How Do You File a Wrongful Death Lawsuit?

Losing a family member is a devastating experience. When that loss happens because of someone else’s carelessness or wrongful act, the grief is often mixed with anger and a deep sense of injustice. While no amount of money can replace your loved one, Florida law allows families to seek accountability and financial stability through a civil action.

But for families in Apollo Beach and across Florida, understanding how to file a wrongful death lawsuit can feel overwhelming during an already impossible time. Specific state laws govern the process, and strict procedures must be followed. Knowing these steps can help you understand what to expect as you seek justice for your family member.

What Qualifies as a “Wrongful Death” in Florida?

Under the Florida Wrongful Death Act, a wrongful death is one that occurs due to the wrongful act, negligence, default, or breach of contract of another person or entity. Simply, if the person who died could have pursued a personal injury lawsuit had they survived, their family may have grounds for a wrongful death claim.

These cases can arise from many different situations, including:

Car accidents caused by a reckless driver.
Medical malpractice.
A dangerous condition on a property (premises liability).
Defective products.

It’s important to understand that a wrongful death lawsuit is a civil claim, separate from any criminal charges. Its purpose is to compensate the surviving family members and the deceased person’s estate for their losses.

Who Is Allowed to File the Lawsuit?

This is one of the most important and often misunderstood aspects of Florida’s wrongful death law. The lawsuit cannot be filed directly by individual family members, such as a spouse or child. Instead, the claim must be filed by the personal representative of the deceased person’s estate.

A probate court appoints the personal representative, who may have been named in the deceased’s will. If there is no will, the court will appoint someone, typically a close family member. This representative acts on behalf of all the estate’s survivors and beneficiaries. While only one person files the suit, they seek damages for all eligible survivors.

The Steps to Filing a Wrongful Death Claim in Florida

The legal process is detailed and requires careful attention to deadlines and procedures. Working with qualified personal injury lawyers is crucial to handling every step correctly.

Open an Estate and Appoint a Personal Representative

A probate case must be opened to formally appoint a personal representative before filing a lawsuit. This legal prerequisite in Florida establishes who has the authority to act for the estate.

Investigate the Death and Gather Evidence

This is the phase where a strong case is built. It involves a thorough investigation to prove that the defendant’s negligence or wrongful act led to your loved one’s death. Evidence can include:

Accident reports from police or other agencies.
Medical records and the coroner’s report.
Eyewitness statements.
Photos and videos of the scene.
Opinions from experts in fields like accident reconstruction or medicine.

File the Formal Complaint

After collecting sufficient evidence, the personal representative, through their attorney, will file a formal document called a “complaint” with the appropriate court. For a death occurring in Apollo Beach, this would likely be the Hillsborough County Circuit Court. This document outlines who the parties are, the facts of the case, and the legal basis for holding the defendant responsible.

Navigate the Discovery Process

After the complaint is filed, both sides enter a phase called discovery. During this time, each party can request information and evidence from the other. This often involves depositions (sworn testimony), interrogatories (written questions), and document requests. Experienced personal injury lawyers use this process to uncover all the facts necessary to prove your case.

The Florida Statute of Limitations: A Strict Deadline

In nearly all wrongful death cases in Florida, the personal representative has only two years from the date of the person’s death to file a lawsuit. If you miss this deadline, the court will almost certainly refuse to hear your case, and your family will lose the right to seek compensation forever. This makes it critical to speak with an attorney as soon as possible.

What Damages Can Be Recovered?

The personal representative seeks compensation for both the survivors and the estate. The specific damages depend on the relationship of the survivor to the person who passed away. According to Florida law, survivors may recover:

The value of lost support and services.
Loss of companionship, protection, and guidance.
Mental and emotional pain and suffering.
Medical and funeral expenses that were paid directly by a family member.

The estate can also recover damages, such as lost wages the deceased would have earned, and the net accumulations of the estate.

How South Shore Injury Attorneys Can Guide You

Facing a legal battle while grieving is an unimaginable burden. At South Shore Injury Attorneys, our role is to lift that burden from your shoulders. We handle every complex legal detail, from opening the estate to gathering evidence and fighting aggressively with insurance companies on your behalf. We provide straightforward counsel so you always know where your case stands.

Our team combines compassionate support for your family with a relentless approach to holding negligent parties accountable. We know what is at stake, and we are prepared to take your case to trial if that is what it takes to secure a just result. You need a team of personal injury lawyers who understand what your family is going through and have the resolve to see you through it.

If your family is coping with the wrongful death of a loved one in Apollo Beach or the surrounding Florida communities, please do not wait. Call South Shore Injury Attorneys at 813-797-5998 for a FREE, confidential consultation. Let us help you take the first step toward justice.