Wrongful Death Attorneys

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Florida Wrongful Death Attorneys

Losing someone you love is devastating under any circumstances. When that loss happens because of another person’s carelessness, recklessness, or deliberate wrongdoing, the grief is compounded by a deep sense of injustice. You deserve answers, accountability, and support as you figure out what comes next.

At Florida Civil Counsel, P.A., our wrongful death attorneys represent surviving families throughout Florida. Based in Orlando, we handle cases from Jacksonville to Miami, from Tampa to the Panhandle. Our team understands the legal and emotional weight these cases carry, and we are committed to pursuing the compensation and justice your family deserves.

What Is Wrongful Death Under Florida Law?

Wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional conduct. Negligence simply means failing to act with the level of care a reasonable person would use in the same situation.

Florida’s Wrongful Death Act, codified at Sections 768.16 through 768.26 of the Florida Statutes, governs how these claims are filed and who is entitled to recover damages. Under this law, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate, sometimes called the estate administrator, on behalf of eligible surviving family members. If no representative exists, the court can appoint one.

The statute identifies who may receive compensation. This typically includes surviving spouses, children (including adult children in certain circumstances), parents of minor children, and other blood relatives who depended on the deceased for financial support.

Who Can File a Wrongful Death Lawsuit?

The personal representative of the estate files the lawsuit. In many cases, this is a spouse, adult child, or parent who is also a beneficiary under the estate. If your loved one had a will, the personal representative is often named in it. If there was no will, the court appoints someone, typically the closest surviving family member.

If you are unsure whether you qualify to bring a claim or how to get started, a consultation with our team can walk you through the steps specific to your situation at no cost.

Common Types of Florida Wrongful Death Cases

Wrongful death claims arise from many types of incidents. While every case is unique, the cases we handle most often fall into the following categories.

Vehicle Accidents

Motor vehicle crashes are among the most common causes of wrongful death in Florida. Car accidents, motorcycle crashes, truck collisions, pedestrian accidents, and bicycle accidents can all give rise to a wrongful death claim when caused by a negligent driver or another responsible party.

Fatal motorcycle accidents often involve complex insurance disputes, and our team has specific experience helping families navigate those claims. Our Florida fatal motorcycle accident family guide explains what steps to take after losing a loved one in a crash. If your loved one was killed by a driver who was under the influence, a DUI wrongful death claim may also support a request for punitive damages, which are additional damages designed to punish especially reckless conduct.

When a pedestrian is struck and killed, the consequences for the family are immediate and severe. Our team investigates crosswalk protocols, traffic signals, and driver behavior to establish who is responsible. You can learn more about pedestrian wrongful death claims in Florida and how these cases unfold.

Workplace and Construction Site Deaths

Deaths resulting from workplace accidents, construction site hazards, or occupationally related illness can form the basis of a wrongful death lawsuit. Florida’s construction industry carries significant risk, and when safety regulations are ignored, the consequences can be fatal. We investigate equipment failures, falls, inadequate training, and regulatory violations to identify all liable parties, including contractors, subcontractors, and property owners.

Defective Products

When a product is designed or manufactured dangerously, or fails to carry adequate warnings, and someone dies as a result, the manufacturer or distributor may be liable under a product liability theory. These cases require detailed investigation of the product’s design history and manufacturing process, and typically involve expert witnesses who can explain how the failure occurred and who bears responsibility.

Premises Liability

Property owners in Florida have a legal duty to maintain reasonably safe conditions for visitors. When a fatal accident occurs because a property was negligently maintained or hazardous conditions were ignored, the property owner may be held liable. These cases can involve apartment complexes, businesses, hotels, private residences, and public facilities.

Our overview of the top five causes of wrongful death claims in Florida can help surviving families recognize when legal action may be appropriate.

What Compensation Can Your Family Recover?

A successful wrongful death claim can provide several forms of compensation, which the law refers to as damages. Florida law allows surviving family members to recover for the financial support and services the deceased would have provided, the loss of companionship, guidance, and protection (particularly for surviving spouses and minor children), the emotional pain and suffering caused by the loss, and the medical expenses incurred before death as well as funeral and burial costs.

The value of a wrongful death case depends on many factors, including the age and earning capacity of the deceased, the number and ages of surviving dependents, the circumstances surrounding the death, and whether the at-fault party’s conduct was especially egregious.

How Long Does Your Family Have to File?

In Florida, the statute of limitations (the legal deadline to file a lawsuit) for wrongful death cases is generally two years from the date of death. Missing this deadline almost always means losing the right to pursue compensation, regardless of how strong the underlying case may be. If you are unsure where your family stands, it is important to speak with an attorney promptly so no critical deadlines are missed.

How Our Attorneys Handle Your Case

Our approach is thorough and transparent. We begin with a detailed consultation to understand your family’s situation, review the circumstances of the death, and explain what legal options may be available. From there, we conduct a comprehensive investigation, gathering medical records, accident reports, witness statements, and any other evidence needed to build a compelling case.

We manage every step of the process, from filing the claim and meeting all legal deadlines to negotiating with insurance companies and, if necessary, taking your case to trial. Families throughout Florida, including those in Tampa, Miami, and communities across Central Florida, have trusted our team to handle the most difficult civil cases with professionalism and care.

If your family is located in the Orlando area, visit our Orlando wrongful death attorneys page for information specific to Central Florida families.

Contact Florida Civil Counsel, P.A. Today

No family should have to fight for accountability alone after losing someone they love. Our team is here to shoulder the legal burden so you can focus on your family and the people who need you most right now.

We represent clients in wrongful death cases across Florida, from the first consultation through resolution. There is no cost to speak with us, and everything you share is confidential.If you are ready to learn more about your options, we invite you to contact us today to schedule a consultation.ando, Florida

Frequently Asked Questions

A wrongful death claim in Florida arises when a person dies due to the negligence, recklessness, or intentional misconduct of another person or entity. It seeks to secure compensation for the deceased’s surviving family members or estate.

In Florida, the personal representative of the deceased person’s estate, as named in their will or appointed by the court, typically files a wrongful death lawsuit. This claim is made on behalf of the surviving family members, usually spouses, children, and parents.

In Florida, a wrongful death claim must be filed within two years of the date of death, although there are certain exceptions that may extend or shorten this timeframe.

Yes, surviving spouses and, in some cases, other family members can seek compensation for pain and suffering, loss of companionship, and emotional distress in Florida wrongful death cases.

In Florida, families can recover damages for loss of support and services, loss of companionship and protection, mental pain and suffering, medical and funeral expenses, and lost earnings of the deceased person.

Liability in a wrongful death case is proven by establishing negligence or intentional misconduct, demonstrating that this conduct caused the death, and showing the extent of damages suffered by the surviving family members.

Yes, a wrongful death claim is a civil action and is independent of any criminal proceedings, meaning it can proceed even if there are ongoing criminal cases related to the death.

Wrongful death settlements in Florida are typically paid by the liable party’s insurance company, either as a lump sum or in structured payments, depending on the agreement reached during the settlement negotiations.

Yes, even if the deceased didn’t hold a job, families can still seek compensation for loss of companionship, guidance, and household services, along with pain and suffering and medical and funeral expenses in Florida.

A seasoned Florida wrongful death attorney can provide legal counsel, navigate the complexities of wrongful death laws, investigate the claim, negotiate settlements, and represent your interests in court to ensure you receive the rightful compensation.