotional, and unpredictable. But when they’re necessary, they can be the most powerful tool for securing justice in a wrongful death claim. A well-prepared attorney will guide you through every moment and make sure your loved one’s story is heard and respected.
Who Can File After a Wrongful Death in Florida?
After a sudden, preventable death, families are often left heartbroken and uncertain. One of the first and most critical questions they ask is: Can I file a claim? Florida law doesn’t make it automatic. It draws very clear lines about who can and cannot step forward to file a wrongful death claim on behalf of a loved one.Missing this step or misidentifying the eligible party can derail your entire case before it even begins. Here’s what Florida law says about who has the legal right to act, and how to make sure your family’s claim doesn’t get lost in the process.
Eligible Family Members Under Florida Law
When people ask what a wrongful death claim is, what they typically really want to know is: Who benefits from it?Only a specific set of survivors is eligible to receive compensation after a wrongful death in Florida. The law doesn’t allow just anyone connected to the deceased to file or benefit from a claim. Here's who typically qualifies:
- The surviving spouse.
- Children (minor or adult, depending on dependency).
- Parents of a deceased minor child.
- Parents of an adult child, in some cases.
- Blood relatives or adoptive siblings who relied on the deceased for support.
A tragic incident that underscores the importance of dependency in wrongful death claims is the case of Tyre Sampson, a 14-year-old boy who fell to his death from an amusement park ride in Orlando, Florida. Tyre's parents filed a wrongful death lawsuit against the ride's operators and manufacturers, alleging negligence in the design and operation of the ride. Given Tyre's age and the profound emotional and financial impact of his loss on his parents, the court awarded them a substantial sum in damages. This case highlights how the courts consider the depth of the relationship and dependency when determining compensation in wrongful death cases. Here’s the key: survivor eligibility is strict, and mistakes in naming beneficiaries can delay your case or cut it off entirely. That’s why most families seek legal guidance early, before documents are filed.
The Role of the Personal Representative in a Florida Wrongful Death Claim
Here’s something most people don’t realize: even if you’re an eligible survivor, you can’t file the claim directly. Under the Florida wrongful death law, only one person is legally permitted to initiate the claim, the personal representative of the deceased’s estate.This individual is named in the decedent’s will, if one exists. If there’s no will, the court steps in to assign someone (usually a spouse or adult child). Their role is much more than ceremonial. The personal representative:
- Hires the legal team.
- Gathers documents and evidence.
- Identifies all legal beneficiaries.
- Files the actual claim on behalf of the estate.
- Helps distribute compensation fairly among survivors.
In every wrongful death case, the personal representative becomes the voice of the estate. They carry a legal duty to act in the best interest of all survivors, even if they are grieving and are set to receive part of the compensation.Florida courts take this role seriously. If the representative shows bias or favoritism, or fails to include eligible survivors, the court can intervene. That’s why this position requires not only legal responsibility, but also integrity and transparency.
What if There’s No Will or Estate Plan?
When there’s no will or no estate plan at all, the process doesn’t stop. It just gets more complicated.In these cases, the court appoints a personal representative. Typically, that’s a close relative, like a spouse or adult child. But if there’s disagreement within the family, or if no eligible relatives are available, the court may bring in a neutral third party, such as a fiduciary, to handle the legal process.That doesn’t mean the wrongful death claim is doomed. It just means things move a little slower.You’ll still need to open an estate, establish beneficiary rights, gather evidence, and prepare to file. A knowledgeable attorney becomes essential at this stage, not just to keep things on track, but to offer support and strategy when emotions are high and paperwork starts piling up.Even in these complex cases, filing is entirely possible. It just requires extra care, stronger coordination, and smart legal planning.
Florida Law on Wrongful Death: What You Need to Know
Every case of this kind in Florida rests on a single, unshakable foundation: the state’s wrongful death law. If you don’t understand what this law allows or what it restricts, you risk undermining your claim from day one.This isn’t just a technicality. Florida law lays out the rules for who can file, what can be recovered, and how long you have to act. Without this framework, families would be left to battle insurers and negligent parties in legal chaos. Fortunately, Florida gives you a legal roadmap, but only if you follow it closely.Let’s break down the core provisions that shape every wrongful death claim filed in the state.
