Florida Wrongful Death Lawyer
Losing a Loved One to Someone Else’s Negligence Is Devastating. Florida Law Gives Your Family the Right to Seek Justice.
Florida Wrongful Death Lawyer
Losing a Loved One to Someone Else’s Negligence Is Devastating. Florida Law Gives Your Family the Right to Seek Justice.
No legal process can undo the loss of someone you love. But when that loss results from someone else’s negligence, recklessness, or intentional wrongdoing, Florida law gives surviving family members the right to hold the responsible party accountable — and to pursue compensation for the profound impact of that loss.
Lamar Legal handles wrongful death cases with the sensitivity these situations demand and the legal rigor they require. We work with families throughout Florida who have lost loved ones in accidents, medical negligence, workplace incidents, and other preventable circumstances — and we pursue justice on their behalf at no upfront cost.
Common Causes of Wrongful Death Claims in Florida
Car accidents
The most common cause of wrongful death claims in Florida
Truck and commercial vehicle accidents
often involving catastrophic force
Medical malpractice
misdiagnosis, surgical errors, or failure to treat that results in death
Premises liability
falls, drowning, violent crimes resulting from inadequate security
Workplace accidents
construction falls, equipment failures, toxic exposure
Defective products
dangerous products that cause fatal injuries
Nursing home neglect and abuse
failure to provide adequate care to vulnerable residents
DUI crashes
drunk or impaired drivers who cause fatal accidents
What to Do Immediately After A Wrongful Death
We understand that in the immediate aftermath of a loss, legal action may be the last thing on your mind. However, certain steps protect your family’s rights during this time.
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Preserve any documents, photographs, or evidence related to the circumstances of the death
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Request and retain all medical records if the death involved medical care
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Obtain the police or accident report if applicable
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Do not sign any releases or settlements offered by insurance companies — these can permanently eliminate your family’s rights
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Contact a wrongful death attorney when you are ready — we work around your timeline with complete respect for your grief
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Know that Florida’s 2-year statute of limitations means the window to pursue a claim is finite — consulting an attorney does not commit you to filing; it preserves your options
How We Handle Your Florida Wrongful Death Case
- We conduct a thorough investigation into the circumstances of the death to establish negligence and liability
- We identify all potentially responsible parties and all available insurance coverage
- We work with medical, financial, and vocational experts to document the full scope of the family’s loss
- We handle all legal proceedings, insurance communications, and court filings — protecting your family from additional burden during an already difficult time
- We explain Florida’s wrongful death statute, who may bring a claim, and what damages are available — clearly and without legal jargon
- We pursue the case to resolution — whether through settlement or litigation — with the same rigor we bring to every serious injury case
- We do not charge fees unless we recover compensation for your family
Compensation You May Recover
Under the Florida Wrongful Death Act, surviving family members and the estate may recover compensation for the losses caused by the death. Recoverable damages include:
- Loss of support and services — the financial contributions the deceased made to surviving family members
- Loss of companionship and protection — for surviving spouses and minor children
- Loss of parental companionship, instruction, and guidance — for minor children who lose a parent
- Mental pain and suffering — for the surviving spouse and, in some cases, other survivors
- Medical and funeral expenses
- Lost net accumulations to the estate — the earnings the deceased would have accumulated over their remaining lifetime
- Lost wages from the time of injury to death (for cases where death was not immediate)
Every case is different. The value of a personal injury claim depends on injury severity, liability clarity, available insurance, and long-term impact. We evaluate your specific situation during your free case evaluation.
How the Case Process Works
Wrongful death cases follow the same general personal injury process, with specific provisions under Florida’s Wrongful Death Act governing who may bring the claim and what damages each survivor may recover.
Stage 1 – Free Case Evaluation
We meet with the family — on your timeline, at your pace — to review the circumstances of the death and explain your legal rights under Florida law. No cost, no obligation, no pressure.
Stage 2 – Investigation
We investigate the cause of death, identify all responsible parties, and preserve critical evidence. For cases involving accidents, we act quickly to secure physical evidence, records, and witness accounts.
