Losing a loved one is devastating—especially when their death was caused by someone else’s negligence. In Florida, the law provides a path for families to seek justice through a wrongful death claim. But the process isn’t always straightforward. Only a specific person can legally bring that claim forward, and understanding your rights is key to ensuring your family receives the compensation and closure it deserves.
Under Florida law, the only person who can legally file a wrongful death claim is the personal representative of the deceased’s estate. This representative is either named in the will or, if no will exists, appointed by the court. They serve as the official voice for the estate and the surviving family members.
Surviving spouses, children, and parents typically have the right to receive compensation. Other dependent relatives may qualify as well—but only after primary beneficiaries have been considered. If you’ve lost someone due to negligence, it’s critical to understand who holds this legal authority and how it impacts the timeline and outcome of your case.
At Rue & Ziffra, our wrongful death lawyers have helped countless families in Volusia and Flagler Counties navigate this process with compassion and clarity.
The personal representative carries a great deal of responsibility. This individual isn’t just a name on paper—they’re the one who must gather evidence, identify all potential beneficiaries, and file the claim within Florida’s two-year statute of limitations. Their duties are not only legal in nature but emotional as well, as they are often close to the deceased and the family left behind.
Whether the personal representative is appointed through a will or by the court, their job is to ensure that everyone who is legally entitled to recover damages is properly represented. At our firm, we guide personal representatives every step of the way—making sure no stone is left unturned.
Several family members may be eligible for compensation when a wrongful death occurs:
Each claim is different, and the eligibility of beneficiaries can sometimes be challenged. That’s why it’s important to work with a team that understands Florida wrongful death law inside and out.
If you’re unsure of your eligibility, we can help clarify your legal standing in a free consultation.
In many cases, wrongful death claims include individuals who relied on the deceased emotionally and financially. These dependents play a central role in the claim, and the law acknowledges the value of both financial contribution and emotional support.
Here’s a quick breakdown:
Making sure each dependent’s rights are fully recognized is something we take seriously at Rue & Ziffra.
Getting started with a wrongful death claim in Florida involves several clear, but important steps:
Every wrongful death case is unique, but a timely and organized approach can make all the difference. Don’t let delays or confusion jeopardize your family’s opportunity for justice.
When it comes to wrongful death claims, time is not on your side. The clock starts ticking from the moment your loved one passes away, and the law gives you two years to file. Missing that deadline can permanently bar your claim.
Evidence is equally critical. You’ll want to secure:
The stronger your evidence, the stronger your case. Our legal team is equipped to assist families in preserving and presenting evidence with care and precision.
At Rue & Ziffra, we understand that pursuing a wrongful death claim is never just about money—it’s about accountability, justice, and honoring the life of someone taken too soon. We’re here to guide you through the legal process with compassion, professionalism, and a commitment to results.
If your family is dealing with the pain of a wrongful death, don’t wait to get the answers you need. Reach out to our office for a confidential consultation. We’re local. We’re experienced. And we’re here for you when you need us most.
In Florida wrongful death cases, families may seek:
1. Economic damages for medical bills, funeral costs, and lost income.
2. Non-economic damages for pain and suffering, loss of companionship, and mental anguish.
3. Punitive damages, in cases of gross negligence or intentional harm.
To succeed, you must prove that the responsible party acted negligently—that is, they failed to act with reasonable care and caused the death as a result. This involves demonstrating a breach of duty and direct causation, backed by evidence.
Yes. It is possible for multiple personal representatives to be appointed and to file jointly, particularly if doing so helps represent the full interests of all eligible beneficiaries.
If your loved one died without a will, Florida law allows the court to appoint a personal representative under intestate succession rules. Typically, this person is a close family member.
Florida does impose certain caps on damages, depending on the facts of the case, particularly in claims against government entities or medical providers. Understanding these limits is critical when evaluating your potential recovery.
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