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Florida Wrongful Death Lawyers
There is often nothing more devastating than losing a loved one suddenly and unexpectedly. When that loss is caused by the reckless, negligent, or intentional actions of another person or corporation, the grief is often compounded by a profound sense of injustice. While your family is mourning, you may also be suddenly consumed by mounting medical bills, funeral costs, and the terrifying loss of your family’s primary financial support.
At the Law Offices of Jason Turchin, our compassionate Florida wrongful death lawyers are here to shoulder the legal burden so you can focus on your family. With over two decades of legal experience, our firm has successfully handled complex fatal accident claims across the entire state of Florida. We can aggressively pursue the at-fault parties and their insurance companies to secure the financial stability your family deserves.
👉 If your loved one was fatally injured, call (800) 337-7755 today or use our live chat for a free, strictly confidential consultation. You pay no attorney fees unless we win your case.
What is a Wrongful Death Claim in Florida?
When we go about our daily lives, we are generally legally expected to behave as a reasonably prudent person would under the same circumstances. If an individual or a corporation fails to conduct themselves reasonably, such as driving drunk or manufacturing a dangerous product, and someone is fatally injured, their conduct is legally considered negligent.
Under the Florida Wrongful Death Act (Florida Statute § 768.19), when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another, the deceased person’s estate may have the right to bring a civil lawsuit. The purpose of this lawsuit is to shift the financial burdens of the death from the innocent surviving family members onto the wrongdoer who caused the tragedy.
Who Can File a Wrongful Death Lawsuit in Florida?
This is one of the most highly regulated aspects of Florida law. Unlike some states where any close relative can initiate a lawsuit, Florida requires that a wrongful death claim be filed exclusively by the Personal Representative of the deceased person’s estate.
The Personal Representative (often named in the deceased’s will, or appointed by a probate judge if there is no will) files the lawsuit on behalf of all eligible surviving family members. The eligible “survivors” who may be entitled to receive a portion of the settlement typically include:
- The surviving spouse.
- Minor children of the deceased (and in certain limited circumstances, adult children).
- The parents of the deceased.
- Any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services.
What Damages Can Be Recovered in a Wrongful Death Lawsuit in Florida?
In Florida, compensation in a wrongful death lawsuit is divided into two distinct categories: damages awarded to the surviving family members, and damages awarded directly to the Estate.
Damages for the Surviving Family Members
- Mental Pain and Suffering: Significant compensation for the profound grief and emotional trauma caused by the sudden loss of a spouse, child, or parent.
- Loss of Support and Services: Financial recovery for the loss of the deceased’s income, as well as the value of household services they provided.
- Loss of Companionship: For spouses, this covers the loss of protection and companionship. For children, it may cover the loss of parental instruction and guidance.
Damages for the Estate
- Lost Net Accumulations: The projected value of the earnings the deceased would have saved and left as an inheritance had they lived a normal life expectancy.
- Medical and Funeral Expenses: Any emergency medical bills resulting from the fatal injury, as well as funeral and burial expenses, provided they were paid directly by the estate.
Common Causes of Wrongful Death in Florida
Our law firm has the financial resources and deep network of forensic experts often required to investigate highly complex fatal accidents. We handle wrongful death claims stemming from:
- Car Accidents and Fatal Drunk Driving Crashes
- Defective Products and Vehicle Failures
- Medical Malpractice and Surgical Errors
- Workplace and Construction Accidents
- Group Home Neglect and Nursing Home Abuse
- Criminal Acts and Apartment Complex Murders (Negligent Security)
Is Wrongful Death a Criminal or Civil Matter?
There are many circumstances in which negligence constitutes a crime. For example, if a commercial truck driver causes a fatal accident while intoxicated, the State Attorney’s Office will likely prosecute them in criminal court for vehicular manslaughter. The goal of the criminal case is to put the wrongdoer in prison.
A wrongful death claim, however, is a civil lawsuit filed by our attorneys on behalf of your family. The goal of the civil case is to secure financial justice. The burden of proof in a civil case (“a preponderance of the evidence”) is much lower than in a criminal case (“beyond a reasonable doubt”). This means our firm can often successfully sue a trucking company for negligently hiring a dangerous driver, even if the driver manages to avoid a criminal conviction.
Time Constraints: The Florida Statute of Limitations for Wrongful Death
When a loved one dies due to the negligence of another, you must act quickly. The strict legal time limit you have to file a lawsuit is called the statute of limitations.
Florida sets the statute of limitations for wrongful death at just two (2) years from the date of death. Because our attorneys must investigate the incident, hire experts, and potentially open an estate in probate court before a lawsuit can even be filed, it is critical that you contact a Florida wrongful death lawyer as soon as possible. If you miss this deadline, you can permanently lose your right to seek justice in court.
Florida Wrongful Death FAQs
How much does it cost to hire a wrongful death lawyer?
We handle all wrongful death claims on a strict contingency fee basis. This means we can advance all the massive costs for private investigators, accident reconstructionists, and court filing fees. You pay zero upfront costs, and you owe us no attorney fees unless we successfully win a settlement or jury verdict for your family.
Do we have to go through probate court to file a lawsuit?
Yes. Because Florida law requires the ‘Personal Representative’ of the estate to file the lawsuit, an estate must be officially opened in probate court. Our law firm has a network of probate attorneys, meaning we can help coordinate both the civil lawsuit and the probate administration simultaneously for you.
Are punitive damages available in a Florida wrongful death case?
Yes. If the defendant’s actions were exceptionally reckless, malicious, or intentional (such as a drunk driving crash or a murder), we can petition the court to seek punitive damages. These damages are specifically designed to financially punish the wrongdoer and deter others from committing similar acts.
Areas We Serve
If your family has suffered the ultimate tragedy, the time to act is now. We can represent grieving families in every county across the state. Click below to learn more about our local representation:
