In some cases, family members can demand compensation if their loved one died as a result of someone else’s actions. A wrongful death attorney can help navigate this difficult process, ensuring that you receive the justice and compensation you deserve.
Losing a loved one is one of life’s most devastating experiences. When that loss is caused by another person’s negligence, recklessness, or intentional actions, the pain is compounded by feelings of injustice and anger. Florida’s wrongful death laws exist to provide families with a legal avenue to seek accountability and financial compensation for their profound loss.
Important: Florida law imposes strict time limits on filing wrongful death claims. It’s crucial to consult with an attorney as soon as possible to protect your family’s legal rights.
A wrongful death occurs when a person dies due to the wrongful act, negligence, default, or breach of contract or warranty of another person or entity. Under Florida law, wrongful death claims can arise from various circumstances, including but not limited to:
Florida’s Wrongful Death Act specifies who has the legal standing to file a claim. The personal representative of the deceased’s estate must file the lawsuit on behalf of the estate and the survivors.
Our compassionate wrongful death attorneys understand what you’re going through. Let us handle the legal complexities while you focus on healing.
Florida law allows wrongful death claims to seek various types of damages to compensate for the losses suffered by survivors and the deceased’s estate:
Understanding the legal process can help families prepare for what lies ahead during this difficult journey:
Your attorney will review the circumstances of your loved one’s death, evaluate the strength of your case, and explain your legal options. This consultation is typically free and confidential.
Your legal team will conduct a thorough investigation, collecting evidence such as accident reports, medical records, witness statements, expert testimony, and any other documentation that supports your claim.
If not already appointed, the court will designate a personal representative for the estate to file the wrongful death lawsuit.
Your attorney will draft and file a formal complaint in the appropriate Florida court, initiating the legal proceedings.
Both sides exchange information, take depositions, and build their cases. This phase can take several months to over a year.
Many wrongful death cases settle before trial. Your attorney will negotiate with the defendant’s insurance company or legal representatives to secure fair compensation.
If a fair settlement cannot be reached, your case will proceed to trial where a judge or jury will determine liability and damages.
Time is of the essence in wrongful death cases. Florida law generally requires that wrongful death lawsuits be filed within two years from the date of death. However, there are important exceptions:
Critical Deadline: Missing the statute of limitations deadline will likely result in your case being dismissed, permanently barring your family from seeking compensation. Contact an attorney immediately to protect your rights.
Working with a local attorney who specializes in wrongful death cases and understands Florida law provides significant advantages:
Wrongful death litigation can be complex and emotionally draining. Families often face several challenges:
Establishing that the defendant’s actions directly caused your loved one’s death requires compelling evidence and expert testimony. An experienced attorney knows how to build a strong case.
Determining the full value of a life lost involves complex economic and non-economic calculations, including future earnings, benefits, and the immeasurable value of companionship and guidance.
Insurance adjusters work to minimize payouts. Having a skilled attorney negotiate on your behalf ensures you’re not taken advantage of during this vulnerable time.
The legal process can reopen wounds and prolong grief. A compassionate attorney handles the legal burdens, allowing you to focus on healing and remembering your loved one.
No amount of money can bring back your loved one, but holding those responsible accountable can provide a sense of justice and financial security for your family’s future.
Most wrongful death attorneys work on a contingency fee basis, typically ranging from 33-40% of the recovery. This means you pay no upfront fees, and the attorney only gets paid if your case is successful. All costs are usually advanced by the law firm and reimbursed from the settlement or verdict.
Case duration varies significantly based on complexity, liability disputes, and settlement negotiations. Simple cases with clear liability may settle within 6-12 months, while contested cases that go to trial can take 2-3 years or longer. Your attorney can provide a more specific timeline based on your case’s unique circumstances.
Florida follows a modified comparative negligence rule. Even if your loved one bore some responsibility, you may still recover damages, though the amount will be reduced by their percentage of fault. If they were 51% or more at fault, recovery may be barred entirely. An attorney can evaluate how comparative negligence applies to your case.
Yes. Deaths caused by drunk driving are among the most common wrongful death cases. In addition to compensation from the driver, you may also have claims against bars or restaurants that over-served the driver (dram shop liability) or against vehicle owners who negligently entrusted their vehicle to an intoxicated person.
Criminal and civil cases are separate proceedings. A criminal conviction can help your civil case, but you don’t need to wait for criminal proceedings to conclude before filing a wrongful death lawsuit. Your attorney can pursue both avenues simultaneously to maximize accountability and compensation.
Florida law specifies how damages are allocated among survivors based on their relationship to the deceased and their losses. The court determines the distribution, considering factors like dependency, age, and the nature of the relationship. Your attorney will explain how compensation is likely to be divided in your specific situation.
No legal outcome can truly compensate for the loss of a loved one. However, pursuing a wrongful death claim serves important purposes: it holds negligent parties accountable, prevents future tragedies, and provides financial security for your family during an incredibly difficult time.
The experienced wrongful death attorneys in Boca Raton understand the profound grief and confusion you’re experiencing. They approach each case with sensitivity, compassion, and unwavering commitment to achieving justice for your family.
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, don’t wait. Contact a qualified Florida wrongful death attorney today to discuss your legal options and protect your family’s rights. Time limits apply, and the sooner you act, the stronger your case will be. We also represent clients in car accident cases, personal injury matters, and other legal claims.
