Losing someone in a motorcycle crash is devastating, and the legal questions that follow are often the last thing a family wants to think about. This post is meant to give families a clear, calm overview of how Florida law works when a rider or passenger is killed because of another person’s negligence, so they understand their options when they are ready.
Florida’s Wrongful Death Act
Florida’s Wrongful Death Act, sections 768.16 through 768.26 of the Florida Statutes, allows a claim when a person’s death is caused by the wrongful act or negligence of another. The claim is brought by the personal representative of the deceased person’s estate, on behalf of the estate and the surviving family members. If no estate has been opened, one generally must be opened in probate court so a personal representative can be appointed.
Who Can Recover
The statute defines survivors to include the spouse, children, and parents, and in some circumstances other blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services. Which survivors may recover which kinds of damages depends on rules in the statute, including rules tied to the ages of children and whether there is a surviving spouse.
What Can Be Recovered
Depending on the survivor and the facts, damages may include:
- The value of lost support and services the deceased would have provided.
- Loss of companionship and protection for a surviving spouse.
- Loss of parental companionship, instruction, and guidance for qualifying children.
- Mental pain and suffering for qualifying survivors.
- Medical and funeral expenses paid by survivors or the estate.
- Certain losses to the estate, such as lost earnings from the date of injury to death and, in some cases, net accumulations.
Coverage in Fatal Motorcycle Cases
The same coverage issues that affect injury claims affect wrongful death claims. PIP generally does not apply to motorcycle crashes, so recovery usually comes from the at-fault driver’s bodily injury coverage, uninsured/underinsured motorist coverage, and any other responsible parties such as a driver’s employer or a vehicle owner. Identifying all available UM coverage in the household is especially important when the at-fault driver carried little or no insurance.
The Deadline
A wrongful death action generally must be filed within two years of the date of death. Opening an estate and appointing a personal representative takes time, so families benefit from beginning that process well before the deadline.
Frequently Asked Questions
Who files a wrongful death lawsuit in Florida?
The personal representative of the deceased person’s estate files the claim on behalf of the estate and the surviving family members.
How long does a family have to file a wrongful death claim?
Generally two years from the date of death.
Can the family recover if the rider was partly at fault?
Comparative fault rules apply. Recovery may be reduced by the deceased rider’s share of fault and barred if that share is found to be more than 50%.
What if the driver who caused the crash had no insurance?
The family may be able to recover through UM coverage on the rider’s own policies or household policies, and from other responsible parties depending on the facts.
Working With Licznerski Law, PLLC
Licznerski Law, PLLC is a boutique personal injury and insurance law firm based in Oldsmar, serving riders throughout Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and surrounding counties, and statewide. When you hire the firm, Alexander Licznerski handles your case personally. Your calls and questions go to your attorney, not a rotating case manager, and the firm keeps a selective caseload so each case gets real attention.
Motorcycle cases also draw on the firm’s insurance coverage and PIP litigation practice. Because riders have no PIP, finding every available source of coverage, including UM, medical payments, household policies, and responsible third parties, is often what determines whether a serious injury is fully compensated.
Motorcycle injury cases are handled on a contingency fee. The written fee agreement explains the percentage and how case costs are handled, including whether you could be responsible for any costs, before you sign anything.
A candid note on HB 837: The 2023 tort reform law changed several rules that matter to injured riders. It shortened the general negligence deadline to two years, adopted the rule that bars recovery for a plaintiff found more than 50% at fault, changed how medical expenses are proven at trial, and eliminated the automatic attorney’s fee award that once applied when an insured successfully sued their own auto insurer. Those changes make early investigation and realistic case evaluation more important, and the firm will tell you plainly how they apply to your situation.
Talk to Your Attorney Directly
If you or someone in your family was hurt in a motorcycle crash anywhere in the Tampa Bay area, you can speak directly with attorney Alexander Licznerski about what happened and what options may be available.
Licznerski Law, PLLC | Oldsmar, Florida
Phone: 813-934-3519 | Web: licznerskilaw.com | Email: [email protected]
Boutique Representation. Real Results. Your Attorney, Not a Case Number.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.