Steven A. Bagen | September 9, 2025 | Personal Injury
Recent changes to the Florida Wrongful Death Act, particularly those enacted through major tort reform, have fundamentally altered the landscape for families seeking justice. The most significant of these is the shortening of the statute of limitations for general negligence claims from four years to two.
This reduction creates a much tighter timeframe for families to take legal action after the devastating loss of a loved one. These updates require careful review to protect a family’s rights to pursue a claim. A Gainesville wrongful death lawyer can guide you through these changes, explain how they affect your case, and help you take timely legal action.
The legal adjustments extend beyond deadlines, touching on fault issues and how courts calculate damages. These modifications introduce new complexities for surviving family members into an already difficult process.
Key Takeaways for Florida Wrongful Death Act Changes
- The general statute of limitations for filing a wrongful death claim in Florida is two years.
- Florida now follows a modified comparative negligence standard, which may bar recovery if the deceased person was more than 50% at fault for their fatal injuries.
- Governor DeSantis vetoed legislation passed in 2025 that would allow parents of unmarried, childless adult children and adult children over 25 to sue for non-economic damages in medical malpractice wrongful death cases.
- New rules now govern how damages for medical expenses are calculated and presented in court, limiting evidence to amounts actually paid, not just billed.
- The personal representative of the deceased’s estate is the only party authorized to file a wrongful death lawsuit on behalf of all eligible survivors and the estate itself.
How HB 837 Transformed Wrongful Death Litigation
In March 2023, Florida enacted House Bill 837, a comprehensive tort reform package that introduced some of the most substantial changes to the Florida Wrongful Death Act in decades. The law’s provisions were designed to alter civil litigation across the state, and its effects on wrongful death cases are significant.
These reforms touch every aspect of a claim, from the initial filing deadline to the final calculation of damages. The stated goal of this legislation was to reduce supposedly frivolous lawsuits and applies to all causes of action filed after March 24, 2023.
For families dealing with the loss of a loved one, the practical effect is a more complex legal environment.
Statute of Limitations
While the 2023 tort reform created many changes, it didn’t shorten the statute of limitations for filing a wrongful death claim. Florida law has long required families to file these lawsuits within a strict two-year period from the date of their loved one’s death.
However, the law did reduce the statute of limitations for general negligence lawsuits from four years to two years. This change brings the deadline for most personal injury claims in line with the existing, stricter two-year rule for wrongful death.
The two-year window still puts immense pressure on families. Gathering evidence, identifying all responsible parties, and building a strong legal case demands time. Wrongful death settlements paid in Florida often depend on how quickly a claim is filed and supported with strong evidence. With only two years to act, families must not delay in seeking legal counsel to preserve their rights to pursue justice.
The clock generally begins running on the date of the person’s death, but there are some exceptions.
Florida’s Shift to Modified Comparative Negligence
A critical change to the Florida Wrongful Death Act involves how courts assign financial responsibility. Florida law previously operated under a pure comparative negligence system.
This rule allowed a family to recover damages even if their loved one was found partially at fault for the incident that caused their death, with the award reduced by their percentage of fault.
The law now enforces a modified comparative negligence standard, which acts similarly to the old model with an important distinction: Under this new system, a family cannot recover any damages if their loved one was more than 50% at fault for the fatal incident.
This shift makes proving fault even more contentious. The defense now has a strong incentive to argue that the deceased person bears the majority of the blame to avoid paying for damages.
This change doesn’t apply to wrongful death actions arising from medical negligence, which still use the pure comparative negligence standard.
Recent Efforts To Expand Rights for Survivors in Medical Malpractice Cases
For decades, a painful provision in Florida law prevented certain family members from recovering damages for pain and suffering in medical malpractice wrongful death cases. The average wrongful death settlement in these situations often varied widely, reflecting both the emotional loss and the financial impact on the surviving family members.
This rule, often called the “free kill” law, barred the parents of a deceased adult child and the adult children (over age 25) of a deceased parent from seeking non-economic damages if the deceased was unmarried and had no minor children.
Recent legislation aims to correct this long-standing issue, marking one of the most positive recent Florida Wrongful Death Act changes. In 2025, the Florida Legislature passed HB 6017 and SB 734 to repeal this 35-year-old restriction. However, Governor Ron DeSantis vetoed the efforts.
The Impact on Calculating Damages
The Florida Wrongful Death Act also establishes new, stricter standards for how courts calculate and present evidence of medical damages. Before these reforms, a claimant could often present the full billed amount of medical services to a jury, even if a much smaller amount was actually paid by health insurance.
This approach is no longer the standard. The new law mandates that evidence for past medical expenses is now limited to the amount paid by an insurer or the individual. For future medical expenses, evidence must show what amount would be considered necessary and reasonable, which is also part of the evidence needed to prove wrongful death and recover fair compensation.
