Protecting Your Family’s Legacy and Future.

When a loved one is taken due to the recklessness of another, the emotional toll is overwhelming. In addition to the grief, families are often suddenly faced with funeral costs, loss of household income, and an uncertain future. At Pena Law Group, P.A., we believe that while no amount of money can replace a human life, a wrongful death claim is a vital tool for holding wrongdoers accountable and ensuring survivors are not left in financial ruin.

Florida’s Wrongful Death Act (Statutes 768.16–768.26) is complex. It requires a specific legal structure—beginning with the appointment of a Personal Representative—to bring a claim on behalf of the survivors and the estate. We handle the probate and litigation process from start to finish, allowing your family the space to grieve while we secure your rights.

Eligible Survivors Under Florida Law:

  • Surviving Spouses: Entitled to recover for loss of companionship, protection, and mental pain and suffering.
  • Minor Children (Under Age 25): Florida law specifically protects children under 25, allowing them to recover for the loss of parental companionship, instruction, and guidance.
  • Parents: May recover for mental pain and suffering following the loss of a minor child, and in specific circumstances, an adult child.
  • Dependent Relatives: Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services.

“We cannot bring your loved one back, but we can make sure the person or corporation responsible for their loss is held fully accountable under the law. We fight for the answers you deserve.”

— Ashley C. Pena, Esq.

Frequently Asked Questions

Who is allowed to file a wrongful death lawsuit in Florida?
Florida law requires that one person, known as the Personal Representative of the estate, files the lawsuit. This person is usually named in the deceased’s will; if there is no will, the court will appoint a representative (typically a spouse or close relative). This representative brings one single action for the benefit of all eligible survivors and the estate.
What is the 2026 Statute of Limitations for wrongful death?
In Florida, you generally have only two years from the date of the death to file a lawsuit. Because evidence like surveillance footage or vehicle data can be destroyed quickly, it is critical to begin the legal process as soon as possible to preserve the facts of the case.
Can we recover for the death of an unborn child?
Yes. Following 2026 legislative updates (such as SB 1506), Florida law now recognizes the rights of parents to recover certain damages for the wrongful death of an unborn child at any gestational age due to negligence.
What kind of "Damages" can be recovered?
Under Florida law, the compensation available in a wrongful death claim is divided into three distinct categories designed to address both the financial and emotional impact of a loss. Survivors may first pursue Economic Losses, which cover quantifiable costs such as lost financial support, the value of lost household services, and any medical or funeral expenses incurred. Beyond these financial calculations, the law allows for the recovery of Non-Economic Losses to address the profound human toll of the tragedy, including compensation for mental pain and suffering, the loss of a partner’s companionship, and the loss of parental guidance for surviving children. Finally, the claim may include Estate Damages to recover “net accumulations,” representing the future wealth and inheritance the deceased would have likely amassed and left to their loved ones had they lived a full life expectancy.