A wrongful death lawyer in Florida helps families with complex legal procedures, ensuring they meet filing deadlines and follow state laws. They gather evidence, negotiate with insurance companies, and fight for maximum compensation for medical bills, lost income, and emotional suffering. Without legal representation, families risk receiving a low settlement or having their case dismissed due to procedural errors.
Losing a loved one is always difficult, but it’s even harder when their death was caused by someone else’s negligence or wrongdoing. In legal terms, this is called wrongful death. A wrongful death claim allows the victim’s family to seek compensation for their loss and hold the responsible party accountable.
A wrongful death lawyer helps families with this complex legal process. They gather evidence, file claims, negotiate settlements, and, if necessary, take the case to court. Since Florida has specific laws about who can file a wrongful death lawsuit and what damages can be recovered, having an experienced lawyer is very important.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action taken when someone dies because of another person’s negligence, recklessness, or intentional actions. Instead of the victim filing a lawsuit, their family or estate representative seeks compensation for the losses caused by the death.
Common Causes of Wrongful Death in Florida
Wrongful death cases can happen in many situations, including:
- Car Accidents – Drunk driving, speeding, and reckless behavior often lead to fatal crashes.
- Medical Malpractice – Doctors or hospitals may be responsible if a patient dies due to misdiagnosis, surgical errors, or medication mistakes.
- Workplace Accidents – Construction sites, factories, and other high-risk jobs can lead to fatal injuries.
- Defective Products – Faulty machinery, dangerous drugs, or defective car parts can cause fatal accidents.
- Criminal Acts – If someone is killed due to an assault, robbery, or other crimes, the family can file a civil lawsuit, even if a criminal case is ongoing.
In Florida, wrongful death claims are governed by Florida Statutes § 768.19, which explains who can file a claim and what damages can be recovered.
Who Can File a Wrongful Death Lawsuit in Florida?
According to Florida Statutes § 768.20, only the personal representative of the deceased person’s estate can file a wrongful death claim. This representative is usually named in the victim’s will or estate plan. If no representative is listed, the court will appoint one.
Who Can Receive Compensation?
Even though the personal representative files the lawsuit, the compensation goes to the victim’s survivors. Under Florida law, eligible beneficiaries include:
- Spouse – Can recover damages for lost companionship and emotional suffering.
- Children – Minor children (under 25) can receive compensation for lost parental guidance. Adult children may qualify in certain cases.
- Parents – Can file for damages if their child was a minor or if no spouse or children exist.
- Other Financial Dependents – Relatives who depended on the deceased for financial support may also qualify.
Responsibilities of a Wrongful Death Lawyer
A wrongful death lawyer represents families seeking justice after losing a loved one due to negligence. They handle legal matters, allowing families to focus on healing.
Key Responsibilities of a Wrongful Death Lawyer
- Investigating the Case
- Collects evidence, including accident reports, medical records, and witness statements.
- Works with experts, such as accident reconstruction specialists and medical professionals.
- Filing the Lawsuit
- Ensures the claim is filed before Florida’s two-year statute of limitations expires (Florida Statutes § 95.11(4)(d)).
- Identifies all responsible parties, including individuals, companies, or government entities.
- Negotiating a Settlement
- Talks with insurance companies to secure fair compensation.
- Reviews settlement offers and advises families on whether to accept or proceed to trial.
- Representing Clients in Court
- Prepares legal arguments and presents evidence before a judge or jury.
- Cross-examines witnesses and challenges opposing arguments.
How to Choose the Right Wrongful Death Lawyer in Florida
First, look for a lawyer with experience handling wrongful death cases in Florida. These cases involve specific laws and legal procedures, so an attorney with a track record of winning similar lawsuits will be better equipped to handle the complexities of the case. Checking past case results and client testimonials can provide insight into their success rate.
Another important factor is the lawyer’s ability to negotiate settlements. Many wrongful death claims are resolved outside of court, so having an attorney skilled in dealing with insurance companies can lead to a quicker and fairer resolution. However, if a fair settlement isn’t possible, the lawyer should have strong litigation experience and be ready to take the case to trial.
Communication is also important. Families should choose a lawyer who is responsive, compassionate, and transparent about the legal process. Wrongful death cases can be emotionally draining, and having an attorney who explains things clearly and keeps clients updated can make a big difference.
Finally, consider the lawyer’s fee structure. Most wrongful death attorneys in Florida work on a contingency basis, meaning they only get paid if they win the case. This ensures families don’t have to worry about upfront legal costs.
Contacting a Lawyer: Next Steps
Once a family decides to pursue a wrongful death claim, the next step is to contact a lawyer for a free consultation. This initial meeting helps determine if the case has merit and allows the attorney to explain the legal process.
Before the consultation, families should gather important documents and evidence related to the case. This may include medical records, police reports, accident details, and proof of financial losses. The more information the lawyer has, the better they can assess the claim’s strength.
During the meeting, the attorney will ask questions about how the wrongful death occurred, who might be responsible, and what damages the family has suffered. They will also explain Florida’s statute of limitations, which gives families two years from the date of death to file a lawsuit. Missing this deadline can result in losing the right to seek compensation.
Families should also ask about the lawyer’s experience, past case results, and fee structure. Since most wrongful death lawyers work on a contingency basis, there are no upfront costs—legal fees are only paid if the case is won.
Taking the first step in a wrongful death claim can feel overwhelming, but a skilled lawyer can provide guidance and support throughout the process. Seeking legal help as soon as possible ensures families have the best chance of obtaining justice for their loved one.