Wrongful Death: Texas vs. Florida

In Texas, wrongful death claims are governed by the Texas Civil Practice and Remedies Code, Section 71.001 et seq. Only certain family members, such as spouses, children, and parents of the deceased, are allowed to file a wrongful death lawsuit. The statute of limitations for such claims is two years from the date of death. Texas law also allows for recovery of economic damages, funeral expenses, medical bills, lost earnings, and non-economic damages, such as loss of companionship and pain and suffering, but capping is typically applied to punitive damages in wrongful death claims. Importantly, Texas follows a modified comparative fault system, which can affect the total recovery amount based on the plaintiff's percentage of fault in the event leading to the death.

Conversely, Florida’s wrongful death law is set forth in Florida Statutes § 768.16 et seq. and similarly restricts the right to sue to certain survivors, including the spouse, children, parents, and, in some cases, siblings of the deceased. The time frame for filing a wrongful death claim in Florida also mirrors Texas with a two-year statute of limitations. However, Florida law allows for the recovery of both economic and non-economic damages and does not cap punitive damages for wrongful death cases. Additionally, Florida adheres to a pure comparative negligence rule, meaning plaintiffs can recover damages even if they are partially at fault, which can significantly impact the liability and compensation outcomes in these cases.