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Wrongful Death Lawyer Helping Florida Families
If someone else’s negligence caused your loved one’s death in Florida, a wrongful death lawyer may help your family pursue a claim. Under Florida law, the estate’s personal representative usually files on behalf of the spouse, children, parents, and certain dependents, seeking damages for lost support, companionship, and funeral costs. Call 800-337-7755 to talk with our team.
No legal claim can replace a person. But families often face sudden bills, lost income, and unanswered questions about what happened. A wrongful death claim may give your family a way to hold the responsible party accountable and to ease some of the financial pressure that follows a preventable loss. At the Law Offices of Jason Turchin, we try to take on the legal work so your family can focus on grieving and healing.
What Counts as Wrongful Death in Florida?
Florida’s Wrongful Death Act (sections 768.16 through 768.26 of the Florida Statutes) generally applies when a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person or company. In plain terms, if the person who died could have brought a personal injury claim had they survived, the family may be able to bring a wrongful death claim instead. For a deeper look at the basics, you can read our guide on what wrongful death law covers.
These cases can arise from many situations, including:
- Car, truck, and motorcycle crashes
- Pedestrian and bicycle accidents
- Medical negligence in hospitals or other care settings
- Nursing home neglect or abuse
- Defective products and dangerous drugs
- Unsafe property conditions, drownings, and negligent security
- Workplace incidents involving third parties
Who May Be Able to File a Wrongful Death Claim
In Florida, the lawsuit is typically filed by the personal representative of the deceased person’s estate. That person is often named in a will or appointed by a court. The personal representative brings the claim for the benefit of the estate and the surviving family members.
Survivors who may be able to recover damages can include:
- The spouse
- Children of the person who died
- Parents
- Blood relatives and adoptive siblings who were partly or wholly dependent on the person for support or services
The rules about which family members may recover certain types of damages can get complicated, especially in medical negligence cases. Our article on who can sue for wrongful death and who receives the money explains this in more detail.
Damages a Family May Be Able to Recover
Every case is different, and no lawyer can promise a particular outcome. Depending on the facts, Florida law may allow recovery for:
- Lost support and services the person would have provided to the family
- Loss of companionship and protection for a surviving spouse
- Loss of parental companionship, instruction, and guidance for children
- Mental pain and suffering for certain survivors
- Medical and funeral expenses paid by a survivor or the estate
- Lost earnings and net accumulations the estate may have received
Examples of Wrongful Death Situations
The following scenarios are hypothetical and are shared only to show how these claims may arise. They are not actual case results.
- A distracted driving crash: A father driving home from work is struck by a driver who was texting. His wife and two children may be able to seek damages for lost income, lost guidance, and their grief, with the claim filed through his estate.
- A missed diagnosis: A woman visits an emergency room with signs of a blood clot and is sent home. She dies days later. Her family may want a review of whether the care fell below accepted medical standards.
- A pool drowning: A child drowns at an apartment complex pool where the gate latch had been broken for weeks. The parents may have a claim against the property owner or management company.
- A defective product: A space heater with a known wiring flaw starts a house fire. The surviving relatives who depended on the person who died may be able to pursue the manufacturer.
How Long Do You Have to File?
In many Florida wrongful death cases, the deadline to file a lawsuit is generally two years from the date of death. Some cases involve different rules, shorter notice requirements (for example, claims against government agencies), or added steps before filing, such as pre-suit procedures in medical negligence cases. Because evidence can fade and deadlines can pass quickly, speaking with a lawyer early may help protect your family’s rights.
Why Families Contact the Law Offices of Jason Turchin
Our firm has spent years helping injured people and grieving families across Florida. Jason Turchin, Esq. is an experienced personal injury attorney whose background includes:
- A+ rating from the Better Business Bureau every year from 2014 through 2026
- Selection to Super Lawyers from 2020 through 2026, and Super Lawyers Rising Star in 2011 and 2013 through 2016
- AV Preeminent Peer Rating and the Martindale-Hubbell Client Champion Platinum Award in 2026
- An AVVO 10.0 Superb rating
- Membership in the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum
- Recognition as a #1 best-selling author on Amazon.com on accident law
- Media features including CBS Evening News, CNN, The New York Times, The Wall Street Journal, and The Washington Post
We handle wrongful death matters throughout the state, including families who need an Orlando wrongful death lawyer and those seeking justice for a wrongful death in Fort Lauderdale.
What to Do After a Loved One’s Death
- Request copies of the death certificate, police reports, and medical records when possible.
- Keep receipts for medical, funeral, and burial costs.
- Avoid giving recorded statements to insurance companies before getting legal advice.
- Write down names of witnesses and anything you remember about what happened.
- Speak with an experienced wrongful death lawyer about your family’s options.
Wrongful Death Lawyer FAQs
How much does it cost to hire a wrongful death lawyer?
Many personal injury firms, including ours, handle wrongful death cases on a contingency fee basis, which generally means attorney’s fees and costs are only paid from a recovery if one is obtained.
Can a family file a claim if there are criminal charges?
Yes, a civil wrongful death claim can often move forward separately from a criminal case. The standard of proof in a civil case is generally lower, so a family may be able to pursue a claim even if there is no conviction.
What if my loved one was partly at fault?
Florida’s fault rules may reduce, and in some situations may bar, a recovery depending on how much fault is assigned to the person who died. A lawyer can review the facts and explain how these rules may apply.
How long does a wrongful death case take?
Some claims settle within months, while others may take a year or longer, especially if a lawsuit and trial are needed. The timeline often depends on the evidence, the insurance involved, and how the other side responds.
You can find more answers on our Florida wrongful death lawsuit FAQs page.
Talk With a Florida Wrongful Death Lawyer Today
Losing someone because of another person’s carelessness can turn your world upside down. You do not have to sort through insurance companies, court deadlines, and estate paperwork alone. Our team can listen to your situation, review what happened, and explain the options that may be available to your family. Call 800-337-7755 to speak with the Law Offices of Jason Turchin about your loved one’s case.
