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Florida accident type

Wrongful death after a Florida crash

When a crash takes a life, Florida lets the estate and close family recover for the loss. One person brings the claim for everyone, and the clock is two years.

Written by the After Crash Florida content teamLegal review: not performed, general information onlyLast reviewed: November 12, 2026Jurisdiction: Florida

The short answer

A Florida wrongful death claim is brought by the personal representative of the estate, for the estate and the survivors, within two years of the death. PIP pays a $5,000 death benefit regardless of fault.

Source: Florida Statutes § 768.20; § 768.21; § 95.11(5)(e); § 627.736(1)(c)

Quick check

What a survivor may recover

The personal representative brings one claim that covers every survivor.

§ Florida Statutes § 768.21

The estate

What the estate itself may recover

1

Medical and funeral costs

Paid by the estate, or by a survivor who paid them.

2

Lost earnings

The earnings the person would have had from the injury to the date of death.

3

Lost net accumulations

What the person would likely have saved and left to the estate.

§ Florida Statutes § 768.21(5), (6)

First steps

What families usually do first

  1. Week 1 Death certificate and crash report Both are needed to open the claim. Florida Statutes § 316.066
  2. Month 1 Open the estate A personal representative is appointed by the probate court, often a spouse or adult child. Florida Statutes § 733.301
  3. Month 1 to 3 Notify insurers Including the PIP death benefit claim and any uninsured motorist coverage. Florida Statutes § 627.736
  4. Within 2 years File suit if needed The two-year clock runs from the date of death. Florida Statutes § 95.11(5)(e)

Fault

How shared fault changes the number

Since March 24, 2023 Florida bars recovery for anyone more than 50% at fault. At 50% or below, damages are cut by that share.

§ Florida Statutes § 768.81(6)

Deadlines

The clocks that apply

Claim
Deadline
Source
Negligence (crash on or after March 24, 2023)
Two years
Source: Florida Statutes § 95.11(5)(a)
Wrongful death
Two years from the date of death
Source: Florida Statutes § 95.11(5)(e)
PIP treatment, where PIP applies
Within 14 days of the crash
Source: Florida Statutes § 627.736(1)(a)

§ Florida Statutes § 95.11

Common questions

Questions people ask about Florida wrongful death accidents

Sources

What this page is built on

Items marked are waiting for a final check before launch.

Source: Florida Statutes § 768.16 to § 768.26Source: Florida Statutes § 627.736Source: Florida Statutes § 95.11Source: Florida Statutes § 733.301Source: Florida Statutes § 768.81

Keep reading

Where to go next

Editorial information

Who wrote and checked this page

  • Written by: After Crash Florida content team
  • Legal review: not performed, general information only
  • Last reviewed: November 12, 2026
  • Corrections: see the Correction Policy

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