Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In Florida, wrongful death claims are governed by the Florida Wrongful Death Act, which can be found in Sections 768.16 to 768.26 of the Florida Statutes. This Act allows the estate of a deceased person, as well as certain family members such as the surviving spouse, children, and parents, to file a lawsuit seeking compensation for their losses resulting from the decedent's death. The Act specifies that the right to file a wrongful death claim arises when the death is caused by a wrongful act, negligence, default, or breach of contract or warranty. The personal representative of the decedent's estate is the party responsible for filing the wrongful death lawsuit on behalf of the estate and any survivors. Damages that may be recovered include medical and funeral expenses, loss of support and services, loss of companionship and protection, mental pain and suffering, and lost wages and benefits. The statute of limitations for filing a wrongful death claim in Florida is generally two years from the date of death, but certain circumstances may alter this time frame.