Fort Lauderdale Wrongful Death Lawyer

What Qualifies as a Wrongful Death in Florida?

A wrongful death occurs when someone dies because of another person or party’s negligent, reckless, or intentional actions. Negligence means the at-fault party failed to exercise reasonable care. Intentional harm involves deliberate actions that caused the death. Strict liability applies in certain cases, such as defective product claims, where fault exists regardless of intent.

Under Florida Statutes Section 768.16 through 768.26, a wrongful death claim applies if your loved one would have been able to file a personal injury lawsuit if they had survived. The key factor is whether another party’s actions or failure to act caused the death.

You may have a valid wrongful death claim if you can answer yes to questions like these:

• Was your loved one harmed because the at-fault party failed to act with reasonable care, such as by driving impaired?
• Did the at-fault party deliberately cause harm that resulted in your loved one’s death?
• Did a defective product or dangerous condition cause your loved one’s death, even if no one acted carelessly?
• Would your loved one have been able to file a personal injury lawsuit if they had survived their injuries?

If someone’s negligent, reckless, or intentional actions caused your loved one’s death, you may have grounds for a wrongful death lawsuit. Call The Bald Injury Lawyers today for a free case review. We listen with compassion, and we won’t waste your time or money.

Who Can File a Wrongful Death Claim in Florida?

Florida law only allows the personal representative of the deceased person’s estate to bring a wrongful death claim. If the deceased did not appoint a personal representative in their will – or there is no will – then the court will appoint someone to take on this role. The personal representative then files the lawsuit on behalf of the deceased person’s estate. The surviving family members then recover damages from the resulting claim.

Survivors who may have the right to recover compensation from the lawsuit include:

Surviving Spouse

A surviving spouse may recover damages for loss of companionship, protection, and support. If the deceased person had no children, the spouse may also seek compensation for lost future earnings and other financial losses.

Children of the Deceased

Children under 25 may recover for lost parental companionship and guidance. Children 25 or older may recover these damages only if there is no surviving spouse, and not in medical malpractice cases (§ 768.21(3), (8)). Minor children may also recover for lost services and financial support they would have received.

Parents of the Deceased

Parents of an adult child may recover for their pain and suffering if there are no other survivors, except in medical malpractice cases. The claim is brought by the personal representative. Parents of minor children who die can recover for mental pain and suffering, as well as medical and funeral expenses.

Blood Relatives or Adoptive Siblings

If the deceased was partly or wholly dependent on a blood relative or adoptive sibling, that person may recover for lost support and services.

What Compensation Can I Recover in a Wrongful Death Claim in Florida?

Florida law allows surviving family members to recover both economic and non-economic damages in a wrongful death claim. Economic damages cover the financial losses your family has suffered and will continue to suffer. Non-economic damages compensate for the emotional and personal losses that cannot be measured in dollars. The amount and types of compensation depend on your relationship to the deceased and the circumstances of the death.

Qualified family members may be eligible to recover compensation for:

• Medical Expenses: Costs for medical treatment your loved one received from the moment they were injured and up until their death.
• Funeral and Burial Costs: Reasonable expenses for funeral services, burial, or cremation.
• Lost Income and Financial Support: Wages, benefits, and other financial contributions your loved one would have provided to the family, such as daily living costs, mortgage payments, and other family needs.
• Loss of Companionship and Protection: The value of the relationship, guidance, and emotional support your loved one provided.
• Mental Pain and Suffering: The emotional distress and grief experienced by surviving family members.
• Lost Parental Companionship: The guidance, care, and nurturing a child has lost due to a parent’s death.
• Loss of Services: The value of household services, care, and assistance your loved one provided to the family.
• Estate Losses: Lost earnings from the time of injury to death, and the money your loved one would have saved and passed on to family if they had lived a full life.

Common Causes of Wrongful Death

Wrongful deaths happen in many different ways, but they all share one thing in common: they were all the result of someone’s negligent, reckless, or intentional actions.

In Fort Lauderdale and throughout Broward County, these are some of the more common causes of wrongful death:

• Motor Vehicle Accidents: Car crashes, truck accidents, and motorcycle collisions caused by distracted driving, speeding, impaired driving, or reckless behavior.
• Pedestrian and Bicycle Accidents: Drivers who fail to yield or exercise caution around vulnerable road users, like pedestrians or cyclists.
• Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes, and other forms of medical negligence that result in death.
• Nursing Home Abuse and Neglect: When negligent long-term care leads to medication errors, falls, dehydration, malnutrition, and various forms of abuse.
• Workplace Accidents: Construction site accidents, industrial incidents, and other job-related fatalities caused by unsafe conditions or employer negligence.
• Defective Products: Dangerous or defective consumer products, medications, medical devices, and vehicles that cause fatal injuries.
• Premises Liability: Fatal slip and fall accidents, drownings, inadequate security, and other hazards on someone else’s property.
• Violent Crimes: Assault, homicide, and other intentional acts of violence that result in death.

