Who is allowed to file a wrongful death lawsuit in Florida?

Under the Florida Wrongful Death Act (Fla. Stat. § 768.20), the personal representative of the deceased person’s estate is the only party legally authorized to file a wrongful death lawsuit. While the action is brought by a single individual, they file the claim on behalf of the estate and all qualifying survivors. Florida law specifically defines survivors as the decedent’s spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support.

The process requires careful coordination between probate and civil court:

1. Open an estate in a Florida probate court to initiate the legal framework.
2. Obtain "Letters of Administration" to formally appoint the personal representative named in a will or selected by the court.
3. Identify all statutory survivors to ensure their specific damages, such as loss of companionship and mental pain and suffering, are included.
4. File the formal complaint within Florida’s strict two-year statute of limitations.

Navigating these complex legal requirements while grieving is a heavy burden. Jeffrey S. Altman and The Altman Law Firm provide the compassionate guidance and Florida-specific expertise necessary to manage the probate process and fight for the accountability your family deserves.