Which Family Members Are Entitled to Compensation in a Florida Wrongful Death Lawsuit?

Losing a loved one unexpectedly due to someone else’s negligence is one of the most traumatic events a family can experience. In Florida, the law allows surviving family members to pursue justice through a wrongful death claim, but only certain people are legally allowed to be compensated, and not all survivors are automatically entitled to receive compensation.

If you’re grieving the loss of a family member and wondering what your rights are, it’s crucial to understand how Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26) works—especially the role of the personal representative, who they represent, and how settlement proceeds are ultimately distributed.

Who Can File a Wrongful Death Claim in Florida?

In Florida, the only person who can file a wrongful death lawsuit is the personal representative of the deceased person’s estate. This is a crucial distinction, individual family members cannot file their own independent lawsuits for wrongful death. The personal representative files the claim on behalf of all surviving beneficiaries who are legally entitled to recover damages.

What is a Personal Representative?

A personal representative (sometimes called an executor or administrator in other states) is a person or entity named in the deceased person’s will or, if no will exists, appointed by the probate court.

• If the deceased had a will, the nominated personal representative is usually appointed by the court unless disqualified.
  
• If there is no will, the court follows a statutory priority order (usually starting with the surviving spouse, then adult children, then parents or siblings) to appoint someone.
  

The personal representative acts as the legal voice of the estate. They are responsible for initiating the lawsuit, hiring the attorney, participating in litigation, approving settlements, and ensuring that all qualified survivors receive their fair share of any recovery.

Who Is Entitled to Receive Compensation in a Florida Wrongful Death Claim?

In Florida, the wrongful death claim must be filed by the personal representative of the decedent’s estate, but the compensation recovered is not for the personal representative themselves (unless they are also a qualifying survivor). Instead, any damages awarded through the lawsuit are intended to benefit two groups:

1. The surviving family members who are eligible under the Florida Wrongful Death Act, often referred to as statutory survivors, and
   
2. The estate of the deceased, which may be entitled to compensation for economic losses.
   

Let’s break down who qualifies as a statutory survivor, what types of damages each may recover, and how this differs from what the estate can claim.

1. Surviving Spouse

If the deceased was married at the time of death, their surviving spouse has the strongest claim to certain types of damages, including:

• Loss of companionship and protection: This refers to the emotional and relational loss of a life partner, which can carry significant weight in evaluating non-economic damages.
  
• Mental pain and suffering: Florida allows surviving spouses to be compensated for the emotional trauma associated with their partner’s wrongful death.
  
• Loss of financial support: This includes the loss of future earnings the deceased would have contributed to the household.
  

Spouses are typically given priority among survivors, and in cases where a spouse and children both qualify, the damages may be divided based on individual loss.

2. Children of the Deceased

Florida law differentiates between minor children (under age 25) and adult children (25 and older), in wrongful death claims arising from medical malpractice.

• If there is no surviving spouse, minor children may recover for:
  
  • Loss of parental companionship, instruction, and guidance
    
  • Mental pain and suffering from the date of injury
    
• If the death was caused by medical malpractice, adult children cannot recover for non-economic damages (such as emotional suffering).

• In non-medical malpractice cases, adult children may be eligible for non-economic damages if no spouse survives.
  

Children may also be able to recover compensation for lost financial support, particularly if they were dependent on the deceased.

 3. Parents of the Deceased

Parents are eligible for damages in more limited circumstances, but the law does provide important rights in tragic cases involving children:

• If the deceased was a minor child, the parents may recover for mental pain and suffering from the date of injury.
  
• If the deceased was an adult with no surviving spouse or children, the parents may recover for mental pain and suffering, depending on the circumstances.
  
• In medical malpractice wrongful death cases, parents of adult children are generally barred from recovering non-economic damages.
  

4. Dependent Blood Relatives and Adoptive Siblings

In addition to immediate family members, certain extended family members may also be entitled to compensation, but only if they were financially dependent on the decedent at the time of death.

This includes:

• Blood relatives (e.g., grandparents, aunts, uncles)
  
• Adoptive siblings
  

They may be able to recover for:

• Loss of financial support and services the deceased provided (such as housing, food, caregiving, or monetary support)
  

However, they are not entitled to non-economic damages like pain and suffering unless they also fall into one of the primary categories above.

How Is the Wrongful Death Settlement or Jury Verdict Distributed?

Once a settlement or judgment is obtained, the court will allocate the funds among the survivors and the estate, based on their individual losses. This is done through a settlement agreement or, if there is disagreement, through a court hearing.

Key factors that determine distribution:

• The relationship to the deceased
  
• The level of emotional and financial loss suffered
  
• Whether the survivor is a minor or dependent
  
• The terms of the decedent’s will, if relevant to estate distributions
  

In general:

• Non-economic damages (pain, suffering, loss of companionship) go directly to the individual survivor.
  
• Economic damages (lost earnings, funeral costs) are awarded to the estate and distributed through probate.
  

Priority and Conflict Among Survivors

In situations where multiple family members are eligible (for example, a spouse and adult children), conflicts can arise over who should be appointed personal representative or how the funds should be divided. Florida courts will often resolve these disputes by holding hearings and evaluating the best interests of all survivors.

If there are competing petitions to serve as personal representative, the court will apply statutory priorities and consider:

• Whether the proposed PR is a beneficiary
  
• Their relationship to the deceased
  
• Their ability to act in the estate’s best interest
  

Why Legal Representation Is Critical

Wrongful death cases are legally and emotionally complex. Between navigating probate court, understanding who qualifies for damages, coordinating among survivors, and proving negligence, the process can quickly become overwhelming, especially during a time of mourning.

An experienced wrongful death attorney helps by:

• Guiding the personal representative through legal procedures
  
• Identifying all survivors entitled to compensation
  
• Coordinating with the probate court
  
• Advocating for fair distribution and justice
  

Free Consultation With a Florida Wrongful Death Attorney

​​At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand that no amount of legal action can undo the profound pain of losing someone you love. But holding the responsible parties accountable can bring answers, a sense of closure, and the financial support needed to rebuild your life. 

Our firm is exclusively focused on personal injury and wrongful death cases across Florida, which means we bring in-depth knowledge, trial experience, and compassionate guidance to every case we handle. We’ve recovered millions for families facing the unimaginable, and we do it with a purpose — to honor your loved one’s life and to help prevent similar tragedies in the future. Unlike larger firms that treat clients like case numbers, we maintain a purposely small caseload so every family receives direct access to their attorney and individualized attention throughout the legal process. We cover all upfront costs and only get paid if we win.

 If you believe your loved one’s death was the result of someone else’s negligence — whether due to a car accident, medical malpractice, dangerous property conditions, or defective products — we invite you to contact us today for a free and confidential consultation. Let us help you understand your rights, evaluate your options, and fight for the justice your family deserves. Call us at 305-638-4143 or complete our online form to speak directly with an experienced wrongful death lawyer.