Understanding Wrongful Death Claims in Florida
A wrongful death claim may arise when a person dies because of negligence, a wrongful act, a breach of contract or warranty, or another form of legally actionable conduct. The claim allows qualifying survivors and the estate to seek damages tied to the death.
When a Wrongful Death Claim May Be Available
Fatal motor vehicle crashes, unsafe property conditions, defective products, medical negligence, negligent security, and certain workplace incidents can lead to wrongful death claims.
Our firm reviews how the incident happened and whether available evidence supports a claim. We also examine whether responsibility may extend beyond one defendant, which can be important in accidents involving businesses, property owners, employers, manufacturers, or multiple drivers.
Who Files the Claim
Under Florida law, the decedent’s personal representative files the wrongful death action for the benefit of the estate and eligible survivors.
Survivors can include a spouse, children, parents, and certain dependent blood relatives or adoptive siblings. The compensation available to each person can vary based on the relationship involved and the specific facts of the case.
Wrongful Death Cases We Handle
A fatal accident can involve very different types of evidence depending on where the incident occurred, how it happened, and which parties may have contributed to the death.
Fatal Motor Vehicle Accidents
Car, truck, motorcycle, pedestrian, and bicycle crashes can result in wrongful death claims when another driver or responsible party caused the collision. We can review crash reports, vehicle data, witness accounts, video footage, and insurance information to determine how the collision occurred.
Dangerous Property Conditions
Property owners and other responsible parties may face liability when unsafe conditions contribute to a fatal injury.
Defective Products and Other Negligence Claims
A dangerous product, unsafe equipment, or other negligent conduct may also result in a fatal injury. Our wrongful death attorney can evaluate the chain of events, preserve relevant records, and determine which individuals or companies may bear responsibility.
Product records, maintenance histories, contracts, and other documents can become important when responsibility extends beyond the person directly involved in the incident.
How Your Injury Advocates Can Help
Evidence must be preserved, damages must be carefully documented, and insurers may challenge both liability and the value of the losses claimed by the estate and surviving family members.
Investigating Liability
We gather available records and examine the facts needed to establish responsibility.
Identifying Available Insurance Coverage
We review available coverage, policy limits, and potentially responsible parties so that the claim is not based only on the first insurance policy identified after the incident.
Documenting the Family’s Losses
We review income information, household contributions, services, medical expenses, funeral costs, and other losses that may be relevant to the claim.
Handling Negotiations and Litigation
Insurance companies may dispute fault, causation, or damages even when a death clearly resulted from an accident. We handle communications and negotiations on behalf of our clients and can prepare the case for litigation when a reasonable resolution cannot be reached.
Compensation in a Florida Wrongful Death Case
What may be recovered depends on the family relationship, financial circumstances, and facts surrounding the death.
Losses Available to Survivors
Eligible survivors may be able to pursue compensation for lost support and services. Depending on the relationship involved, Florida law may also permit damages for lost companionship, protection, parental companionship, instruction, guidance, and mental pain and suffering.
Losses Recoverable by the Estate
The estate may be entitled to recover certain lost earnings, medical or funeral expenses paid by the estate, and prospective net accumulations when statutory requirements are met.
The Time Limit for Filing a Wrongful Death Claim
Florida generally imposes a two-year limitations period on wrongful death actions. Other rules can apply depending on the defendant and the legal basis of the case, making it important to determine the correct deadline rather than assuming every claim follows exactly the same timeline.
Beginning an investigation early can help preserve records, photographs, video footage, and witness information before they are lost or overwritten.