Someone I love was killed in Palm Beach County. Who has the right to file the claim?
Under Florida's Wrongful Death Act, a single claim is filed by the personal representative of the deceased person's estate, and it is brought for the benefit of both the surviving family and the estate (Fla. Stat. § 768.20). The family members the law calls survivors are the spouse, the children, the parents, and any blood relative or adoptive brother or sister who was partly or wholly dependent on the deceased for support or services (Fla. Stat. § 768.18). In most cases the lawsuit has to be filed within two years of the date of death (Fla. Stat. § 95.11).
Wolfson & Leon has represented injured people and families since 1963. The first consultation is free and can be in English or Spanish. The firm works on a contingency fee, with the percentage explained in writing before you sign, and it advances the costs of the case. The West Palm Beach office meets families by appointment; call 561-782-1585.
Who counts as a survivor under Florida's Wrongful Death Act?
Florida does not let each relative file a separate lawsuit. The Act (Fla. Stat. §§ 768.16–768.26) channels everything into one action, filed by the personal representative, that carries the claims of every survivor and of the estate together (Fla. Stat. § 768.20).
Survivors are defined in Fla. Stat. § 768.18: the spouse, children, and parents, plus blood relatives and adoptive siblings who depended on the deceased in whole or in part for support or services. For damages purposes, "minor children" means children under 25, regardless of the usual age of majority. An unmarried partner, a fiancé, or a close friend is not a survivor in their own right, although a partner may serve as personal representative and pursue the claim for the couple's children.
How does a Palm Beach County family get a personal representative appointed?
Through a probate case. When the person who died lived in Palm Beach County, a petition for administration is usually filed with the probate court of the Fifteenth Judicial Circuit. If there is a will, it typically names who should serve. Without a will, Florida gives preference first to the surviving spouse, then to a person chosen by a majority in interest of the heirs, and then to the heir nearest in relationship (Fla. Stat. § 733.301).
Relatives who live outside Florida can still serve if they are close family, such as a child, parent, spouse, brother, sister, aunt, uncle, niece, or nephew (Fla. Stat. § 733.304). Wolfson & Leon helps the family open the estate and get the personal representative appointed as part of the wrongful death case, and any settlement is then divided among the survivors as the court approves.
What can each member of the family recover?
Fla. Stat. § 768.21 sets out the damages relationship by relationship:
- Every survivor: the value of support and services lost from the date of the injury, with interest, and the support and services they would have received in the future.
- A surviving spouse: the loss of the deceased's companionship and protection, and mental pain and suffering.
- Children under 25, and all children if there is no surviving spouse: the loss of parental companionship, instruction, and guidance, and mental pain and suffering.
- Parents: mental pain and suffering when a child under 25 died; when the child was 25 or older, only if there are no other survivors.
- Whoever paid them: medical and funeral expenses, recoverable by the survivor who paid, or by the estate.
- The estate: the earnings lost between injury and death and, in some cases, the net accumulations the person would likely have saved over a normal lifetime.
What kinds of deaths in Palm Beach County lead to these claims?
Many begin on the county's highways and arterials: crashes on I-95 and Florida's Turnpike, on Okeechobee Boulevard, and on Southern Boulevard as it runs west toward Wellington, Loxahatchee, and Belle Glade; pedestrians and cyclists struck on Military Trail, Congress Avenue, or Dixie Highway; and collisions at the at-grade street crossings along the FEC rail corridor, which Brightline's trains share through downtown West Palm Beach and the rest of the county. Others come from boating on the Lake Worth Lagoon, the Intracoastal Waterway, and near the inlets; drownings at pools without proper barriers; unsafe property; defective products; and medical negligence.
Whatever the cause, the family must prove negligence the same way an injured person would. The Wrongful Death Act then decides who recovers and for what.
How long does the family have to file, and what can shorten the timeline?
The basic limit is two years from the date of death (Fla. Stat. § 95.11). Several situations add steps that have to fit inside that window. If medical care caused the death, the Chapter 766 presuit process applies first, and Fla. Stat. § 768.21(8) bars adult children (25 and older) and parents of an adult child from recovering non-economic damages; repeal bills in 2025 and 2026 did not become law, so that limit is still in effect. If a government body is involved, such as Palm Tran, the county, a city, or a public school bus, written notice under Fla. Stat. § 768.28(6) must be given before suit.
The estate also has to be opened before the lawsuit is filed, and the evidence fades: crash reports from PBSO, the Florida Highway Patrol, or a city police department, vehicle data, and video from nearby businesses are easiest to secure early. Families should call as soon as they feel able.