Stage 3 – Damages Documentation
We work with economic and financial experts to document the full scope of your family’s loss — financial support, services, companionship, and the emotional impact on each surviving family member.
Stage 4 – Demand and Negotiation
We present a comprehensive demand to the responsible party’s insurer. Wrongful death cases frequently involve significant policy limits and experienced defense counsel — we prepare accordingly.
Stage 5 – Resolution
We resolve the case through settlement or, if necessary, litigation and trial. Our goal is justice for your family — and we pursue it without rushing to a quick settlement that undervalues your loss.
Most personal injury cases settle without going to trial. We prepare every case as if it will go to trial — because that preparation is what produces the best settlements.
Frequently Asked
Questions – Florida Wrongful Death Lawyer
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Who can file a wrongful death claim in Florida?
Q: Who can file a wrongful death claim in Florida?
A: Under the Florida Wrongful Death Act, a wrongful death lawsuit must be brought by the personal representative of the deceased’s estate — typically a family member appointed by the court. The personal representative files the claim on behalf of the estate and all surviving beneficiaries. Beneficiaries who may recover damages include the surviving spouse, children (including minor children and adult children in some circumstances), parents of a deceased minor, and any blood relative or adoptive sibling who was substantially dependent on the deceased.
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What is the statute of limitations for a wrongful death claim in Florida?
Q: What is the statute of limitations for a wrongful death claim in Florida?
A: Florida’s wrongful death statute of limitations is 2 years from the date of death. This deadline is absolute — courts will dismiss claims filed even one day late regardless of the circumstances. If you believe you may have a wrongful death claim, consulting an attorney as soon as you are able protects your family’s legal rights without committing you to any action.
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How is a wrongful death case different from a personal injury case?
Q: How is a wrongful death case different from a personal injury case?
A: In a personal injury case, the injured person brings the claim. In a wrongful death case, the personal representative of the estate brings the claim on behalf of the deceased and the surviving family members. The damages recoverable differ as well — wrongful death damages focus on the survivors’ losses (financial support, companionship, guidance) as well as the estate’s losses (lost earnings, medical and funeral expenses), rather than the deceased’s personal pain and suffering during their lifetime.
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What if my loved one was partially at fault for the accident that caused their death?
Q: What if my loved one was partially at fault for the accident that caused their death?
A: Florida’s modified comparative negligence rule applies in wrongful death cases. If the deceased was found to be more than 50% at fault, the family may be barred from recovery. If the deceased was 50% or less at fault, recovery is reduced by their percentage of fault. Insurance companies frequently argue contributory fault to reduce or eliminate wrongful death claims. We evaluate the specific facts and build the strongest possible liability case on your family’s behalf.
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How long does a wrongful death case take to resolve?
Q: How long does a wrongful death case take to resolve?
A: Wrongful death cases vary in timeline depending on complexity, the number of responsible parties, and the willingness of defendants to settle at fair value. Straightforward cases with clear liability may resolve in 12–18 months. Complex cases — particularly those involving medical malpractice, commercial trucking, or disputed liability — may take 2–4 years. We keep families informed at every stage and do not rush to a settlement that undervalues the loss.
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Do wrongful death settlements go through probate?
Q: Do wrongful death settlements go through probate?
A: In Florida, wrongful death proceeds do not pass through the deceased’s estate for probate purposes and are generally not subject to estate creditors. The personal representative distributes the recovery to the beneficiaries as specified by the Florida Wrongful Death Act. We work with you and, when appropriate, with your estate planning attorney to ensure the recovery reaches the right people in the most efficient way.
Speak With a Florida Wrongful Death Lawyer Today
Evidence fades quickly after accidents. Surveillance footage is deleted. Witnesses’ memories fade. Insurance companies move immediately to minimize claims.
Early legal guidance strengthens your position and protects your rights.
Don’t navigate this complex process alone. Schedule a free case evaluation to understand your rights, options, and potential compensation.
Get Your Free Case Evaluation →
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