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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.

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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.

Over 100 Years of Combined Personal Injury Experience in Florida

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Types of Wrongful Death Cases We Handle

Our Florida wrongful death attorneys have extensive experience handling a wide range of fatality cases with care and precision. These include:

Fatal Car, Truck, and Motorcycle Accidents

Traffic collisions are among the most common causes of wrongful death in Florida. Whether involving a reckless driver, a distracted motorist, or a vehicle malfunction, these accidents often result in catastrophic outcomes. Our firm represents families who have lost loved ones in car crashes, commercial trucking incidents, and motorcycle collisions, pursuing compensation from all liable parties, including drivers, manufacturers, and insurance companies.

Medical Malpractice, Including Birth Injuries and Surgical Errors

When trusted medical professionals make mistakes, the results can be fatal. Our attorneys handle wrongful death cases stemming from surgical errors, birth injuries, misdiagnoses, delayed treatments, and medication overdoses. We work with medical experts to identify how the standard of care was violated and ensure that hospitals, clinics, or individual practitioners are held accountable.

Fatal Industrial and Construction Accidents

The construction and industrial sectors are inherently hazardous, and a lack of safety compliance, defective equipment, or negligence can lead to deadly incidents. We represent the families of workers who lost their lives due to unsafe conditions, machinery malfunctions, or employer negligence. Our team conducts comprehensive investigations and pursues every available avenue for justice, including third-party liability claims.

Deaths Caused by Defective Drugs or Products

Products that reach the market without proper testing or adequate warnings can be dangerous, and sometimes deadly. From prescription medications with undisclosed side effects to faulty airbags and flammable consumer electronics, product defects claim lives every year. We handle cases against manufacturers, distributors, and retailers whose negligence contributed to a tragic loss.

Nursing Home Neglect and Elder Abuse

Elderly individuals deserve respect, care, and safety in nursing homes and assisted living facilities. Sadly, understaffed or poorly managed homes can subject residents to fatal neglect. We advocate for families whose loved ones have died due to untreated infections, falls, dehydration, medication errors, or outright physical abuse while in care facilities.

Drowning and Premises Liability Fatalities

Property owners have a duty to maintain safe environments for guests and visitors. Failure to secure a pool area, repair a faulty railing, or post hazard warnings can result in fatal accidents. We take on wrongful death cases involving drownings, slips, and other fatal incidents that occur due to negligent property maintenance or unsafe conditions.

Cases Involving Criminal Negligence or Misconduct

Some wrongful deaths occur in the context of criminal acts such as assault, homicide, or DUI-related crashes. While the state may pursue criminal charges, families still have the right to file a civil lawsuit for damages. Our firm supports victims’ families by seeking civil justice even when criminal proceedings are still underway or result in acquittal.

Over 100 Years of Combined Personal Injury Experience in Florida

Start My Claim (305) 931-6666

David Kleinberg

Jason Neufeld

Robert Pinkiert

How Our Florida Wrongful Death Lawyers Can Help

Losing a loved one is devastating. Trying to navigate the legal system at the same time is overwhelming. At InjuryClaimLawyer.com, our legal team is here to lift that burden from your shoulders.

We Offer:

  • Compassionate Counsel: We understand what you’re going through and approach every client with empathy.
  • Thorough Investigation: We gather police reports, medical records, surveillance footage, and expert testimony to build a compelling case.
  • Expert Collaboration: We consult with economists, forensic experts, and medical professionals to assess full damages.
  • Transparent Communication: We keep you informed at every stage and make sure your voice is heard.
  • Aggressive Representation: Whether negotiating a settlement or going to trial, we pursue maximum compensation.

You don’t have to face this alone. Let us fight for you and your loved one’s legacy.

Compensation in Wrongful Death Lawsuits

Florida law allows for multiple types of damages in wrongful death claims, categorized by the nature of the loss and the party entitled to receive compensation.

Damages Awarded to the Estate

These damages aim to reimburse the estate for direct financial losses tied to the incident. They include any medical expenses incurred prior to death, funeral and burial costs, as well as lost earnings and benefits the deceased would have provided throughout their lifetime. Additionally, they can account for property damage and other financial losses resulting from the fatal incident. These funds are eventually distributed to surviving beneficiaries.

Damages for Surviving Family Members

Close relatives may also receive compensation for the emotional and practical void left behind. A surviving spouse may be entitled to compensation for the loss of companionship, affection, and protection. Minor children can receive damages for the loss of parental guidance, care, and support, while parents of a deceased child may claim damages for emotional pain and suffering. Survivors may also be compensated for lost services — such as childcare or housekeeping — that the deceased once provided.

Punitive Damages

In especially egregious cases where the death was caused by gross negligence, recklessness, or intentional misconduct, punitive damages may be awarded. These damages are not intended to compensate the family but rather to punish the wrongdoer and deter similar future conduct.

