When a Brain Injury Takes a Life, Your Family Has Rights

Wrongful Death After a Fatal Brain Injury: A Guide for Grieving Florida Families

Did a loved one die from a brain injury caused by someone else’s carelessness in Florida? Your family may have a wrongful death claim. Florida law lets the estate ask for money for the family’s losses. It also holds the responsible party accountable. This page explains, in plain language, who can file, what families can recover, and the deadlines that matter.

We know no legal guide can ease your grief. Our goal is simple. We want to help you understand your options and your next steps, at your own pace. This is a starting point, not legal advice for your situation. Reading it puts you under no obligation to do anything at all.

When a Brain Injury Becomes a Fatal Loss

A severe traumatic brain injury (TBI) is a serious head injury. It can take a life in minutes. Or it can take a life after days, weeks, or months of critical care.

Some families lose a loved one at the scene. Others keep watch in a neuro-ICU. There, they may be asked to weigh a doctor’s guidance about ventilators and brain-death testing. Both losses are devastating. Both may lead to a claim.

The families we talk with almost never start with legal words. They start with the last normal morning. The phone call. The hospital hallway. The funeral they are somehow supposed to plan.

If that is where you are right now, you do not need the right words or a decision. You only need to know two things. The law protects a window of time. And you can learn what your family is owed when you are ready.

Fatal brain injuries that lead to claims often come from truck crashes, other serious accidents, medical mistakes, or a violent attack on a property that failed to keep people safe.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim is a civil case. Families bring it when someone dies because of another party’s carelessness or wrongful act. It seeks money for the family and the estate. It does not seek jail time for anyone.

This claim is separate from any criminal case. A wrongful death claim can move forward even if no one is ever arrested or charged. The two systems have different rules and goals. A criminal case punishes wrongdoing. A civil case pays your family for their losses.

Florida’s rules come from the state’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26. The Act opens with a statement of purpose (§ 768.17). It says “the wrongdoer, rather than the survivors of the deceased, bear the burden” of a wrongful death. You do not need to memorize the statute. You just need to know it exists to protect grieving families.

Who Can File a Wrongful Death Claim in Florida

In Florida, only the personal representative of the deceased person’s estate files the claim. See Fla. Stat. § 768.20. That one person files on behalf of everyone who suffered a loss.

Even though one person files, the claim recovers for the whole surviving family. Under § 768.18, “survivors” can include:

• The surviving spouse
• The children (a “minor child” means under 25 for these purposes)
• The parents
• Blood relatives and adoptive siblings who depended on the deceased for support or services, in part or in full

The personal representative is usually named in the will. If there is no will, the probate court appoints someone. This is often a close family member. This step can feel confusing in the middle of grief. A lawyer can explain how the representative is chosen. A lawyer can also explain who qualifies to recover in your family’s case.

Common Causes of Fatal Brain Injuries That Lead to Claims

These claims usually share one thread. Someone else failed to act reasonably, and a person died as a result.

Truck and other serious crashes

Large trucks carry huge weight at highway speeds. A fully loaded tractor-trailer can weigh up to 80,000 pounds. That is roughly 20 times a typical car. The U.S. National Highway Traffic Safety Administration reports that large-truck crashes remain a leading source of severe head injuries on U.S. roads. See NHTSA’s Fatality and Injury Reporting System, FARS. When a driver, trucking company, or maintenance provider was careless, the family may have a claim. Learn more on our truck accidents page.

Falls and unsafe property conditions

A fall from a height or onto a hard surface can cause a deadly brain injury. Property owners must keep their property reasonably safe for the people they invite in.

A violent attack on unsafe property

Picture this. Someone is followed into a poorly lit apartment parking garage. Or attacked outside a store, a gas station, an ATM, or a hotel. The security cameras had been broken for months. The entry gate never latched. They are assaulted, shot, or beaten, and they die from a head injury.

Maybe the property owner knew the area was dangerous. Or should have known. And they did nothing about broken locks, dead lighting, missing cameras, or the security guards they promised but never provided. If so, your family may have a claim against that owner.

