Wrongful Death

The personal representative of the deceased person's estate files the claim, on behalf of the estate and the surviving family members. If there is no will naming a personal representative, the court appoints one. We handle that process as part of the case.

Florida's Wrongful Death Act defines survivors to include the spouse, minor children, and, in most circumstances, adult children and parents, as well as other blood relatives and adoptive siblings who were partly or wholly dependent on the decedent. What each survivor can recover depends on their relationship, and there are important limits in medical negligence cases.

Survivors may recover the value of lost support and services, loss of companionship and protection, loss of parental guidance, and mental pain and suffering. The estate may recover lost earnings, lost prospective net accumulations in some cases, and medical and funeral expenses. Punitive damages may be available where the conduct was grossly negligent or intentional.

Two years from the date of death, with limited exceptions. Because the evidence in fatal cases disappears quickly and estate proceedings take time, the practical window is much shorter. Contact counsel as soon as the family is able.

Yes. A criminal prosecution is brought by the state and seeks punishment. A wrongful death claim is brought by the family and seeks compensation. The two proceed independently, and a wrongful death claim can succeed even where no criminal charges are brought, because the burden of proof is lower.

No. An initial conversation commits you to nothing and lets us preserve evidence while the family takes the time it needs. Many families find that understanding their options removes one source of worry from an already unbearable time.