Key Provisions of the Florida Wrongful Death Act
The Florida wrongful death act is spelled out in Florida Statutes § 768.16–768.26. It defines exactly how wrongful death cases must proceed, down to the fine print.Here’s what the statute says, in plain English:ProvisionSummaryThe claim must be filed byThe Personal Representative of the deceased’s estateEligible survivorsSpouse, children, parents, or other dependent relativesTypes of damages recoverableBoth economic (lost income, services) and non-economic (pain, companionship)Filing deadlineGenerally, within 2 years of the date of deathSpecial rulesEnhanced damages may apply in cases involving minors or financial dependentsThe most important takeaway? Only the personal representative can file. They act on behalf of all survivors, not just themselves. So even if you’re a spouse or child, your legal power comes through that representative.This structure helps avoid conflicting claims and ensures everyone is considered, but only if the rules are followed.
Statute of Limitations for Wrongful Death in Florida
Here’s where many families accidentally ruin their case: they miss the deadline.The Florida wrongful death statute of limitations gives you just two years from the date of death to file your claim. Miss that deadline by a single day, and your case is almost certainly over, no matter how valid or heartbreaking the circumstances.But there are exceptions:
- Medical malpractice deaths may involve additional statutes and investigation periods.
- If the cause of death was concealed or unclear, the clock might not start immediately.
- If a government agency is involved, special notice rules (as short as 180 days) may apply.
Still, these exceptions are narrow, rarely automatic, and require quick legal action. If you're unsure, don’t wait to find out later; it may be too late. Talk to an attorney now. Let them verify your timeline before the clock runs out.
Types of Damages Allowed Under Florida Law
Florida law breaks wrongful death compensation into two categories: those awarded to survivors and those awarded to the estate. Both matter, and both can be substantial. his classification is also recognized by national legal institutions, as noted by Cornell Law School. Under the statute, your wrongful death claim can include:
- Damages to the Survivors
These typically cover personal, emotional, and financial loss suffered directly by surviving family members:
- Lost financial support and services.
- Loss of companionship and protection.
- Mental pain and suffering (especially for spouses, children, and parents).
- Damages to the Estate
These cover the decedent’s financial contributions that died with them:
- Lost income from the date of injury to the date of death.
- Medical and funeral expenses are paid by the estate.
- Loss of “net accumulations” (what the estate would have gained if the person had lived).
All of this is referred to under Florida law as wrongful death damages. But none of it is automatic. Every element must be backed by evidence, expert testimony, and a clear connection to your loss. Emotional suffering must be proven just as much as lost wages.In other words, if you can show how the loss affected your life, you can fight for the compensation you deserve.
Pre-Suit Negotiations and Insurance Involvement
Most cases of this kind in Florida don’t make it to trial, and that’s not a bad thing. With the right strategy, strong evidence, and aggressive representation, many families reach a full settlement before ever stepping inside a courtroom.This happens during what’s called pre-suit negotiations, a phase where your attorney and the defendant’s insurance company engage in a high-stakes exchange of evidence, demands, and, ideally, offers. But make no mistake: this isn’t casual back-and-forth. It’s a battle of preparation, leverage, and timing.Done right, this stage can spare your family months or years of added stress. Done wrong, and you could walk away with far less than your case is worth.
The Role of Insurance Companies in a Wrongful Death Claim
No matter what caused the death, whether a crash, a fall, or a medical error, there’s almost always one common denominator: an insurance company behind the scenes.When you take legal action after a wrongful death, you’re not just going up against the at-fault individual or company. You’re dealing with their insurer. And insurers don’t care about grief, fairness, or justice. They care about minimizing their payouts. So, when people ask what wrongful death means in this context, here’s the truth: it’s the legal mechanism by which insurance companies are forced to pay for a life lost due to negligence.But they won’t make it easy. Adjusters are trained to:
- Delayed communication.
- Deny liability.
- Dispute damages.
- Offer lowball settlements.
Your lawyer’s job is to make sure none of that works. Armed with evidence and legal muscle, they push back against every tactic designed to undermine your claim.
Preparing a Demand Package
The demand package is your legal mic drop. It’s a structured, fact-based document that lays out exactly why your case is valid and what the insurance company needs to pay to avoid a lawsuit.Every strong how-to file a wrongful death claim strategy includes a demand package that contains:
- Incident narrative: A clear, compelling timeline of what happened and why it qualifies as wrongful death.
- Proof of negligence: Police reports, videos, and expert findings that establish liability.
- Documentation of losses: Funeral expenses, wage loss, medical bills, and future income projections.