Lawyers call this negligent security. It is a type of unsafe-property claim (inadequate-security premises liability). The main question is simple. Was the harm foreseeable? And could reasonable security have prevented it? You can read more on our negligent security page.

Medical negligence

Sometimes a brain injury is survivable. But a hospital or doctor fails to spot a bleed, watch the pressure, or treat it in time. When that failure causes death, the family may have a claim. Florida requires a review and notice process before you can sue in these cases. That is why medical negligence claims move on their own timeline.

What a Florida Wrongful Death Claim May Recover

Florida law splits recovery into two buckets. First, the survivors’ personal losses. Second, the estate’s losses. Every case is different, and no result can be promised. Still, it helps to see what the law allows.

Surviving family members may seek (§ 768.21):

• Loss of support and services the loved one provided
• Loss of companionship and guidance. For a spouse, this means the loss of protection and companionship. For a child, it means the loss of a parent’s guidance.
• Mental pain and suffering from the death
• Medical and funeral costs a survivor paid because of the injury and death

The estate may recover other losses. These include the deceased person’s lost earnings from the date of injury to death. They also include funeral and medical costs charged to the estate. Finally, they include net accumulations. This is the money the person likely would have saved or built over a normal working life. In cases like these, lawyers often work with economists and vocational experts. These experts help show what a life’s work would have provided a family.

One Florida rule can change the number: comparative fault. Under Fla. Stat. § 768.81, Florida now follows a modified comparative negligence rule. If a claimant is found more than 50% at fault, they generally recover nothing. And any recovery is reduced by the deceased’s share of fault. This changed in March 2023. Before then, Florida used a pure comparative system. That is why the date of the incident matters.

Deadlines: Florida’s Statute of Limitations for Wrongful Death

A statute of limitations is a legal deadline to file. For claims arising on or after March 24, 2023, Florida generally gives families two years to file a wrongful death claim based on negligence. See Fla. Stat. § 95.11. For incidents before that date, a different deadline may apply. That is another reason to confirm the timeline.

Some situations carry shorter or different deadlines:

• Claims against a government entity usually require a written notice of claim long before any lawsuit. They often carry extra limits on damages too.
• Medical negligence cases have their own review rules and timing.

Missing a deadline can end a valid claim before it starts. Acting sooner also protects the case itself. Security footage is often erased within days. Electronic truck data and driver logs are kept only for set periods. And witnesses’ memories fade. Reaching out early gives your family time to make careful decisions, not rushed ones. A lawyer can confirm the exact deadline that applies to you.

Steps a Grieving Family Can Take Now

You do not have to solve everything today. A few simple steps can protect your family’s rights while you grieve.

• Keep documents. Save medical records, the crash or police report number, bills, and any letters or emails.
• Track expenses. Save receipts for medical and funeral costs. Note who paid them.
• Save insurer messages. Write down names, dates, and what was said in every call.
• Don’t sign quickly. An insurer may offer a fast settlement or ask you to sign a release. A quick check rarely reflects a family’s true losses. And signing can close the door for good.

How CHG Personal Injury Lawyers Can Help

CHG Personal Injury Lawyers handles catastrophic injury and wrongful death cases. We are based in Florida and take cases nationwide. That includes Miami, Orlando, Tampa, and Jacksonville. Our team focuses on serious, life-altering losses. This includes fatal brain injuries from truck crashes, unsafe property, and medical negligence.

You do not have to be ready to hire anyone to talk to us. Many families call simply to learn if they have a claim and what the deadlines are. If you decide to move forward, we carry the legal weight for you. That means gathering records, sending letters to preserve footage and truck data, dealing with insurers, and explaining each step in plain words. We offer support in English and Spanish (atención en español), so language is never a barrier.

You can contact us for a free case evaluation whenever you are ready. There is no cost and no obligation to talk. For general guidance on choosing a lawyer, The Florida Bar also offers consumer resources.

Related Resources

• Traumatic brain injury: an overview
• TBI rehabilitation explained
• Lost earning capacity after a brain injury
• Family checklist after a severe brain injury

Frequently Asked Questions