Wrongful Death

Florida's Wrongful Death Act, Chapter 768 of the Florida Statutes, allows a claim when a death is caused by the wrongful act, negligence, default or breach of contract of another. We handle these cases with the care they require, and we keep the process off the family's shoulders wherever we can.

Who may bring the claim

Under Florida law, the claim is brought by the personal representative of the decedent's estate — not by family members individually. The personal representative files on behalf of the estate and of every surviving family member entitled to recover. Where no estate has been opened, opening one is the first step, and it is work we do as part of the case.

What may be recovered

Florida separates the survivors' losses from the estate's losses.

Survivors may recover the value of lost support and services, loss of companionship and protection, and mental pain and suffering — with different categories of survivor entitled to different elements. A surviving spouse and minor children have the broadest claims.

The estate may recover lost earnings from the date of injury to the date of death, the loss of net accumulations the decedent would have built over a normal life expectancy, and medical and funeral expenses paid by the estate.

The two-year deadline

A Florida wrongful death action must generally be filed within two years of the date of death. Claims involving a government entity require formal written notice much sooner. Evidence also degrades quickly — vehicles get repaired, scenes get cleaned, footage gets overwritten — so there are practical reasons to act well before the legal deadline.

How we handle these cases

We take on the parts a grieving family should not have to: the investigation, the accident reconstruction where one is needed, the medical and economic experts, the estate administration, and every conversation with the insurer. You will hear from us with real information, not updates that say nothing.