What damages are available in a wrongful death case?

Damages divide between the estate and the survivors.

The estate may recover lost earnings from the date of injury to death, the loss of prospective net accumulations in defined circumstances, and medical and funeral expenses paid by the estate.

Survivors may recover loss of support and services, and — depending on their category — loss of companionship and protection, and mental pain and suffering. A surviving spouse and minor children have the broadest recovery.

⭐ The medical negligence bar. Florida law prevents certain survivors from recovering non-economic damages in wrongful death claims arising from medical negligence. It has been the subject of repeated repeal efforts, reported to have failed in both 2025 and 2026, and it remains in effect.

The framing question is often the whole case. The bar applies to claims arising from medical negligence as legally defined. A death in a healthcare setting caused by ordinary negligence — an unsafe premises condition, a security failure, or staffing negligence not involving professional medical judgment — may fall outside it. Nursing home deaths are governed by a different statute.