Wrongful Death
Claims in Sarasota
Your Guide to Seeking Justice After a Loved One’s Loss
Losing a loved one due to a tragic incident in Sarasota, whether in areas like Siesta Key or at public spaces like Bayfront Park, is a devastating experience. Our goal is to help Sarasota residents stay informed about support options during difficult times. For emotional or legal concerns, residents should consult directly with licensed grief counselors, mental health professionals, or attorneys, as appropriate.
By understanding available resources and support systems, families can find assistance in coping with loss. This guide provides general information on support services and highlights Sarasota-based resources to help residents navigate these challenges.
KEY FACTS ABOUT WRONGFUL DEATH CASES IN SARASOTA FLORIDA
Wrongful death claims in Florida arise when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party, as defined under Florida Statutes § 768.19. This allows survivors to seek compensation for their losses.
Only the personal representative of the deceased’s estate (often a spouse, family member, or appointed executor) can file the lawsuit on behalf of all eligible survivors, including the surviving spouse, minor children, parents, and dependent blood relatives.
Survivors who can recover include the spouse (for loss of companionship and protection), minor children under 25 (for lost parental guidance and support), parents of a deceased minor (for mental pain and suffering), and in some cases, adult children or parents if there are no other survivors.
You generally have two years from the date of death to file a wrongful death lawsuit in Florida, as per Florida Statutes § 95.11(4)(d). Missing this deadline can bar the claim entirely, though exceptions exist for fraud or certain medical malpractice scenarios.
In May 2025, Florida passed SB 616, known as the “Keith Davis Family Protection Act,” which repeals a 35-year-old restriction preventing adult children (over 25) and their parents from recovering non-economic damages in wrongful death cases stemming from medical negligence. This opens the door for more families to seek compensation in med mal-related deaths.
Economic damages cover tangible losses like medical bills, funeral expenses, lost wages, and future earnings the deceased would have provided. Non-economic damages include intangible harms such as pain and suffering, loss of companionship, and mental anguish for survivors.
Florida does not impose a general cap on economic damages in wrongful death cases, but non-economic damages in medical malpractice wrongful deaths are capped at $500,000 per claimant against practitioners (with higher limits in some scenarios) under Florida Statutes § 766.118. The 2025 changes expand who can claim these without adding new caps.
Florida follows a modified comparative negligence system, where if the deceased was partially at fault (e.g., 40% responsible), damages are reduced by that percentage. However, if fault exceeds 50%, recovery may be barred entirely in non-med mal cases.
For deaths due to medical negligence, claims must comply with Chapter 766, including pre-suit notice requirements, expert affidavits confirming merit, and a 90-day investigation period. The statute of limitations can extend up to four years in discovery cases but is tolled during department reviews.
Under the new 2025 statute § 768.0427, evidence of medical expenses in wrongful death actions must reflect amounts actually paid or owed, not inflated billed amounts. Letters of protection (from attorneys guaranteeing payment) must be disclosed, and past recoveries can be adjusted based on collateral sources.
If the at-fault party dies before or during the lawsuit, the claim proceeds against their personal representative or estate, and defenses that would apply to the wrongdoer (like comparative fault) still reduce potential recovery.
Plaintiffs must prove negligence or wrongdoing by a preponderance of the evidence (more likely than not), including that the defendant’s actions directly caused the death and resulting damages. Expert testimony is often crucial, especially in complex cases like auto accidents or product liability.
Many wrongful death claims settle out of court to avoid lengthy trials, but if litigated, Florida courts prioritize jury trials. Settlements must be approved by the court if minors are involved as beneficiaries.
Florida allows contingency fee arrangements (typically 33-40% of recovery), regulated under Florida Bar rules. Victims’ families should consult attorneys experienced in wrongful death to navigate statutes and maximize compensation without upfront costs.
Families can access support through organizations like the Florida Justice Association or local bar referrals. For official statutes, refer to the Florida Legislature’s website. Early consultation with a lawyer is key, as evidence (like accident reports or medical records) can degrade over time.
Understanding Wrongful Death
Wrongful death incidents in Sarasota may result from various causes, such as accidents on roads like Fruitville Road, medical errors in facilities near Palmer Ranch, or other preventable tragedies. Wrongful death claims under Florida’s Wrongful Death Act (Florida Statute 768.21) arise when negligence like a drunk driver or unsafe site causes a fatality.
Common Causes and Legal Options
Traffic Fatalities
The Loss
Car, truck, or pedestrian crashes like 62 in Sarasota County, 2022.
The Law
Survivors (spouse, kids, parents) claim lost support and grief.
Sarasota Case
A 2025 hit-and-run killed two kids families pursue justice.
Workplace Deaths
The Loss
Falls or machinery like a roofer off Bee Ridge take lives.
The Law
Work comp plus PI if a third party’s at fault (e.g., $1M settlement).
Premises Deaths
The Loss
Pool drownings or assaults at hotels like near Lido Beach.
The Law
Negligence claims against owners full damages possible.
Florida’s Wrongful Death Rules
Who Can Sue
Immediate family or estate.
Damages
Lost income, companionship, funeral costs.
Time Limit:
2 years (Florida Statute 95.11).
What to Do After a Wrongful Death
Get Records
Death certificate, crash reports.
Gather Evidence
Save Costs
Call an Attorney
Emotional and legal weight needs expertise.
Mistakes to Avoid
Lack of evidence, missing the two-year deadline, or going without legal guidance can undermine a claim. Delaying medical care, skipping follow-ups, or posting online may also reduce compensation. Consistent documentation and timely action help keep your claim strong.
Getting Your Recovery
Residents can seek support through local organizations and report concerns to authorities. Resources like the Sarasota County Health Department offer health-related support, while the Sarasota County Bar Association can assist in finding licensed attorneys for legal guidance. For grief support, consider contacting local services.
Quick Facts
| Cause | Key Rule |
| Traffic | Family claims lost support. |
| Workplace | Work comp + PI if third-party fault. |
| Premises | Negligence drives payout. |
| Time Limit | 2 years act fast. |
Looking For Information About Wrongful Death Claims in Sarasota?
From busy Sarasota roads to public spaces across the community, wrongful death incidents can impact families in life-changing ways. This resource is designed to provide residents with information about local support systems and available community resources.