Wrongful Death | Florida Families
When a FedEx Truck Takes a Loved One, Your Family Deserves Answers
A plain-language guide for Florida families on wrongful death claims arising from FedEx truck crashes, and the steps you can take to protect your rights and your loved one's memory.
By CHG Lawyers · Published November 3, 2026
When a FedEx Truck Crash Takes a Loved One’s Life
A wrongful death lawsuit lets a Florida family seek compensation after a fatal crash. It is a civil case, separate from any criminal case. The family brings it to recover the losses the death caused.
You may be grieving as you read this. You may also be trying to learn what happened on the road. You don’t have to answer every question today.
In Florida, these cases often involve:
- A FedEx delivery truck or FedEx Freight truck that hits a car, SUV, motorcycle, or pedestrian
- A multi-vehicle crash where a FedEx-linked truck was one of the vehicles
- A crash tied to road conditions, a work zone, or a truck that failed mechanically
The Florida Wrongful Death Act sets out who can sue and what they can recover. This guide explains those rules in plain words. It is for information only. Every case turns on its own facts, and no result is promised.
If a FedEx truck crash took someone you love, you may be weighing whether to file a claim, and we can talk through those choices with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Who Can File a Wrongful Death Lawsuit in Florida
The decedent’s personal representative files the claim for the survivors and the estate. The personal representative is the person who handles the deceased person’s estate. Under Fla. Stat. § 768.20, the case is brought for the benefit of the survivors and the estate.
Florida defines “survivors” in Fla. Stat. § 768.18. Survivors include:
- The decedent’s spouse
- The decedent’s children (a child born out of wedlock is included through the mother, but through the father only if he has recognized a responsibility for the child’s support).
- The decedent’s parents
- Blood relatives or adoptive brothers and sisters who depended on the decedent for support or services
Florida treats children under 25 as minor children for this law, even if they are adults in other settings.
Families often find this part confusing. Who serves as personal representative matters. The steps to appoint one can take time, and a lawyer can explain how that works in your situation.
Who May Be Liable in a FedEx Truck Wrongful Death Case
Several parties can be responsible, including the driver, the company behind the truck, and anyone whose actions added to the crash. Fault is decided on the evidence, not on the label on the truck.
- The driver. Fault can involve speeding, distracted driving, fatigue, or an unsafe lane change.
- FedEx or the operating company. Lawyers look at how the company hired, trained, supervised, scheduled, and maintained the truck. Whether the driver was an employee or a contractor turns on the facts, and that question is reviewed early.
- Maintenance providers or parts makers. A brake, tire, or other mechanical failure can play a role.
- Other drivers, road or construction contractors, and government agencies. Roadway or work-zone conditions can contribute to a crash.
Florida courts enter judgment against each liable party based on that party’s share of fault, not joint liability, under Fla. Stat. § 768.81. Claims against a state or government agency follow special limits. Under Fla. Stat. § 768.28, the state’s liability is capped at $200,000 per person and $300,000 per incident.
Useful evidence includes the crash report, driver logs, vehicle data, dash-camera video, maintenance records, and witness statements.
What a Family Can Recover in a Florida Wrongful Death Claim
Florida law lets survivors and the estate seek several kinds of damages. These include lost support and services, lost companionship, and mental pain and suffering in certain cases. The categories below come from Fla. Stat. § 768.21.
- Lost support and services. Each survivor may recover the value of support and services the decedent would have provided.
- Loss of companionship. A surviving spouse may recover for lost companionship and protection, plus mental pain and suffering.
- Children’s losses. Minor children may recover for lost parental companionship, instruction, and guidance.
- Medical and funeral bills. A survivor who paid these costs may recover them.
- Estate losses. The personal representative may recover for the estate the decedent’s lost earnings from injury to death, less lost support of survivors excluding contributions in kind.
The amounts depend on who the survivors are and the facts of the crash. No one can say in advance what a claim is worth.
Florida also requires that all potential beneficiaries of a wrongful death recovery, including the decedent’s estate, be identified in the complaint, along with their relationships to the decedent.
How Long a Family Has to File in Florida
Florida sets filing deadlines, and a missed deadline can bar a claim. The time limits come from Fla. Stat. § 95.11, which sets the limits for different kinds of actions. Claims against government agencies can follow different timing rules.
