Lost a Loved One in a Florida Crash? Here’s How to Protect Your Family’s Future

Losing a loved one in a car accident is one of the most devastating experiences a family can face. In the midst of shock, grief, and overwhelming emotional pain, families are suddenly confronted with hospital bills, funeral expenses, insurance calls, and the impossible question of “What now?”

And while no amount of money will ever replace the person you lost, Florida law recognizes that families deserve financial stability, justice, and accountability when a fatal crash is caused by someone else’s negligence. That’s where a wrongful death claim comes in.

Today, we’re breaking down—in a compassionate, clear, and empowering way—how wrongful death claims work after a fatal car accident in Florida, who can file them, what compensation is available, and how an attorney can help lift the burden during one of the hardest moments of your life.

Understanding Fatal Car Accidents in Florida

Florida’s roads are among the most dangerous in the country. With millions of drivers, year-round tourism, and congested highways, fatal accidents happen far too often. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV):

• Over 3,400 people die in traffic accidents each year.
• Fatal crashes frequently involve speeding, distracted driving, drunk driving, aggressive driving, or failure to yield.
• Many deadly collisions occur at intersections, on high-speed highways, or in areas with poor visibility.

When negligence causes a life to be cut short, families have legal rights—but wrongful death claims work differently than standard personal injury cases.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim is a civil action filed when someone’s negligence, recklessness, or intentional misconduct causes another person’s death.

In other words: If the victim had survived and been able to file a personal injury claim, their family can file a wrongful death claim instead.

These cases are governed by Florida Statutes §768.16–§768.26, also known as the Florida Wrongful Death Act.

Unlike criminal charges (such as DUI manslaughter), which focus on punishment, a wrongful death claim focuses on compensation and justice for the family.

Who Can File a Wrongful Death Claim in Florida?

Florida law requires that wrongful death claims be filed by the personal representative of the deceased’s estate. This person is often named in a will, but if there is no will, the court appoints one. The personal representative files the claim on behalf of survivors, which typically include:

• The spouse
• Children (including adoptive and sometimes adult children)
• Parents of a minor or adult child
• Other dependent blood relatives
• Certain financially dependent individuals

The estate may also recover its own separate damages, which are distributed according to the will or intestate succession.

What Compensation Can Families Recover?

Wrongful death compensation is meant to address both emotional and financial losses.

Survivors may recover damages for:

• Loss of support and services the deceased would have provided
• Loss of companionship (spouse)
• Loss of parental guidance and instruction (children)
• Mental pain and suffering (spouse, children, or—in some cases—parents)
• Loss of future earnings based on the deceased’s life expectancy
• Medical bills related to the final injury
• Funeral and burial expenses

The estate may recover:

• Lost earnings from the date of injury to death
• Loss of future earning capacity
• Medical and funeral expenses paid by the estate

In many cases, the financial impact of a wrongful death extends years—or decades—into the future, especially if the deceased was the primary earner.

Common Causes of Fatal Car Accidents Leading to Wrongful Death Claims

Understanding how the fatal crash occurred is vital to establishing liability. While every accident is unique, many cases involve:

An experienced wrongful death attorney investigates every possible angle to ensure every responsible party is held accountable.

How Wrongful Death Claims Work in Florida: Step-by-Step

1. Investigation

Your attorney investigates the crash, collects evidence, obtains police reports, retrieves black-box data, and determines fault.

2. Establishing Liability

The legal team identifies all negligent parties, which may include:

• Another driver
• A commercial vehicle company
• A bar or restaurant (in some DUI cases)
• A government entity
• A manufacturer (if a defective vehicle part contributed)

3. Calculating Damages

Your attorney works with experts to determine:

• lost lifetime earnings,
• loss of benefits,
• future financial support,
• and non-economic damages (pain, suffering, loss of companionship).

4. Negotiation

Most cases settle outside court, but only after extensive negotiation with insurers—who often try to minimize payouts.

5. Litigation (if necessary)

If insurance companies refuse to negotiate fairly, the case proceeds to court. A jury decides fault and awards damages.

Florida’s Wrongful Death Statute of Limitations

Time is limited. In Florida, families generally have two (2) years from the date of death to file a wrongful death claim.

There are exceptions, but waiting too long can permanently bar your right to compensation. When in doubt, consult an attorney immediately.

Final Thoughts: Why Legal Guidance Matters

Wrongful death cases are among the most emotionally painful and legally complex cases in personal injury law. Families are dealing with grief, shock, and life-changing financial loss, all while insurers move quickly to protect themselves—not you.

You shouldn’t have to fight that battle alone. An experienced wrongful death attorney helps ensure:

• The investigation is thorough
• Evidence is preserved
• Liable parties are held accountable
• Damages are fully calculated
• Your family’s financial future is protected

Justice will never replace your loved one—but it can provide stability, accountability, and a path toward healing.

Lost a Loved One in a Fatal Crash? You Don’t Have to Navigate This Alone.

At DuFault Law, we stand with families who’ve suffered unimaginable loss. Our team is committed to delivering compassion, clarity, and fierce representation in Florida wrongful death and fatal car accident cases.

We’ll handle the investigation, the insurers, the legal filings, and the fight—so your family can focus on healing.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation