WRONGFUL DEATH COMPLAINT

Florida Wrongful Death Act – Fla. Stat. §§ 768.16–768.26

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Jurisdiction, Venue & Conditions Precedent
3. Definitions
4. General Allegations
5. Count I – Wrongful Death (Negligence)
6. [Optional] Count II – Survival Action (Fla. Stat. § 46.021)
7. Damages Allegations
8. Demand for Jury Trial
9. Prayer for Relief
10. Verification
11. Certificate of Service

1. CAPTION & PARTIES IDENTIFICATION

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT
IN AND FOR ☐ COUNTY, FLORIDA

CIVIL DIVISION

Case No.: [___]

[NAME OF PERSONAL REPRESENTATIVE], as Personal Representative of the Estate of [DECEDENT FULL LEGAL NAME], and on behalf of the Statutory Beneficiaries described herein,

Plaintiff,

v.

[DEFENDANT LEGAL NAME(S)],

Defendant(s).

_____________________________________/

COMPLAINT FOR WRONGFUL DEATH AND DEMAND FOR JURY TRIAL

2. JURISDICTION, VENUE & CONDITIONS PRECEDENT

2.1 This action is brought pursuant to the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26 (the “Act”).

2.2 Plaintiff [NAME] (“Personal Representative”) was duly appointed by the [County] Probate Court in Case No. ☐ and is authorized to prosecute this action on behalf of the Estate of [Decedent] (“Estate”) and all statutory “Survivors” as defined in Fla. Stat. § 768.18(1). [Attach Letters of Administration as Exhibit “A.”]

2.3 Defendant [Defendant] is a [corporation/individual/etc.] organized under the laws of [State], with its principal place of business at [Address], and is subject to the personal jurisdiction of this Court under Fla. Stat. § 48.193.

2.4 The causes of action accrued in [County] County, Florida; therefore, venue is proper in this Court under Fla. Stat. § 47.011.

2.5 All conditions precedent to filing this action have been satisfied, performed, or excused. [If medical malpractice, insert presuit compliance allegations per Fla. Stat. § 766.106.]

3. DEFINITIONS

For clarity and consistency, the following capitalized terms have the meanings set forth below:

“Act” means the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26.

“Beneficiaries” or “Survivors” means the individuals described in Fla. Stat. § 768.18(1) who are entitled to recover damages under the Act, specifically:
 a. [Surviving Spouse Name], spouse;
 b. [Child(ren) Name(s) & Age(s)], child/children;
 c. [Parent(s) Name(s)], parent(s);
 d. [Other Dependents, if any].

“Decedent” means [Decedent Full Legal Name], who died on [Date of Death].

“Estate” means the probate estate of Decedent, administered in [County] County, Florida, Case No. [___].

4. GENERAL ALLEGATIONS

4.1 On [Date of Incident], at approximately [Time], Decedent was [brief factual setting—e.g., operating a motor vehicle on I-95 near mile marker ___].

4.2 At that place and time, Defendant owed Decedent a duty to exercise reasonable care [or specify statutory/regulatory duties].

4.3 Defendant breached that duty by [specific negligent acts or omissions].

4.4 As a direct and proximate result of Defendant’s breach, Decedent sustained injuries that resulted in Decedent’s death on [Date of Death].

4.5 Had Decedent survived, Decedent would have been entitled to maintain an action and recover damages from Defendant for such injuries. Fla. Stat. § 768.19.

4.6 Consequently, under Fla. Stat. § 768.20, this action is maintained by the Personal Representative for the benefit of the Estate and the Survivors.

5. COUNT I – WRONGFUL DEATH (NEGLIGENCE)

5.1 Plaintiff realleges and incorporates ¶¶ 2.1–4.6 as if fully set forth herein.

5.2 Defendant owed Decedent and the public a duty to exercise reasonable care [identify source of duty—common law, statute, regulation, etc.].

5.3 Defendant breached that duty by:
 a. [Specific Act/Omission #1];
 b. [Specific Act/Omission #2]; and
 c. [“Respondeat Superior” or “Vicarious Liability” allegations, if applicable].

