Florida Wrongful Death


When negligent or reckless actions lead to death, it’s called a “wrongful death” action. A wrongful death can be caused by many types of negligence or recklessness including car and truck accidents, slip and falls, animal attacks, construction accidents, as well as medical malpractice.

If your spouse, parent, child or other close family member has died as result of an accident, it’s important to work with a reputable Florida wrongful death lawyer that can handle every aspect of your claim. Grief and pain as a result of the loss. Failing to get justice does not have to be added to that long list of suffering.

What Compensation is Available For Wrongful Death Cases in Florida?

In Florida, the first level of compensation is usually for funeral and related expenses that might be needed immediately. The spouse of the victim is entitled to be compensated for the loss of financial support that would have been contributed to the household if there had been no wrongful death.

In addition to economic damages, the spouse of a victim of wrongful death in Florida is also entitled compensation for the loss of companionship, emotional support and the “services” of the spouse in the home.

Children a wrongful death victim can recover damages for the loss of affection, loss of guidance, loss of financial support and for the cost of routine services that the parent performed for the child. A “child” does not necessarily mean a minor. Adult children can also recover under certain circumstances.  

Other familial relationships are associated with different types of possible claims, that’s why it’s a good idea to consult with an experienced Florida wrongful death attorney as soon as possible after a fatal accident.

Resolving The Estate

No action can be taken on a Florida wrongful death case until a personal representative is either approved (if there was a Will) or appointed (if there was no Will) by the Florida Circuit Court. When the personal representative is appointed, they will have standing to sign a legal agreement on behalf of the estate of the deceased person. The appointment of a personal representative by the Circuit Court can take weeks or even months, especially since the potential proceeds may cause more than one family member to compete for the position. That’s why it’s important to consult with a Florida wrongful death attorney as soon as possible after the accident.

Additional Causes of Action

In addition to economic compensation, it is sometimes possible to collect compensation for the pain, suffering and mental anguish that the victim sustained before he died.

If the victim died immediately, this compensation is not available to the family, but in some cases the compensation can be enormous. For example, if a person became paralyzed from the neck down as the result an accident, spending months unable to move any part of their body from their face down, before finally succumbing to their injuries, it would be possible to collect a great deal of money for damages for pain and suffering and mental anguish.

Property Damage

In some cases it is also possible to make a claim for the substantial property damage that was caused by the fatal accident. The most important thing to remember is that handling a wrongful death case is not something that should be done on your own. The help of a Florida Wrongful Death Attorney will not only help you get the largest possible amount of compensation, it will also give you peace of mind during a difficult time. 

Unfortunately many claimants with very serious injuries are not able to collect the full value due to insufficient insurance coverage. Inexperienced lawyers also leave money on the table. May be they are interested in quick settlement or they don’t know how to extract that value from presenting your case to a jury. In either case, you shouldn’t have to settle for less than justice demands!

An experienced and ethical attorney will only promise to work their hardest to get you the best settlement or verdict possible.

I have helped thousands of clients get their best results. I can help you too. Contact me with any questions you may have. The call is always Free.