How is a wrongful death recovery measured and shared?
It is measured survivor by survivor. Under Fla. Stat. § 768.21, each survivor can claim lost support and services, and depending on the relationship, the loss of companionship, protection, or parental guidance and mental pain and suffering; whoever paid the medical and funeral bills can recover them; and the estate can claim lost earnings and, in some cases, net accumulations. Different limits apply when the death came from medical negligence (Fla. Stat. § 768.21(8)) or from a government agency's negligence (Fla. Stat. § 768.28).
Once there is a recovery, the personal representative proposes the allocation and the court approves it. On the first call, Wolfson & Leon walks through which of your relatives the law recognizes as survivors and what each of them may claim.
What decisions in the first weeks can hurt a wrongful death case?
- Accepting a settlement before the estate is open and every survivor is known. The agreement may not hold up, and early numbers are rarely complete.
- Letting the car be scrapped or the scene change before it is documented. The person who died cannot tell their side, so the physical evidence, vehicle data, and video do the talking.
- Assuming who can recover. An unmarried partner has no claim of their own, and an adult child's rights depend on how the death happened; ask before planning around it.
- Treating two years as plenty of time. Probate, and in medical cases the presuit process, both have to be completed before a lawsuit can be filed.
- Giving a statement to the at-fault side's insurer while the family is grieving and has no lawyer.
Key facts
- The personal representative brings the action for the benefit of the survivors and the estate. Source: Fla. Stat. § 768.20
- Survivors are the spouse, children, parents, and dependent blood relatives and adoptive siblings; minor children means children under 25. Source: Fla. Stat. § 768.18
- Recoverable damages include lost support and services, companionship and guidance, mental pain and suffering, and medical and funeral expenses. Source: Fla. Stat. § 768.21
- A settlement that a survivor objects to, or that affects a minor, requires court approval while the action is pending. Source: Fla. Stat. § 768.25
- A wrongful death lawsuit generally must be filed within two years after the death. Source: Fla. Stat. § 95.11
- When medical negligence caused the death, adult children and parents of an adult child cannot recover non-economic damages; this remains law in the 2026 Florida Statutes. Source: Fla. Stat. § 768.21(8)
Frequently asked questions
We lived together for years but never married. Do I have a claim?
Not for your own losses: the Act does not list an unmarried partner as a survivor. The children you share are survivors, and if you are appointed personal representative you can bring the claim on their behalf. Wolfson & Leon will tell you directly what the law allows in your situation.
An insurance adjuster is already offering the family money. Should we take it?
Not yet. The estate has to be opened, every survivor identified, and the full value of the claim understood first. While a case is pending, a settlement that any survivor objects to, or that affects a minor, is not effective without court approval (Fla. Stat. § 768.25). Early offers tend to come before anyone knows what the claim is worth.
Our family lives in another state. Can one of us be the personal representative?
Often yes. Florida lets a person who lives outside the state serve if they are a close relative, such as a child, parent, spouse, sibling, aunt, uncle, niece, or nephew of the person who died (Fla. Stat. § 733.304). Meetings and paperwork can largely be handled by phone and video.
What if the person who died was partly at fault?
The recovery is reduced by their percentage of fault, and in most negligence cases it is barred if they were more than 50% at fault (Fla. Stat. § 768.81). That bar does not apply when the death arose from medical negligence under Chapter 766. A police report's view of fault is not the final word.
How is the money split among family members?
The personal representative proposes how the recovery is allocated, based on each survivor's relationship and losses under Fla. Stat. § 768.21, and the court approves it. Wolfson & Leon explains the proposal to everyone involved and answers questions along the way.
What happens when you call
Someone from the firm picks up
Dial 561-782-1585 day or night. A person answers, in Spanish if you like; if you call in the small hours, we take your details and an attorney calls you early the next morning.
A short conversation about what happened
About 15 minutes: the date and place, whether a doctor has seen you, whether police wrote a report, and whether any insurer has reached out. No documents needed.
A straight answer
If it is a case the firm can take, we explain the next step and what to avoid in the meantime. If it is not, we say so plainly and point you to where else to turn.
Nothing up front
The firm works on a contingency fee, a percentage explained in writing before you sign. Meetings in West Palm Beach are by appointment, and if you cannot travel, a visit at home or in the hospital can be arranged.
Nothing published on this topic yet. Call the firm and ask your question directly.