Evidence also has its own clock. For crashes that resulted in death, personal injury, or any indication of complaints of pain or discomfort by any party or passenger, a Florida Traffic Crash Report, Long Form must be completed and submitted to the department within 10 days after the law enforcement officer completes the investigation, under Fla. Stat. § 316.066. Parties to the crash and their legal representatives can then access it.
Deadlines apply to your family’s case. Don’t assume you have time to wait. Contact a lawyer promptly so the crash report, the estate paperwork, and other evidence can be preserved.
What to Expect: Steps in a FedEx Truck Wrongful Death Case
Most cases move through five stages, from the first conversation to a resolution. Each stage builds on the one before it.
- Free consultation. You share the crash details, your questions, and your timeline. The first consultation is free, confidential, and without obligation to continue.
- Evidence preservation. The firm requests the crash report, vehicle data, and maintenance records. Federal rules require commercial drivers to record their duty status for each 24-hour period and bar false reports, as set out in 49 C.F.R. § 395.8.
- Identifying parties. The firm confirms who can bring the claim, who may be liable, and which insurers are involved.
- Filing. If the claim does not resolve, a lawsuit is filed within Florida’s deadlines. Discovery, the formal exchange of evidence, can take many months.
- Negotiation, mediation, or trial. The family stays informed at each stage and decides whether to accept any offer.
Timelines vary and depend on the facts. CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Why Families Turn to CHG Personal Injury Lawyers
CHG Personal Injury Lawyers is a Florida-based personal injury firm. It serves families across Florida, including Miami, Orlando, Tampa, and Jacksonville.
- Our lawyers are licensed in Florida and admitted to The Florida Bar.
- Igor Hernandez is the responsible lawyer for this page.
- The firm handles truck accident cases, including claims involving FedEx and Amazon delivery trucks, along with car accidents and wrongful death claims.
- The firm publishes bilingual English and Spanish guides for Florida families.
- Our team explains each step in plain language, so you know what comes next.
Common Questions About FedEx Truck Wrongful Death Lawsuits
Most families ask the same few questions in the weeks after a fatal crash.
Can we sue FedEx if the driver was a contractor?
Yes, a claim may be possible, but the answer turns on the relationship and the facts. That question is reviewed early in the case.
Do we have to go to trial?
No. Some cases resolve without a trial, and the family decides whether to accept any offer.
Does shared fault stop a claim?
In a negligence action to which this section applies, Florida law bars recovery for a party found more than 50 percent at fault for their own harm, under Fla. Stat. § 768.81, but this does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766. Any fault finding is decided case by case.
What should we do in the first days?
Keep photos, receipts, and messages about the crash. Write down what you remember while it is fresh, and avoid posting about the crash online.
Talk With the Firm About Your Family’s Situation
You may be researching this while grieving a loss you did not choose. You may be doing it for a parent, spouse, or child. The decision in front of you is whether to pursue a wrongful death claim against FedEx or another party, and when to start.
If you want to talk through what happened and the deadlines, contact CHG Personal Injury Lawyers for a free, confidential consultation with no obligation to continue.
How Our Firm Can Help Your Family
Compassion First
We understand that a sudden death leaves your family with grief, questions, and daily responsibilities. We work to take the legal burden off your shoulders so you can focus on each other.
A Careful Review of the Facts
Crashes involving commercial delivery trucks often involve driver records, company policies, maintenance logs, and crash data. We look closely at these details as part of the review of your family's case.
Florida Law Applied to Your Case
Our firm is Florida-based and represents families throughout Florida. We explain how Florida's wrongful death rules may apply to your loved one's situation.
Clear Communication
We explain each step in plain language and keep you informed, so you always know where your case stands.
Important: Act Promptly
Deadlines apply to wrongful death claims in Florida, and evidence from a truck crash, such as electronic logs, dash-camera footage, and vehicle data, can be lost over time. Please contact our firm as soon as you are able so the key facts can be preserved.
Questions Families Often Ask
Can we sue FedEx if the driver was a contractor?
We review this question early in the case.
Do we have to go to trial?
No. Some cases resolve without a trial. Your family decides whether to accept any offer.
What if the crash was partly our loved one's fault?
Shared fault can affect a claim, so the details matter. Bring every question to us and we will explain how Florida law may apply to your family's situation.
What does it cost to talk with your firm?
Your first consultation is free, confidential, and comes with no obligation to continue. Our firm charges no fees unless there is a recovery.