Who are the wrongful death survivors in Florida?
Direct answer
Under the Florida Wrongful Death Act, “survivors” are defined by statute and generally include the decedent’s spouse, children, and parents, plus certain dependent blood relatives and adoptive siblings.[1] The class of survivors determines who may recover particular categories of wrongful-death damages in Florida.[2]
Governing law (Florida Wrongful Death Act)
Florida’s wrongful-death scheme is codified at Fla. Stat. §§ 768.16–.26 and is remedial and intended “to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”[3]
Who qualifies as a “survivor” in Florida
Statutory definition
The statute defines “survivors” as follows:
“Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.[1]
Practical list of survivor categories
A person is a “survivor” if the person falls into one of these categories:
- Surviving spouse.[1]
- Children (including certain nonmarital children as defined in the statute).[1]
- Parents.[1]
- Dependent relatives: any blood relatives and adoptive brothers and sisters who were “partly or wholly dependent” on the decedent for “support or services.”[1]
Related definitions that affect survivor status and damages
- “Minor children” means children under 25 (even though the age of majority is lower).[1]
- “Support” includes money and “contributions in kind.”[1]
- “Services” means household-type tasks regularly performed by the decedent that will be a necessary expense to survivors; the scope depends on the particular facts.[1]
Why “survivor” status matters (damages tied to survivor category)
Florida requires that “all potential beneficiaries” (including the estate) be identified in the complaint and that their relationships to the decedent be alleged.[2]
Damages commonly available to “survivors”
- All survivors: may recover the value of lost support and services (past and future, with future reduced to present value), with consideration of the relationship and the decedent’s probable net income available for distribution.[2]
- Surviving spouse: may recover loss of companionship and protection and mental pain and suffering from the date of injury.[2]
- Children:
- Parents:
- Medical/funeral expenses: may be recovered by a survivor who paid them.[2]
Estate-related recovery (not “survivor” damages, but part of the same case)
The personal representative may recover certain items for the estate, including (among other things) specified lost earnings and potentially “net accumulations,” depending on the existence of a surviving spouse/lineal descendants or, in narrower circumstances, a surviving parent.[2]
Key takeaways
- Florida’s definition of “survivors” is statutory and includes spouse, children, parents, plus dependent blood relatives and adoptive siblings.[1]
- “Minor children” is a special defined term meaning under 25, which affects who can recover certain noneconomic damages.[1][2]
- The type of survivor (spouse/child/parent/dependent relative) controls which damages are available.[2]
Note on litigation expenses
Attorneys’ fees and litigation expenses are addressed in Fla. Stat. § 768.26, generally providing that such expenses are paid by the personal representative and deducted from awards to survivors and the estate.[4]