Who Can File a Wrongful Death Claim in Florida? A Guide for St. Petersburg and Tampa Bay Families
Josh Walker | Aug 28 2026 13:45
Wrongful Death Claims in St. Petersburg and Tampa Bay
Losing someone to another person's negligence is one of the hardest things a family can go through, and figuring out the legal side of it while grieving only makes it harder. This guide is meant to answer the practical questions St. Petersburg and Tampa Bay families ask most, in plain language, without any pressure to act before you're ready.
What Is a Wrongful Death Claim Under Florida Law?
A wrongful death claim is a civil lawsuit that allows certain surviving family members to seek compensation when a death is caused by another party's negligence, recklessness, or intentional act. Common examples include deaths caused by car, truck, or motorcycle accidents, medical malpractice, defective products, and premises liability incidents like a fatal fall.
Florida's Wrongful Death Act (Florida Statutes Chapter 768) sets out exactly who is eligible to bring this kind of claim and what types of compensation may be available. It's a separate legal action from any criminal charges that might also result from the same incident — a wrongful death claim can move forward regardless of whether criminal charges are filed.
Who Can File a Wrongful Death Claim in Florida?
This is the question we hear most often, and understandably so — eligibility rules aren't always intuitive. Under Florida law, a wrongful death claim is generally brought by the personal representative of the deceased's estate, on behalf of the following surviving family members, in this general order of priority:
- The surviving spouse.
- The deceased's children.
- The deceased's parents, if there is no surviving spouse or children.
- Other relatives, such as siblings, who were partly or wholly dependent on the deceased for support, in certain circumstances.
If there's no formally appointed personal representative yet, one of the first practical steps in a wrongful death case is often working with the probate court to have one appointed, so the claim can move forward on behalf of the family.
Economic and Non-Economic Damages: What's Actually Recoverable
Florida wrongful death claims allow for two broad categories of compensation, and understanding the difference helps families know what to expect.
Economic damages cover the family's actual financial losses, including:
- Lost wages and financial support the deceased would have provided
- Loss of services, guidance, and support the deceased would have contributed to the household
- Medical expenses related to the deceased's final injury or illness
- Funeral and burial expenses
Non-economic damages cover the harder-to-quantify losses, including:
- Loss of companionship, protection, and guidance for a surviving spouse or children
- Mental pain and suffering experienced by surviving family members
- For parents of a deceased minor child, or a deceased adult child with no surviving spouse or children, damages for mental pain and suffering may also apply
Florida law is specific about which damages apply to which family members, so it's worth having an attorney walk through exactly what your family may be entitled to, rather than assuming based on what you may have read elsewhere.
Wrongful Death Claims vs. Survivorship Claims
These are two related but distinct legal actions, and a case can sometimes involve both.
A wrongful death claim compensates surviving family members for their own losses after the death — the financial support, companionship, and guidance they lost.
A survivorship claim, on the other hand, addresses what the deceased personally experienced before passing, if they were injured, hospitalized, or treated for a period of time before their death. This can include their own medical bills, pain and suffering, and lost wages during that period, and any compensation recovered becomes part of the deceased's estate.
Depending on the circumstances of your loved one's passing, your family's legal team may pursue one or both of these claims together.
How Long Do You Have to File a Wrongful Death Claim in Florida?
Florida law generally requires a wrongful death claim to be filed within two years of the date of death, under Florida's statute of limitations for wrongful death actions. Missing this deadline typically means losing the right to pursue compensation permanently, regardless of how clear the underlying negligence was.
There's no requirement to make any decisions about a claim immediately after a loss — but the two-year clock is real, and it's worth having at least an initial conversation with an attorney well before that deadline approaches, so your family's options stay open.
Why Local Representation Matters in St. Petersburg and Tampa Bay Wrongful Death Cases
Wrongful death cases arising from car accidents on I-275, the Gandy Bridge, or US-19; boating accidents on Tampa Bay's waterways; or premises liability incidents at local businesses all involve location-specific evidence — accident reports from local law enforcement agencies, witness accounts from the local community, and sometimes specific knowledge of how local courts in Pinellas and Hillsborough counties handle these cases. A wrongful death attorney based in St. Petersburg and familiar with the greater Tampa Bay area brings that local context directly into how your family's case gets built.
Answers to the Questions We Hear Most
Who can file a wrongful death claim in Florida? Generally, a claim is filed by the personal representative of the deceased's estate on behalf of the surviving spouse, children, or parents, and in some cases other dependent relatives. Eligibility depends on the specific family structure involved.
What's the difference between a wrongful death claim and a survivorship claim? A wrongful death claim covers the surviving family's own losses, like lost financial support and companionship. A survivorship claim covers what the deceased personally experienced before passing, such as their own medical bills and pain and suffering. Some cases involve both claims together.
How long do I have to file a wrongful death claim in Florida? Florida law generally gives you two years from the date of your loved one's death to file a claim, though the exact timeline can vary depending on the circumstances of the case.
What compensation is available in a Florida wrongful death claim? Families may be able to recover economic damages, like lost financial support and funeral expenses, along with non-economic damages, like loss of companionship and mental pain and suffering, depending on which family members are eligible under Florida law.
Does it cost anything to talk to a wrongful death attorney? No. Consultations are free, and wrongful death cases are typically handled on contingency, meaning your family doesn't pay upfront and only pays if compensation is recovered.
We're Here When You're Ready to Talk
There's no rush to make any decisions today. Whenever your family is ready, The Walker Law Group is here to answer your questions honestly and explain your options without pressure — whether that's today, next month, or whenever feels right.
Learn more about how we handle these cases on our Wrongful Death page, or find out more about how we serve families throughout St. Petersburg and the rest of Tampa Bay.
