No claim restores what a family has lost. But the law can provide accountability and a measure of security for those left behind.
A wrongful death claim allows certain survivors to seek compensation when a person dies because of another's negligence or wrongful act. These cases arise from car and truck crashes, negligent security and violent crime, dangerous premises, defective products, and other preventable harms.
Wrongful death law is created entirely by statute, which means who may recover, what may be recovered, and how long a family has to act are all defined by the specific jurisdiction's statute.
Florida's Wrongful Death Act, found in Sections 768.16 through 768.26 of the Florida Statutes, allows the personal representative of the deceased person's estate to bring a single action on behalf of the estate and the surviving family members the statute identifies, which can include a spouse, children, parents, and certain dependents. Recoverable damages can include lost support and services, loss of companionship and guidance, mental pain and suffering of certain survivors, and medical and funeral expenses.
The deadline to file a wrongful death action in Florida is generally two years from the date of death under Section 95.11, though specific circumstances can affect that period. Because the statute strictly defines who may recover and what may be claimed, careful analysis at the outset is essential.
The District of Columbia provides for wrongful death claims under its Wrongful Death Act, in Sections 16-2701 and following of the D.C. Code, and separately allows a survival action under Section 12-101 that continues claims the deceased person could have brought. The wrongful death action is generally brought by the personal representative for the benefit of the statutory beneficiaries, and the District sets a filing deadline of two years from the date of death for the wrongful death claim.
The District follows the doctrine of contributory negligence, one of the strictest fault rules in the country, under which a plaintiff found even slightly at fault can be barred from recovering. A statutory exception softens this rule for pedestrians, cyclists, and other vulnerable road users injured in vehicle collisions.
The interplay between the wrongful death claim and the survival action, and the strict deadlines, make prompt and knowledgeable handling important.
The firm handles these matters with sensitivity to what a family is going through, while pursuing the claim with the rigor it demands. That includes establishing liability, identifying every source of recovery, and documenting the full measure of the family's loss.
Alec Kohn litigated high-stakes civil matters at a prominent civil litigation firm before founding his own practice. You work directly with the attorney handling the case, and the firm is reachable 24 hours a day.
The figures on this page are drawn from the following primary and secondary sources. Statutes and penalties change; this summary is reviewed by the firm and is not a substitute for legal advice on your specific matter.