What Should I Do If I Think I Have a Wrongful Death Case?

Taking the right steps immediately after your loved one’s death can protect your family’s legal rights and strengthen your wrongful death claim. The days and weeks following a loss are overwhelming, but certain actions now can make a significant difference in your case.

If you believe someone’s negligent or wrongful actions caused your loved one’s death, here are some initial steps you should take:

• Contact a Fort Lauderdale wrongful death attorney immediately: An attorney can protect your rights, preserve critical evidence, and handle all legal matters while you focus on your family.
• Gather important documents: Collect medical records, accident reports, police reports, and the death certificate related to your loved one’s death.
• Save all receipts: Keep documentation for medical bills, funeral expenses, and any costs related to your loved one’s death.
• Write down what you remember: Document details about the incident while they are still fresh in your mind.
• Get witness contact information: If anyone saw what happened, get their names and phone numbers before memories fade or people move away.

What Is a Survival Action and When Does That Type of Claim Get Filed?

A survival action is different from a wrongful death claim, though both can arise from the same incident. A survival action allows the deceased person’s estate to recover damages the victim could have claimed if they had survived. This includes compensation for the pain, suffering, and expenses your loved one experienced between the time of injury and death.

The personal representative of the estate files a survival action on behalf of the deceased person, not the surviving family members. Any compensation recovered through a survival action becomes part of the estate and is distributed according to Florida law or the deceased person’s will.

A survival action can recover damages for:

• Pain and Suffering: The physical pain and emotional distress your loved one endured from the time of injury until death.
• Medical Expenses: All medical bills and treatment costs incurred before death.
• Lost Wages: Income your loved one lost between the time of injury and death.
• Loss of Earning Capacity: Wages your loved one could have earned if they had lived but died before recovering from their injuries.

Can Families File Both a Wrongful Death Claim and a Survival Action in Florida?

Yes – in Florida families can file both a wrongful death claim and a survival action arising from the same incident. The wrongful death claim compensates survivors for their losses. The survival action compensates the estate for what the deceased person suffered and lost. Together, these claims provide comprehensive compensation for the full impact of your loved one’s death.

Why Families Choose The Bald Injury Lawyers for Wrongful Death Claims

Losing a loved one is hard enough without dealing with insurance companies, legal deadlines, and complex paperwork. At The Bald Injury Lawyers, we cut through the noise and fight for what your family deserves. We are former insurance defense attorneys who know exactly how insurance companies try to minimize payouts. Now we use that insider knowledge to benefit you. We fight to hold liable parties accountable and maximize your compensation.

Fort Lauderdale families trust us because:

• We Know How Insurance Companies Think: We understand every tactic insurers use to deny or devalue claims. We leverage this knowledge to anticipate their strategy and stay three steps ahead.
• We Handle Everything While You Grieve: You should not have to fight legal battles while mourning your loved one. We manage every detail so you can focus on your family.
• We Pursue Full Compensation: We do not settle for lowball offers. We build strong cases backed by evidence and pursue full and fair compensation for your family.
• No Attorney’s Fee Unless We Win: We work on contingency, so there is no attorney’s fee up front. We only get paid when we recover compensation for your family, and your contingency fee agreement explains how case expenses are handled.
• We Answer When You Call: When you need us, we are there with straight answers and clear guidance. No waiting for days to get a callback.
• We Have a Proven Track Record in Broward County: We have helped Fort Lauderdale families recover millions in wrongful death settlements and verdicts.

Questions People Often Ask About Wrongful Death Claims

Families facing the loss of a loved one often have urgent questions about their legal rights and options. Here are answers to some of the most common questions we hear from Fort Lauderdale families pursuing wrongful death claims.

How long do I have to file a wrongful death claim in Florida?

You have two years from the date of your loved one’s death to file a wrongful death lawsuit in Florida. This deadline is strict. If you miss it, you lose your right to compensation. Contact an attorney as soon as possible to protect your rights and preserve evidence.

Can we still recover if our loved one was partly at fault?

You can still recover compensation if your loved one was partially at fault. Florida law allows recovery as long as your loved one was 50 percent or less responsible. The court reduces your damages by your loved one’s percentage of fault. If your loved one was more than 50 percent at fault, you cannot recover.

Does there need to be a criminal conviction to bring a wrongful death claim?

No. Wrongful death claims are civil cases with a lower burden of proof than criminal cases. You only need to prove the other party’s negligence or reckless actions caused your loved one’s death.

Call The Bald Injury Lawyers When You Need a Wrongful Death Lawyer in Fort Lauderdale

You should not have to fight insurance companies and legal battles while grieving your loved one. We take on that burden so you can focus on your family.

At The Bald Injury Lawyers, our legal team is highly qualified, compassionate, and determined. We handle every detail so you can focus on your family, and we fight for full compensation.