5.4 Defendant’s breach was the legal and proximate cause of Decedent’s death.

5.5 Modified Comparative Negligence (HB 837). Pursuant to Fla. Stat. § 768.81, as amended by HB 837 (effective March 24, 2023), Florida applies a modified comparative negligence standard with a 51% bar. Decedent's fault, if any, was less than or equal to 50% of the total fault contributing to the incident, and therefore recovery is not barred. ☐ [If medical malpractice: Check here and note that the 51% bar does NOT apply to actions arising out of medical negligence; pure comparative negligence still governs per Fla. Stat. § 768.81(6).]

[// GUIDANCE – HB 837 COMPARATIVE NEGLIGENCE: Under the modified comparative negligence system enacted by HB 837, a plaintiff found MORE THAN 50% at fault is completely barred from recovery. This applies to wrongful death actions filed on or after March 24, 2023. EXCEPTION: Medical malpractice wrongful death claims remain subject to pure comparative negligence. Practitioners must assess comparative fault exposure early and plead accordingly.]

5.6 Under Fla. Stat. § 768.21, each Survivor has suffered and will continue to suffer damages, including but not limited to:
 a. Loss of support and services;
 b. Loss of companionship and protection;
 c. Mental pain and suffering;
 d. Medical and funeral expenses paid by Survivors.

5.7 The Estate is entitled to damages pursuant to Fla. Stat. § 768.21(6), including:
 a. Loss of earnings of Decedent from the date of injury to death;
 b. Medical and funeral expenses paid by or on behalf of the Estate;
 c. Net accumulations of Decedent, when applicable.

WHEREFORE, Plaintiff, as Personal Representative of the Estate of [Decedent], demands judgment against Defendant for all statutory damages, taxable costs, prejudgment interest as allowed by law, and such other relief as the Court deems just and proper.

6. [OPTIONAL] COUNT II – SURVIVAL ACTION

(Pursuant to Fla. Stat. § 46.021 and Fla. Stat. § 768.20)

6.1 Plaintiff realleges ¶¶ 2.1–4.6.

6.2 Prior to death, Decedent sustained [describe separate damages] as a result of Defendant’s conduct.

6.3 Under Fla. Stat. § 46.021, those claims survive and are enforceable by the Estate.

WHEREFORE, Plaintiff demands judgment for the Estate’s damages, costs, interest, and any further relief deemed appropriate.

7. DAMAGES ALLEGATIONS

7.1 A good-faith estimate of each category of damages recoverable under the Act is as follows:
 a. Past support and services: [$________]
 b. Future support and services (present value): [$________]
 c. Loss of companionship/protection: [$________]
 d. Mental pain and suffering: [$________]
 e. Medical expenses: [$________]
 f. Funeral expenses: [$________]
 g. Loss of earnings & net accumulations: [$________]

8. DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all issues so triable as of right under Article I, § 22 of the Florida Constitution and Fla. R. Civ. P. 1.430.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Economic and non-economic damages to each Survivor pursuant to Fla. Stat. § 768.21;
B. Damages recoverable by the Estate under Fla. Stat. § 768.21(6);
C. [If applicable] Punitive damages in accordance with Fla. Stat. § 768.72;
D. Pre- and post-judgment interest;
E. Taxable costs of this action; and
F. Such further relief as the Court deems just and proper.

10. VERIFICATION

I, [NAME OF PERSONAL REPRESENTATIVE], Personal Representative of the Estate of [Decedent], declare under penalty of perjury under the laws of the State of Florida that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Date: [___]

__________________________________
[NAME], Personal Representative

State of Florida
County of [___]

Sworn to (or affirmed) and subscribed before me this ☐ day of [Month], [Year], by [Name], who is personally known to me or who has produced [Type of ID] as identification.

__________________________________
Notary Public, State of Florida
Commission No.: [___]
My Commission Expires: [___]

11. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served in compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516 on [Date] to:

• [Counsel for Defendant – Name, E-mail]
• [Additional Recipients]

__________________________________
[ATTORNEY NAME], Esquire
Florida Bar No. [___]
[Law Firm Name]
[Address]
Telephone: [(___) ___-____]
E-Mail: [primary]
Secondary: [secondary]
Counsel for Plaintiff