- Family impact statements: Personal accounts from survivors detailing emotional and psychological fallout.
The stronger this package, the more serious your case appears, and the more pressure the insurer feels to settle fairly.
Strategic Negotiation Techniques
This phase isn’t just about what you say, it’s how you say it and when.Your attorney should use aggressive but calculated strategies like:
- Citing direct violations of the Florida wrongful death statute to highlight liability.
- Humanizing damages with powerful survivor testimony and expert-backed valuation.
- Showing a clear willingness to go to trial with prepared witness lists, evidence summaries, and timelines.
- Comparing your case to previous verdicts or settlements in similar Florida cases.
The goal is to make the insurer see the risk: settle now or risk a far more expensive trial loss later, a situation that occurs frequently, as this Verisk/ISO study explains.
Possible Outcomes of Pre-Suit Negotiations in a Wrongful Death Claim
There are three possible conclusions to this phase, and only one of them sends you to court.OutcomeWhat It MeansFull SettlementAll parties agree to the terms, and the case ends without litigationPartial SettlementSome issues are resolved, but others (like damages or liability) go unresolvedNo AgreementThe insurer refuses to offer fair compensation; the case moves into formal litigationMost families prefer a full settlement, and often, that’s exactly what happens. But if the insurance company refuses to play fair, you don’t back down, you escalate.With the right preparation, even a failed negotiation can set the stage for a trial victory. The work your attorney does now can pay off tenfold later.
Real-Life Example: A Florida Wrongful Death Case in Action
It’s one thing to talk about legal theory. It’s another to see it unfold in a real family’s fight for justice. The following case shines a light on what a wrongful death claim actually looks like when tragedy strikes, and when a grieving parent steps forward to hold someone accountable.This isn’t just a legal breakdown. It’s a reminder of why these laws exist in the first place.
Case Overview
In May 2024, 10-year-old ShaoLan “Lana” Kamaly was hit and killed by an SUV while crossing the street near Sugar Mill Elementary School in Port Orange, Florida. The driver, 71-year-old Pamela Schulz, was cited by authorities for failing to yield to a pedestrian in a marked crosswalk, a basic rule meant to protect lives, especially children.Schulz later pleaded no contest and received a fine. No criminal charges followed.But for Lana’s father, Keivan Kamaly, a fine wasn’t justice.
Legal Proceedings
In February 2025, Keivan Kamaly took action. He filed a lawsuit against both Schulz and the vehicle’s owner, Douglas Ente. The claim alleged that Schulz had been negligent, specifically for failing to stop at a stop sign and maintain a proper lookout, failures that directly led to Lana’s death.This wrongful death claim wasn’t just about a traffic violation. It was about establishing responsibility and recovering compensation for medical bills, funeral expenses, and other legally recognized damages.The case moved forward in Florida’s civil courts, and the legal team began building the foundation for a possible trial or a settlement if the defendants chose to resolve it before then.
Challenges Faced
Like many cases involving children, this lawsuit presented unique hurdles. The biggest? Proving the full scope of the driver’s negligence, and how that negligence directly caused Lana’s death.While the traffic citation offered some support, defense attorneys could argue other factors, like visibility, traffic flow, or pedestrian behavior. Establishing a clear, unshakable fault was essential.Another challenge? Valuing the full measure of compensation for wrongful death claims when the deceased is a child. Courts must weigh both tangible and intangible losses: the emotional devastation to the family, the child’s future potential, and the lifelong absence of love and guidance.There’s no simple formula. Every dollar had to be fought for.
Outcome
As of the most recent updates, the lawsuit remained active. Formal legal proceedings were underway. No settlement or judgment had yet been announced, but the fight for justice was well in motion.This case shows the deep emotional and legal complexities that come with filing a claim in Florida. It also illustrates how essential it is to understand what is wrongful death claim is from both a legal and a human perspective.For families like Lana Kamaly’s, the courtroom isn’t about vengeance; it’s about voice, truth, and a fair attempt at healing through accountability.
Why Choose Louis Berk Law for Your Wrongful Death Claim?
We know that no amount of money can replace the person you lost. But holding the responsible party accountable? That matters.When you take legal action after losing a loved one, you need more than a lawyer. You need a team that understands the law, respects your grief, and fights like hell for your family’s future. At Louis Berk Law, that’s exactly what we offer.