This adjustment significantly affects the potential value of a wrongful death claim, as it can drastically reduce the figure a jury considers for medical losses. The goal was to stop inflated medical bills from driving up settlement values and jury awards.
Identifying Eligible Survivors After Florida Wrongful Death Act Changes
The Florida Wrongful Death Act specifically defines who qualifies as a survivor and is therefore eligible to benefit from a wrongful death claim. Only individuals who meet the statutory definition can recover compensation for their losses.
Survivors who may be eligible to recover damages include:
- Surviving Spouse: A spouse is the primary survivor; Florida law specifies that the key factor is the legal status of the marriage when the spouse dies. The Florida Supreme Court has clarified that even a spouse who marries the decedent after the initial injury occurs but before the death qualifies.
- Children: The decedent’s children are also survivors. This includes minor children, adult children, and legally adopted children.
- Parents: Parents may recover damages for the loss of a minor child. They may also recover for the death of an adult child, provided there are no other survivors, like a spouse or children.
- Dependent Relatives: Other blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services may also qualify as survivors.
The personal representative of the decedent’s estate must file the single wrongful death action. This one lawsuit is brought on behalf of all qualifying survivors and the estate itself to recover all damages. Individual survivors cannot file separate lawsuits.
How a Lawyer Helps With Florida Wrongful Death Act Changes
A Florida wrongful death lawyer provides critical assistance to families. Their role becomes even more vital given the recent legislative changes. An experienced attorney takes on the burden of the legal process, guiding you on how to file a wrongful death suit while allowing your family to focus on healing.
Here is how a lawyer can specifically help with your claim:
- Meeting the Statute of Limitations: A lawyer swiftly acts to protect your family’s right to pursue justice by filing your wrongful death lawsuit within the two-year deadline.
- Countering Comparative Fault Arguments: The defense will work hard to shift blame to your loved one to bar you from recovery. An attorney builds a powerful case, gathering evidence to prove the defendant’s liability and minimize any allocation of fault to the deceased.
- Calculating Damages: A lawyer works with economic experts to accurately calculate and prove your family’s financial losses according to the standards for presenting medical damages.
- Identifying All Eligible Survivors: An attorney correctly identifies every family member who qualifies as a survivor under the Florida Wrongful Death Act, ensuring all potential beneficiaries are included in the claim.
- Advocating for Your Family: A wrongful death attorney handles all communications with insurance companies and defense lawyers, represents you in settlement negotiations, and can take your case to trial if a fair offer isn’t made.
FAQ for Florida Wrongful Death Act Changes
How Do the Florida Wrongful Death Act Changes Impact Existing Cases?
The major changes, such as the modified comparative negligence rule, apply to causes of action filed after the effective date of HB 837, which was March 24, 2023. If a wrongful death case was filed before this date, the previous four-year statute of limitations and pure comparative negligence rules would generally apply. Families affected by recent legislative updates should hire the best wrongful death lawyer to navigate these changes and protect their right to compensation.
Any incident causing a death after this date falls under the new, stricter regulations.
Can Parents Still Sue for the Wrongful Death of an Adult Child?
Yes, parents of a deceased adult child can sue for wrongful death in Florida, but their ability to recover certain damages depends on the circumstances. They may recover compensation for pain and suffering if there are no other survivors, such as a spouse or children.
Who Can File a Wrongful Death Lawsuit in Florida?
Under the Florida Wrongful Death Act, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. The personal representative, often a family member named in a will or appointed by a probate court, brings the single legal action.
This action is on behalf of all the deceased’s eligible survivors and the estate itself.
What Kind of Damages Can a Family Recover in a Wrongful Death Claim?
Survivors may recover damages for both financial losses and emotional suffering. The specific damages depend on the survivor’s relationship to the deceased.
Examples include the value of lost support and services, loss of companionship and protection for a spouse, loss of parental companionship and guidance for children, and mental pain and suffering for close relatives.
The estate can also recover damages, such as lost wages the deceased would have earned and medical or funeral expenses paid by the estate.
How Does the Court Appoint a Personal Representative for an Estate?
The court appoints a personal representative through a formal process in probate court. If the deceased person left a will, it likely nominates a personal representative, and the court will typically honor that choice.
If the person died without a will, Florida law sets an order of preference, usually starting with the surviving spouse, followed by the person selected by a majority of the heirs.
A person who wishes to serve must petition the probate court, which will review the request and can formally grant the legal authority to manage the estate.
Your Path to Rebuilding
Moving forward after a tragic loss requires immense strength. The legal journey ahead may seem complicated by the recent Florida Wrongful Death Act changes, but you don’t have to face it alone. Protecting your family’s legal rights is a powerful step toward securing your future and honoring your loved one’s memory.
The team at Steven A. Bagen & Associates, P.A. has been Fighting For Florida’s Injured for over 40 years, recovering hundreds of millions of dollars for clients. Call (800) 800-2575 for a free, no-obligation consultation.