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.
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§ Florida Statutes § 768.21
The estate
What the estate itself may recover
Medical and funeral costs
Paid by the estate, or by a survivor who paid them.
Lost earnings
The earnings the person would have had from the injury to the date of death.
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
- Week 1 Death certificate and crash report Both are needed to open the claim. Florida Statutes § 316.066
- Month 1 Open the estate A personal representative is appointed by the probate court, often a spouse or adult child. Florida Statutes § 733.301
- Month 1 to 3 Notify insurers Including the PIP death benefit claim and any uninsured motorist coverage. Florida Statutes § 627.736
- 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.
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§ Florida Statutes § 768.81(6)
Deadlines
The clocks that apply
§ 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.
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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