Who can file a wrongful death case in Florida?
The personal representative of the estate brings the action for the benefit of surviving spouse, children, parents, and certain other dependents as defined by statute.
Wrongful Death
Wrongful death claims under Florida law for families in Palm Beach County and Orlando—estate administration, survivor damages, and insurance coverage after fatal crashes or negligence.
How We Help With Wrongful Death
At Aaron R. Coven Law Firm, we understand the challenges you face after a wrongful death. Our team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Wrongful death claims under Florida law for families in Palm Beach County and Orlando—estate administration, survivor damages, and insurance coverage after fatal crashes or negligence.
Quick Florida Answer
Florida’s Wrongful Death Act allows certain survivors and the decedent’s estate to pursue damages when negligence causes a death. Eligible beneficiaries, recoverable categories of damages, and procedural requirements differ from personal injury cases and demand compassionate, meticulous handling.
Reviewed by Aaron R. Coven , Florida Bar No. 38988. Updated August 21, 2026.
Palm Beach County & Florida context
Families in Palm Beach County and Orlando facing sudden losses from crashes, medical errors, or violent acts need probate coordination, creditor issues, and insurer negotiations managed while they grieve. We help identify all viable defendants and insurance layers early.
Typical claim timeline (general overview)
Every case differs; this is a simplified roadmap many Florida injury matters follow.
- 1
Estate administration
Open probate or identify a personal representative qualified under Florida law to bring the estate’s claims.
- 2
Investigation
Preserve crash data, medical records, or security video; retain experts needed for liability and economic-loss projections.
- 3
Presuit or statutory notices
Serve required notices for malpractice or governmental defendants before suit when applicable.
- 4
Litigation and distribution
Resolve claims by settlement or trial; structure distributions among survivors per statute and court approval rules.
What often affects case value in Florida
- Relationship of survivors to decedent under the Wrongful Death Act
- Lost support and services, lost earnings, and medical/funeral expenses
- Conscious pain and suffering elements available to the estate when recognized
- Strength of liability against all joint tortfeasors
- Available insurance, including UM, umbrella, and commercial policies
What should I do after a Florida crash?
Today
- Gather multiple certified death certificates.
- Secure phones or journals that may contain the decedent’s final account of events.
This week
- List all potential insurance policies the decedent held.
- Avoid signing releases with insurers before counsel reviews beneficiary impact.
This month
- Consult a probate attorney or our team about personal representative appointment.
- Document family support roles with affidavits or tax returns.
Benefits of Choosing Us
- Personal representative and probate coordination
- Identification of all defendants and policy layers
- Respectful, thorough case management
Common Questions
What damages are available?
Categories can include loss of support and services, mental pain and suffering for specific relatives, lost earnings, and medical or funeral expenses depending on survivor status—statutory lists control.
Is there a cap on wrongful death damages?
Some categories or defendant types face limitations; medical malpractice wrongful death has distinct rules. Each case requires individualized legal analysis.
How long do we have to sue?
Wrongful death limitations periods are fact-specific and may be tolled for minors or investigations; do not assume a standard two- or four-year window without counsel.
Can we settle without going to court?
Many cases resolve confidentially after thorough preparation; court approval may be needed when minors or incapacitated adults share in proceeds.
Related Florida Resources
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The law Office of Aaron Coven is a top notch personal injury attorney with an excellent reputation in the community, Lily has done an excellent job and helped me through out the whole process.
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