When someone you love is taken from you due to another party’s negligence or wrongful actions, the grief is immeasurable. The law cannot undo the pain of your loss, but it can offer a pathway to justice and financial support. At The Injury Claim Law Firm, our compassionate and experienced Florida wrongful death attorneys are committed to guiding families through this heartbreaking time with dignity, determination, and relentless advocacy.
With decades of experience, a track record of significant recoveries, and a client-first approach, we are ready to help you hold the responsible parties accountable. You deserve answers. You deserve justice.
Understanding Wrongful Death in Florida
Wrongful death occurs when someone’s life is cut short due to the negligent, reckless, or intentional actions of another person or entity. In legal terms, it is a civil claim brought on behalf of the deceased by their estate or surviving family members. Unlike a criminal case, which seeks punishment, a wrongful death lawsuit aims to obtain compensation for the loss of a loved one and the financial and emotional burdens left behind.
These cases can arise from many situations:
- A distracted driver on the highway
- A misdiagnosis in a hospital
- A defective product in a home
- Unsafe conditions on a worksite
In each instance, someone had a duty of care and failed to uphold it, resulting in irreversible consequences.
Who Can File a Wrongful Death Claim?
Under Florida Statutes Section 768.21, only certain individuals are eligible to recover damages in a wrongful death lawsuit. Typically, the claim must be filed by the personal representative of the deceased’s estate, but the compensation is meant for surviving family members who have suffered due to the death.
Eligible beneficiaries may include:
- The deceased’s spouse
- Children, both minor and adult (with limitations in medical malpractice cases)
- The deceased’s parents, particularly in cases involving the loss of a minor child
- Other dependent relatives or adoptive siblings who relied on the deceased for support
Understanding your eligibility is crucial, and our attorneys are here to help clarify your rights and initiate the claim process on your behalf.
Common Causes of Wrongful Death
Wrongful death can result from a wide range of circumstances, many of which are preventable. Below are some of the most common causes that lead to these tragic claims:
Motor Vehicle Accidents
Whether caused by drunk driving, distracted driving, speeding, or a failure to follow traffic laws, car, truck, and motorcycle collisions are among the leading causes of wrongful death in Florida.
Medical Malpractice
Doctors and healthcare professionals are held to high standards. When they fail to diagnose, treat, or manage conditions properly, the consequences can be fatal. Examples include surgical errors, delayed diagnosis, and medication mistakes.
Workplace Accidents
Construction sites, factories, and warehouses are especially prone to accidents involving machinery, falls, or lack of safety compliance. In severe cases, workers may not survive, prompting a claim.
Product Liability
When a product — from household appliances to vehicles — is defectively designed or manufactured, it can become deadly. Manufacturers and distributors may be held responsible for deaths resulting from unsafe products.
Nursing Home Neglect or Abuse
Elderly residents deserve dignity and care. Sadly, understaffed or negligent facilities can lead to fatal neglect, such as dehydration, untreated infections, or physical abuse.
Criminal Acts
Some wrongful death claims follow violent crimes such as assault, homicide, or vehicular manslaughter. While criminal prosecution may occur, civil action ensures the family can pursue financial justice.