Wrongful Death Law

FL Stat § 768.16 (2023)

768.16 Wrongful Death Act.—Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”
History.—s. 1, ch. 72-35; s. 105, ch. 2003-1.

FL Stat § 768.17 (2023)

768.17 Legislative intent.—It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.
History.—s. 1, ch. 72-35; s. 106, ch. 2003-1.

FL Stat § 768.19 (2023)

768.19 Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

Statute of limitations: Generally 2 years