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Wrongful Death Claims in Brevard County: What Families Need to Know

Losing a loved one is a painful thing. To lose them through the negligence of others can bring a sense of anger and frustration alongside of mourning. In Florida, the Wrongful Death Act (Florida Statutes §§ 768.16–768.26) gives certain family members the right to seek compensation and accountability through a wrongful death claim. If your family is facing this situation in Brevard County in 2025, here’s what you need to know.

What Qualifies as a Wrongful Death in Florida?

Under Florida law, wrongful death is defined as a death caused by negligence or intentional acts of another person. It can also be defined as a death caused by faulty products, dangerous premises or malpractice. Common occurrences are auto accidents, slip and fall, medical malpractice and even food poisoning.

Who Can File a Wrongful Death Lawsuit?

The state of Florida is strict about who can file for wrongful death. The decedent must be closely related (parent, spouse, or dependent blood or adoptive relatives. If you’re a fiancé, long-term partner, or stepchild who wasn’t legally adopted, you unfortunately have no standing under current Florida law (as of 2025).

What Damages Can Families Recover?

Survivors are entitled to seek compensation for lost wages, loss of companionship, medical and funeral expenses, pain and suffering, and net accumulations (what the estate would have saved or accumulated). The total amount can be discussed with your attorney. They will help you arrive at a number that is appropriate and attainable.

Important note: Florida’s tort reform (HB 837, effective March 2023) still caps non-economic damages in medical malpractice wrongful death cases and imposes stricter rules on evidence of medical bills. These caps and rules remain in effect unless the legislature changes them in the 2025 session.

Statute of Limitations

It is important to get your lawsuit filed within 2 years of death. There is a strict statute of limitations in Florida in regard to wrongful death. Missing this deadline almost always bars the claim forever. There are rare exceptions (fraud, concealment, or the defendant leaving the state), but you cannot count on them. Contact an attorney immediately.

Most wrongful death cases are filed in the 18th Judicial Circuit Court in Viera (Moore Justice Center) or Titusville.

Hiring aa Wrongful Death Attorney in Brevard County

It is imperative that you hire an attorney who specializes in wrongful death law in Brevard County. This is not the time to have a novice representing you. An attorney who specializes in wrongful death knows exactly what steps to take and how to handle your case from start to finish.