Wrongful Death
Wrongful Death
Losing someone you love is one of the most profound and disorienting experiences a family can endure. When that loss is the result of someone else’s negligence, recklessness, or wrongful conduct — a preventable car accident, a trucking crash, a medical error, a dangerous property, or a defective product — the grief is compounded by something that should not have happened at all. Florida law recognizes this, and it gives surviving families the right to hold the responsible party accountable through a wrongful death claim.
A wrongful death action under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) arises when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party — and that person would have been entitled to sue for their injuries had they survived. Common causes include vehicle accidents, trucking wrecks, motorcycle crashes, medical malpractice, premises liability, defective products, and workplace incidents. The negligent party who would have been liable for the injuries is equally liable for the death, and they can be held responsible for the full range of harm their conduct caused to the people who depended on and loved the person who was lost.
One of the most important and frequently misunderstood aspects of Florida wrongful death law is who has the legal authority to bring the claim. Unlike some states where a family member can file directly, Florida requires that a wrongful death lawsuit be brought by the personal representative of the deceased person’s estate — the person named in the will, or appointed by the probate court if no will exists (Fla. Stat. § 768.20). This means that before a wrongful death lawsuit can be filed, the estate must be formally opened in probate. The personal representative then files a single lawsuit on behalf of all eligible survivors and the estate, and is legally obligated to pursue every available category of damages on their behalf.
Under Florida Statute § 768.18, eligible survivors entitled to recover damages include the deceased’s surviving spouse, children, parents, and — in certain circumstances — blood relatives or adopted siblings who were at least partially dependent on the deceased for support or services. Under Florida’s Wrongful Death Act, certain damages provisions treat a ‘minor child’ as a child under age 25, rather than the general age of majority of 18. This distinction can significantly affect the damages available in some wrongful death claims.
The damages recoverable in a Florida wrongful death case depend on each survivor’s relationship to the deceased. Under Fla. Stat. § 768.21, all eligible survivors may pursue the value of lost support and services the deceased provided — both from the date of injury through death and projected into the future. A surviving spouse may recover for loss of companionship, protection, and mental pain and suffering. Minor children — including those under 25 — may recover for loss of parental companionship, guidance, instruction, and emotional pain and suffering. Parents of a deceased minor child may also recover for mental pain and suffering. The estate itself may seek damages for medical and funeral expenses, lost earnings the deceased would have accumulated, and the net value the deceased would have added to the estate over the course of their lifetime.
The statute of limitations for a wrongful death claim in Florida is two years from the date of the deceased person’s death. This deadline is strictly enforced — missing it typically results in a permanent bar to recovery, no matter how strong the underlying case. Florida law contains limited exceptions that may extend or eliminate the filing deadline in certain cases involving intentional
acts such as murder or manslaughter. These exceptions are highly fact-specific and should be evaluated with legal counsel. In limited circumstances involving fraudulent concealment or delayed discovery issues, a court may determine that the filing deadline should be tolled. These exceptions are narrowly applied under Florida law. The two-year clock begins on the date of death, not the date of the accident or injury that caused it.
Justin Lusko has represented families in the Pensacola area and throughout Florida who have suffered the loss of a loved one due to someone else’s negligence. He brings the trial experience with more than 55 jury trials taken to verdict and more than a decade of personal injury litigation in Escambia and Santa Rosa Counties, to every wrongful death case he handles. These cases are among the most emotionally demanding and legally complex in personal injury law. We approach them with the thoroughness, the honesty, and the sustained commitment that your family deserves.
Our Personal Approach
We understand that nothing about this process feels like the right time. You are grieving. You may be managing funeral arrangements, supporting children, or navigating the estate process while also trying to understand whether and how to pursue a legal claim. We do not rush that conversation, and we do not treat a wrongful death case like any other file.
When you contact Lusko Law, we begin by listening to what happened, to who your loved one was, and to what accountability and resolution would actually mean for your family. From there, we guide you through each step of the process clearly and honestly: the probate requirements, the investigation, the identification of all liable parties, and the full calculation of every loss your family is entitled to recover. You work directly with Justin Lusko throughout your case. We communicate promptly, keep you informed, and never lose sight of the person at the center of this — or the family left behind.
Transparent Service Fees
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Past Results Disclaimer (Florida Bar Required): Prior verdicts and settlements referenced in connection with Lusko Law reflect results obtained in prior cases and do not guarantee a similar outcome in any wrongful death or other matter. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Wrongful death claims in Florida are governed by the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26, and are subject to specific standing requirements, probate obligations, and a two-year statute of limitations from the date of death. Deadlines and eligibility vary by case — contact Lusko Law promptly to preserve your family’s rights.