Losing a loved one is one of the most devastating experiences a family can go through. When that loss is the direct result of someone else’s negligence, recklessness, or intentional wrongful act, the grief is compounded by a profound sense of injustice. The wrongful death attorneys at Aronberg & Aronberg, Injury Law Firm in Delray Beach are dedicated to helping surviving family members seek accountability and obtain the financial compensation they are entitled to under Florida law. Call us now for a free consultation — we handle wrongful death cases throughout Palm Beach County and all of South Florida.
A wrongful death claim is a civil lawsuit filed on behalf of the surviving family members of a person whose death was caused by the negligent, reckless, or intentional wrongful act of another person, company, or entity. Florida’s Wrongful Death Act (Florida Statutes §§ 768.16 – 768.26) governs these claims and defines who may file, what damages are recoverable, and the time frame within which a lawsuit must be brought.
It is important to understand that wrongful death civil claims are entirely separate from any criminal proceedings. Even if the at-fault party is never criminally charged or convicted, surviving family members may still pursue a wrongful death lawsuit and recover significant financial compensation through the civil courts.
Our wrongful death lawyers have successfully represented families whose loved ones were killed as a result of:
Under Florida’s Wrongful Death Act, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is typically the executor named in the decedent’s will, or a court-appointed administrator if no will exists. The personal representative files on behalf of the estate and all eligible surviving family members, referred to as “survivors” under the statute.
The following survivors are recognized under Florida law and may be entitled to wrongful death damages:
If you are unsure whether you qualify to bring or participate in a wrongful death claim, our attorneys will walk you through the process during your free consultation.
Florida law allows surviving family members and the estate to recover a broad range of economic and non-economic damages following a wrongful death. These include:
In Florida, the statute of limitations for wrongful death claims is two (2) years from the date of the loved one’s death (Florida Statutes § 95.11(4)(d)). This strict legal deadline means your family has only two years from the date of passing to file a civil lawsuit. If you miss this window, your claim will almost certainly be dismissed — regardless of how strong the evidence is in your favor.
There are limited circumstances in which the statute of limitations may be tolled (paused), such as cases involving fraud or concealment by the defendant. An experienced Delray Beach wrongful death attorney can evaluate your specific situation and determine whether any exceptions apply.
Do not wait. The earlier you retain a wrongful death lawyer, the better your chances of preserving critical evidence, securing witness testimony, and building the strongest possible case.
Wrongful death litigation is among the most legally and emotionally complex areas of personal injury law. Successfully prosecuting a wrongful death case typically requires:
At Aronberg & Aronberg, we have over 63 years of combined experience handling catastrophic and fatal injury cases throughout South Florida. We have the financial resources and the network of expert witnesses necessary to build a compelling and winning wrongful death case on your family’s behalf.
Time is critical in wrongful death cases. Evidence must be preserved, witnesses must be interviewed promptly, and legal deadlines must be met. Contact our office as soon as possible so we can begin our investigation without delay.
Keep all records related to the incident — including medical records, autopsy reports, police reports, photographs, and any communications you receive from insurance companies. Do not discard anything, no matter how insignificant it may seem.
The opposing insurance company will likely contact your family shortly after the incident. Do not provide any recorded statements, sign any documents, or accept any settlement offers without first consulting with a wrongful death attorney. Refer all communications to your legal counsel.
If your loved one had a will, identify the named executor. If no will exists, an administrator may need to be appointed through probate court. Our attorneys can guide your family through this process efficiently and compassionately.
Like all of our personal injury cases, wrongful death claims are handled on a contingency fee basis. You pay ZERO dollars unless we win your case. Our standard fee is 33.33% of the total settlement. If your case requires litigation, the fee is 40%. These fees are regulated by the Florida Bar.
No amount of money can ever replace your loved one. But holding the responsible parties legally and financially accountable can provide your family with the justice, closure, and financial security you need to move forward. The wrongful death attorneys at Aronberg & Aronberg are committed to fighting relentlessly on your family’s behalf from the moment you call us. Contact us today to schedule your free, confidential consultation.