Proven Experience in Florida Wrongful Death Cases
We’ve handled numerous wrongful death cases across Florida, from deadly car accidents to fatal medical mistakes. Our team knows the courtrooms, the statutes, and the insurers that try to minimize every loss.And because we know the Florida wrongful death statute inside and out, we don’t waste time. We anticipate delays, avoid legal pitfalls, and position your claim for the best possible result, fast.
Client-Focused Advocacy with Compassion
You’re not just a case file. You’re a family in crisis, and we treat your pain with the seriousness it deserves. From the moment you contact us, we take over the burden: gathering evidence, negotiating with insurers, filing on time, and preparing for trial if necessary.Everything related to your case under wrongful death law becomes our responsibility, so you can focus on healing, not red tape.
Results That Speak for Themselves
We’ve recovered millions for Florida families, but our success is measured in more than just dollars. We fight for accountability, dignity, and real closure.Whether we’re helping a parent regain financial stability or pushing a negligent corporation to pay up, we don’t settle for shortcuts. When a trial is necessary, we don’t flinch, we deliver.At Louis Berk Law, we treat your fight like our own.
Ready to file a wrongful death claim? Start Here
If you believe your loved one’s death was caused by someone else’s negligence, it’s time to take the first step. Filing a wrongful death claim may feel overwhelming, but you don’t have to do it alone. Our team is here to guide you through every phase, from investigation to resolution, with transparency and care.
What to Expect in Your Free Consultation
During your consultation, we’ll review the facts of your case, explain your legal options, and answer your questions. You’ll speak directly with an orlando wrongful death attorney. This is your opportunity to get clear answers about timelines, potential compensation, and what comes next.You don’t need to prepare extensive documentation beforehand, but if you have any of the following, it will help us get started:
- Police or incident reports.
- Medical or hospital records.
- Funeral bills.
- Contact information for witnesses or insurers.
Even if you’re unsure whether you have a case, we’re here to listen and advise with no pressure.
Contact Louis Berk Law Today
Louis Berk Law is proud to serve families across Florida during their most difficult times. We handle every wrongful death claim with professionalism, urgency, and heart. If you’re ready to start the process or just need honest answers, reach out today. Call us now or schedule your free consultation online. We’re ready when you are.
Frequently Asked Questions About Wrongful Death Claims in Florida
What qualifies as a wrongful death in Florida?
A wrongful death occurs when someone dies due to another person’s negligence, recklessness, or intentional misconduct. Under the Florida Wrongful Death Act (§768.16–768.26), surviving family members may pursue compensation for emotional, financial, and relational losses.
Who can file a wrongful death claim in Florida?
Only the personal representative of the deceased’s estate is authorized to file the claim, not individual family members. This representative is named in the will or appointed by the probate court.
Can my family still file a wrongful death claim if there’s no will?
Yes. If there’s no will, the court appoints a personal representative—typically the spouse or an adult child—to file the claim and manage the legal process on behalf of all survivors.
How long do I have to file a wrongful death claim in Florida?
Florida law sets a two-year statute of limitations from the date of death. Missing this deadline can permanently bar your right to compensation, even in strong cases. Exceptions are rare and usually involve fraud or delayed discovery.
What’s the difference between an accidental death and a wrongful death?
An accidental death may be a tragic event without legal fault (e.g., natural disaster). A wrongful death, however, involves preventable harm caused by someone’s failure to act responsibly—like a negligent driver or unsafe workplace.
Who can receive compensation from a wrongful death lawsuit?
Eligible survivors may include the deceased’s spouse, children, parents, and financially dependent siblings. While only the personal representative files the case, multiple survivors can recover damages if named in the lawsuit.
What types of damages can be recovered in a wrongful death case?
Florida law allows two main categories of compensation: - Survivors’ damages: loss of support, companionship, parental guidance, and mental pain and suffering. - Estate damages: funeral and medical expenses, lost income, and future earnings the deceased would have accumulated.
What factors influence the value of a wrongful death case?
The court considers emotional loss, financial dependency, medical and funeral costs, and the relationship between the survivor and the deceased. Strong documentation and expert testimony can significantly impact settlement value.
What happens if the defendant won’t settle the claim?
If negotiations fail, the case may escalate to a wrongful death lawsuit in Florida civil court. This involves discovery, possible mediation, and, if unresolved, a trial before a judge or jury.
Can multiple family members receive compensation even if only one person files?
Yes. The personal representative files on behalf of all eligible survivors. Once compensation is secured, it is distributed among the beneficiaries according to Florida law and court supervision.
