Florida Wrongful Death Defense Attorneys
Florida Wrongful Death Defense Attorneys
When someone’s family member dies in an accident, Florida law gives the surviving family the right to sue the party they believe is responsible. If you are that person, property owner, or business, you are now facing one of the most serious civil lawsuits in the Florida court system. Wrongful death claims involve substantial potential damages, lengthy litigation, and enormous emotional pressure from every direction. You need experienced legal representation from the very start.
Florida Civil Counsel, P.A. defends individuals, property owners, businesses, and organizations that have been named as defendants in wrongful death lawsuits. Our firm is based in Orlando and represents clients throughout Florida, from Jacksonville to Miami. We bring focused, strategic civil defense to these high-stakes cases and will work tirelessly to protect your rights at every stage of the process.
What Is a Wrongful Death Claim in Florida?
Under Florida Statute § 768.19, known as the Florida Wrongful Death Act, a wrongful death claim can be filed when someone dies as a result of another party’s wrongful act, negligence, default, or breach of contract. In plain terms, the deceased person’s surviving family or estate can sue you if they believe your actions or inactions caused or contributed to the death.
These cases are civil lawsuits, which means the standard of proof is lower than in criminal court. A jury does not need to be convinced “beyond a reasonable doubt.” They only need to believe it is more likely than not that you were at fault. That is why defendants who were never criminally charged can still face serious civil liability, and why taking a wrongful death lawsuit seriously from the first day is essential.
The claim is typically filed by the personal representative of the deceased person’s estate, on behalf of the surviving family members. Those family members may include a spouse, children, parents, or other dependents. The damages they can seek are broad and significant, covering medical and funeral expenses, loss of the financial support the deceased would have provided, loss of companionship and guidance, and in many cases, compensation for the mental pain and suffering of each surviving family member.
Common Situations That Lead to Wrongful Death Claims
Wrongful death lawsuits arise from many different types of incidents. Understanding the most common causes of wrongful death claims in Florida can help you understand the landscape of these cases. Our firm regularly defends clients in the following situations.
Motor Vehicle Accidents
Fatal collisions are among the most common triggers for wrongful death lawsuits in Florida. Defendants can include the driver, the vehicle owner, an employer whose employee was operating the vehicle, and sometimes a government entity responsible for a dangerous road condition. If you are facing a car accident defense matter that involves a fatality, the stakes are immediately elevated and the need for strong legal representation is urgent.
DUI-Related Deaths
When a death involves a driver who was under the influence of alcohol or drugs, the surviving family may pursue not only the driver but also any establishment that served alcohol before the incident. DUI wrongful death claims involve Florida’s dram shop liability rules, which can expose bars, restaurants, event hosts, and social hosts to substantial civil exposure beyond the driver’s own liability.
Premises Liability
If someone died on property you own, lease, or manage, you may be named as a defendant based on an unsafe condition, inadequate lighting, lack of security, or negligent maintenance. Our premises liability defense attorneys have extensive experience defending property owners, landlords, businesses, and HOAs in these cases throughout Florida.
Workplace Accidents
Florida employers and contractors can face wrongful death claims when a worker is killed on the job. While workers’ compensation typically provides the primary remedy for workplace deaths, third-party wrongful death claims remain possible in many circumstances. Certain industries carry a particularly elevated risk, including construction, transportation, manufacturing, and agriculture. Defendants in these cases are not always the decedent’s employer; they may include equipment manufacturers, subcontractors, property owners, or other parties with a connection to the job site.
Bar and Nightclub Incidents
Venues that serve alcohol face heightened wrongful death exposure, whether from fights, security failures, or overservice resulting in a fatal incident on or near the premises. Our bar and nightclub defense attorneys understand the specific legal and factual issues these businesses face, including the limits of dram shop liability, the duty to maintain safe premises, and the standards for adequate security.
What to Do After Being Served With a Wrongful Death Lawsuit
Receiving a wrongful death complaint is alarming. The document arrives with a clock ticking: in Florida, you generally have 20 days from the date of service to file a response. Missing that deadline can result in a default judgment entered against you, meaning the court rules in the plaintiff’s favor without your side of the story ever being heard.
The first call you make after receiving a lawsuit should be to a defense attorney, not to the other family’s attorney and not to any insurance adjuster looking for a recorded statement. Every word you say before retaining counsel can be used against you in litigation.
Once our firm is retained, we immediately begin reviewing the complaint, the underlying facts, and the insurance coverage available to you. We file the appropriate response to protect your legal rights, and we build a defense strategy tailored to the specific circumstances of the case. That strategy may include challenging whether your actions actually caused the death, disputing the damages being claimed, asserting comparative fault based on the deceased person’s own conduct, pursuing early resolution through negotiation or mediation, or taking the case to trial if that serves your best interests.
If your case involves a fatal motor vehicle accident, our investigation may include accident reconstruction analysis, review of vehicle data, witness interviews, and a close examination of every factor that contributed to the collision.
How Florida Civil Counsel, P.A. Defends Wrongful Death Cases
Wrongful death cases demand defense attorneys with real civil litigation experience. These are not routine personal injury disputes. They involve expert witnesses, complex damages calculations, emotionally charged depositions, and proceedings that can span months or years. A defense strategy that works in a minor fender-bender case is not the same strategy that works when a family’s loss is at the center of the courtroom.
Florida Civil Counsel, P.A. is a Florida civil litigation firm with substantial experience on both sides of serious personal injury and wrongful death cases. That dual perspective gives us a meaningful advantage: we understand how plaintiffs’ attorneys construct these cases, which means we know exactly where to look for weaknesses in the evidence and how to challenge the claims effectively.
Our defense services in wrongful death cases include a thorough factual investigation of the incident, analysis of all applicable insurance coverage, evaluation of the realistic damages exposure, pre-trial motion practice to narrow or dismiss claims where possible, skilled negotiation toward early resolution where appropriate, and complete trial representation if your case requires it. We serve clients in Orlando, Tampa, and communities throughout Florida.
We give every client an honest, realistic assessment of where their case stands. We do not settle cases simply to avoid hard work, and we do not take every case to trial out of principle. We pursue the strategy that genuinely serves your interests, and we keep you fully informed at every stage of the process.
Contact Florida Civil Counsel, P.A. Today
Facing a wrongful death lawsuit is one of the most stressful experiences a person or business can encounter. The financial exposure is serious, the process is long, and the emotional weight of the case is significant. You should not navigate this alone.
Florida Civil Counsel, P.A. is based in Orlando and represents defendants in wrongful death cases throughout the state of Florida. Whether you are an individual, a property owner, a business owner, or an employer, we are ready to evaluate your situation and put a defense strategy in place. Contact us today to schedule a consultation and discuss how we can help protect your rights.e burden off your shoulders so you can focus on moving forward.