Wrongful Death of a Child or Parent

Few tragedies are more profound than the loss of a child or parent. The emotional and financial implications in these cases are unique and deeply personal.

When a Child Passes Away

Parents may recover damages for:

  • Medical and funeral costs
  • Loss of companionship
  • Emotional grief and suffering

If the child was an adult, courts may also consider whether the parents relied on them financially or for care and support.

When a Parent Passes Away

Children—especially minors—may seek damages for:

  • Loss of parental guidance and support
  • Loss of financial provision (e.g., food, housing, education)
  • Emotional trauma

We advocate aggressively to ensure these sensitive cases are handled with the care they deserve.

Over 100 Years of Combined Personal Injury Experience in Florida

Start My Claim (305) 931-6666

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What to Expect When You Hire Our Firm

From the moment you contact us, we aim to make the legal process as smooth and supportive as possible. Here’s what working with InjuryClaimLawyer.com looks like:

Step 1: Free Consultation

We listen to your story, explain your rights, and determine whether you have a case — all at no cost.

Step 2: Detailed Case Review

Our team investigates thoroughly, collecting the documentation and expert insight needed to build a solid claim.

Step 3: Filing the Lawsuit

We file all necessary documents and communicate with the involved parties on your behalf.

Step 4: Negotiation or Trial

Many cases settle before trial, but we are always prepared to go to court if a fair settlement is not offered.

Step 5: Resolution and Closure

Once compensation is awarded or a settlement is reached, we help distribute funds and provide ongoing support.

Florida’s Statute of Limitations on Wrongful Death Claims

In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Missing this deadline may forfeit your right to compensation entirely.

However, exceptions may apply, particularly in medical malpractice or government liability cases. That’s why it’s critical to consult with an attorney as soon as possible.

Call Today for a Free Consultation

You’ve suffered a devastating loss. Let us take on the legal burden so you can focus on healing. With The Injury Claim Law Firm, justice is closer than you think.

Over 100 Years of Combined Personal Injury Experience in Florida

Start My Claim (305) 931-6666

FAQs

A wrongful death occurs when someone dies as a result of another person or company’s negligent or intentional actions. This includes car crashes, medical malpractice, workplace accidents, and more.
The claim must be filed by the deceased’s personal representative, but compensation can go to spouses, children, parents, or dependent relatives.
Damages are based on factors such as lost income, medical expenses, funeral costs, emotional distress, and loss of companionship.
Many are resolved through settlements, but if a fair amount isn’t offered, we are ready to take your case to trial.
Nothing upfront. We work on a contingency fee basis — you pay nothing unless we win your case.
The duration of a wrongful death case varies depending on the complexity of the facts, the willingness of the opposing party to settle, and whether the case goes to trial. Some cases settle in a few months, while others can take a year or more. Factors such as the need for expert testimony, disputes over liability, and court availability can all impact the timeline.
No. In Florida, only the personal representative of the deceased's estate can file a wrongful death claim. This person files on behalf of all eligible surviving family members, and the compensation is distributed accordingly. This helps streamline the process and prevents conflicting lawsuits.
You can still pursue a wrongful death claim even if the responsible party is facing criminal charges — or has already been convicted or acquitted. A civil case is independent of criminal proceedings and has a lower burden of proof, so you may still recover compensation regardless of the outcome of a criminal trial.
Yes. A wrongful death claim seeks damages on behalf of surviving family members for their personal loss. A survival action, on the other hand, is brought on behalf of the deceased person’s estate to recover damages the person would have been entitled to if they had survived — such as pain and suffering endured before death.
If the deceased did not leave a will, the court will appoint a personal representative — usually a close family member — to file the wrongful death claim. The compensation will then be distributed according to Florida’s laws of intestate succession.
Yes. Florida follows a modified comparative negligence rule. If the deceased was partially at fault, the total compensation may be reduced by their percentage of fault. However, if the deceased was more than 50% at fault, the family may be barred from recovery. An attorney can help evaluate how this law applies to your situation.
Proving wrongful death typically requires several key components. The first is documentation of the incident (e.g., police reports, accident scene photos). Next, medical records and autopsy results are typically required. If possible, witness statements can help to strengthen the claim. From here, expert medical and forensic opinions verify what happened. When seeking compensation, proof of damages is also essential. This can include income records, funeral costs, and even psychological evaluations due to the emotional harm.
In most cases, compensatory damages from a wrongful death settlement (such as for emotional distress or lost income) are not taxable under federal law. However, punitive damages and certain interest payments may be taxable. It’s advisable to consult a tax professional to understand your specific situation.

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Helping those Injured in Accidents Across Florida

While we are proud to call Miami and Aventura home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

We are here to help the residents of: