The death of a spouse is one of life's most devastating experiences. When that death results from someone else's negligence—a drunk driver, a negligent doctor, a defective product—the grief is comp...
The death of a spouse is one of life's most devastating experiences. When that death results from someone else's negligence—a drunk driver, a negligent doctor, a defective product—the grief is compounded by a profound sense of injustice. As a surviving spouse in Florida, you have legal rights to hold the responsible party accountable and recover compensation for your tremendous losses. Understanding what Florida law provides for surviving spouses, how the legal process works, and what you can expect helps you make informed decisions during this impossibly difficult time.
The Unique Position of Surviving Spouses
Under Florida's Wrongful Death Act, surviving spouses occupy a unique position. You have standing to recover damages that other family members cannot—and your recovery isn't limited even when adult children also survive.
Florida law recognizes that losing a spouse impacts every aspect of your life. The person you shared your life with, made decisions with, raised children with, planned your future with—is suddenly gone. The law attempts to compensate for both the economic and emotional dimensions of this catastrophic loss.
As a surviving spouse, you may be (or may need to become) the personal representative of your spouse's estate. The personal representative is the only person who can file a wrongful death lawsuit, though the damages benefit all eligible survivors. If you're not named as personal representative in your spouse's will, the court will typically appoint you to that role in a wrongful death situation.
Damages Available to Surviving Spouses
Florida law allows surviving spouses to recover for several categories of damages:
Loss of companionship and protection represents the emotional aspects of your relationship—the love, comfort, companionship, society, and protection your spouse provided. This continues from the date of death through your own life expectancy.
Loss of support and services covers the financial and practical support your spouse provided—income, household services, childcare, and other contributions to family life.
Mental pain and suffering compensates for the grief, sorrow, and mental anguish you experience from losing your spouse. This is distinct from the loss of companionship—it's the emotional trauma of the loss itself.
Loss of consortium (in survival actions) may compensate for the intimate relationship lost between spouses, though Florida law handles this more restrictively than some states.
Medical and funeral expenses paid by the estate are recoverable.
Lost earnings of the deceased spouse from the date of injury through what would have been their retirement.
Net accumulations—what your spouse would have earned and saved over their working life—go to the estate.
Calculating Your Spouse's Economic Contribution
Determining the economic value of a lost spouse involves more than just their salary. A comprehensive analysis considers their total compensation including salary, bonuses, benefits, retirement contributions, and insurance, their projected career trajectory and raises, their household services if they handled childcare, home maintenance, or other unpaid labor, their expected work-life remaining, and adjustments for inflation and present value.
For non-working spouses, economic damages focus on the value of homemaking services—a substantial amount when properly calculated. Childcare, housekeeping, cooking, home management, and other services have real economic value that would cost money to replace.
Economic experts typically testify about these calculations. Their analysis supports the damages claim and counters defense arguments that seek to minimize your recovery.
The Emotional Dimensions of Loss
The non-economic damages—loss of companionship, mental pain and suffering—often exceed the economic losses, especially for long-married couples whose relationship formed the center of their lives.
These damages are harder to quantify but equally important. Evidence supporting emotional damages includes testimony about your relationship—how you met, your shared experiences, your daily life together, your plans for the future, letters, cards, photos, and videos documenting your relationship, testimony from family and friends about the marriage, and your own testimony about how the loss has affected you.
Juries award substantial damages for loss of consortium and companionship when they understand the depth of the relationship and the magnitude of the loss. Your attorney presents this evidence compassionately but effectively.
Navigating Grief While Pursuing Legal Action
Pursuing a wrongful death claim while grieving your spouse is emotionally challenging. You're asked to make decisions, provide information, and participate in a legal process while processing an enormous loss.
A compassionate attorney handles as much as possible so you can focus on grieving and caring for your family. They'll manage communication with insurance companies and defense attorneys, handle document gathering and legal filings, keep you informed without overwhelming you, be sensitive to your emotional state and timeline, and prepare you gently for depositions and potential trial testimony.
Many surviving spouses find that the legal process, while difficult, provides a sense of purpose and justice-seeking that aids healing. Holding the responsible party accountable gives meaning to the tragedy and can provide closure.
There's no wrong way to grieve, and no requirement to pursue legal action on any particular timeline (within the statute of limitations). Some families want to proceed immediately; others need time before engaging with the legal process. Your attorney should respect your needs.
How Compensation Is Distributed
In wrongful death cases, damages are awarded to specific beneficiaries according to Florida law—not distributed through the general estate. This is important because it means wrongful death proceeds generally don't go to creditors and pass directly to entitled survivors.
As a surviving spouse, you're entitled to your specific damages (loss of consortium, mental pain and suffering, loss of support and services) directly. The estate's recovery (medical expenses, funeral costs, lost earnings, net accumulations) passes according to the will or intestacy laws.
If you're the sole survivor (no children), you may receive all damages. If there are children, their damages (lost parental companionship, mental pain and suffering) go to them. Minor children's shares are typically held in trust or guardianship accounts.
When disputes arise among survivors about damage allocation, the court may need to resolve them. This is uncommon in intact families but can occur with stepchildren, estranged children, or complex family situations.
Special Considerations for Surviving Spouses
Several issues commonly arise for surviving spouses in wrongful death cases:
If you were financially dependent on your spouse, you may face immediate financial pressure while the case is pending. Some attorneys can arrange advances or expedite certain aspects of the case to address urgent needs.
If your spouse had life insurance, those proceeds are separate from wrongful death damages. You can receive both—the wrongful death recovery doesn't offset life insurance payments.
If your spouse had an ongoing personal injury case that was pending when they died, that case converts to a survival action (discussed separately) and may be combined with the wrongful death claim.
If you were separated but not divorced, your rights as surviving spouse generally remain intact. However, the defense may argue that the relationship was less valuable. Divorce pending at death may complicate matters and requires careful legal analysis.
Remarriage after your spouse's death doesn't eliminate your wrongful death claim or reduce damages for the loss you suffered.
Contact Emas Law Group Today
Losing your spouse to someone's negligence combines unbearable grief with profound injustice. While nothing can replace your partner, Florida law provides meaningful recourse—holding wrongdoers accountable and providing financial security as you rebuild your life. Understanding your rights as a surviving spouse empowers you to make decisions that honor your spouse's memory and protect your family's future. At Emas Law Group, we handle wrongful death cases with the sensitivity and dedication these matters deserve. We understand you're grieving while facing difficult decisions, and we're here to guide you through the legal process with compassion and competence. Contact us for a confidential consultation to discuss your rights and options.
Frequently Asked Questions
Can I recover damages if my spouse was partially at fault for their death?
Yes, potentially. Under Florida's comparative negligence law, damages are reduced by the deceased's percentage of fault. You can still recover if they were 50% or less at fault, but recovery is barred if they were more than 50% responsible.
How long after my spouse's death can I file a wrongful death lawsuit?
Florida's statute of limitations is two years from the date of death. Acting promptly ensures evidence is preserved and gives your attorney time to build the strongest possible case.
Will I have to testify about my relationship with my spouse?
Possibly. Testimony about your relationship supports damages for loss of consortium and companionship. If the case goes to trial, your testimony can be powerful. In settlement negotiations, written statements or depositions may suffice.
What if my spouse and I were separated when they died?
If you were legally married (not divorced), you generally retain your rights as surviving spouse. The separation might affect the value of consortium damages, but your basic claim remains. Consult an attorney about your specific situation.