Did you lose a loved one in a fatal accident in Florida because of someone else’s negligence? Your family may deserve substantial compensation. An experienced Florida wrongful death lawyer can help you maximize your financial award. Our team at Shaked Law Personal Injury Lawyers is well-prepared to help you fight for every dollar you deserve.
Since 2007, our award-winning lawyers have helped clients recover hundreds of millions of dollars in settlements and verdicts. We bring over 100 years of legal experience to the table.
We’re prepared to help you stand up to the insurance companies and fight for a full and fair settlement. Contact us today at (305) 937-0191 to schedule a free consultation and learn more about your legal options.
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Why Should I Call Shaked Law Personal Injury Lawyers for Help With a Wrongful Death Claim in Florida?
Wrongful death cases are challenging on many different levels. First, the victim isn’t here to tell their side of the story. That can make it tough to prove your case. Second, responsible parties often try to manipulate the facts and blame the victim to avoid financial responsibility.
Our experienced Florida personal injury lawyers at Shaked Law Personal Injury Lawyers know how to handle these and other challenges you may face.
Our board-certified civil trial lawyers have been recognized by Super Lawyers and The National Trial Lawyers. We’ve also earned a place as members of the Multi-Million Dollar Advocates Forum.
Hire us, and you gain a team to:
- Conduct a thorough investigation into the cause of your loved one’s death
- Determine who is financially responsible for your damages
- Identify and document your damages
- Determine how much compensation you deserve
- Hire experts as needed
- Negotiate for every penny your family deserves
Dealing with the insurance companies and defense teams can be challenging even when they seem sympathetic. Call our Florida personal injury attorneys for the legal assistance you deserve today.
What Laws Impact Wrongful Death Claims in Florida?
The Florida Wrongful Death Act governs wrongful death claims in Florida.
Under Florida law, survivors have the right to file a wrongful death lawsuit if:
- Someone’s death was caused by the “wrongful act, negligence, default, or breach of contract or warranty of any person”, and
- The victim would have had the right to file a personal injury lawsuit had they lived
In plain terms, a wrongful death is any death caused by the actions of someone else.
How Does My Family File a Wrongful Death Lawsuit in Florida?
Under Florida law, the victim’s personal representative files the lawsuit. That person can be a surviving family member, advisor or even a close friend.
When compensation is recovered, it is distributed to the victim’s:
- Surviving spouse
- Children
- Parents
- Any blood relatives or adoptive siblings who depended on the victim for financial support
If you have questions about filing a wrongful death claim, call our lawyers in Florida today. We offer free case reviews, so there’s no risk in exploring your options.
How Do I Know Whether I Have a Valid Wrongful Death Case?
Wrongful death cases can be based on intentional wrongdoing or simple carelessness. The bottom line is that if someone else was responsible for your loss, they should be held accountable.
Wrongful death cases can be based on many different fact patterns.
Examples include:
- A careless driver ran a red light and caused a fatal crash
- A property owner failed to fix a railing and a fatal slip and fall accident occurred
- A surgeon made a mistake during surgery and caused your loved one’s death
- A drunk driver caused a fatal car accident
Regardless of the facts, when a wrongful death case is successful, the remedy is financial compensation. That’s true even if the defendant’s acts were also criminal in nature.
How Common Are Fatal Accidents in Florida?
Deadly accidents are all too common in the state of Florida. Even getting in a vehicle can be deadly. 3,099 people died in traffic accidents across the state of Florida in 2024 alone.
Another 306 people died in work-related accidents in 2023. Statewide, 4,380 people died due to injuries sustained in fall accidents.
What is My Florida Wrongful Death Case Worth?
The value of a wrongful death case in Florida depends on many unique factors.
The most important facts to consider are:
- The circumstances surrounding your loved one’s death
- Your loved one’s age and life expectancy
- The ways your family’s life has changed due to the unexpected loss
- Your loved one’s earning capacity, calculated based on prior wages, work history and education
- How your loved one contributed to the household prior to death
- The expenses you incurred (medical costs, burial expenses, etc.)
Putting a dollar value on your tragic loss can be incredibly difficult. That’s especially true because many of the losses you’ve suffered are future losses–so they’re difficult to anticipate. Often, our lawyers bring in experts who can testify about the value of your future losses.
What Types of Damages Are Available to Survivors in a Successful Wrongful Death Case in Florida?
If your case succeeds, you can pursue compensation for economic damages and non-economic damages.
Examples of the types of damages available in wrongful death cases include:
- Loss of the victim’s financial support
- Loss of the value of household services the victim provided
- Loss of a spouse’s companionship and protection
- Loss of a parent’s guidance, support and instruction
- Emotional trauma and suffering
- Medical expenses incurred to treat the victim between the date of injury and date of death
- Loss of reasonably expected prospective net accumulations (or loss of inheritance)
- Funeral expenses
- The victim’s lost earnings between the date of injury and date of death, with interest
Punitive damages may also be available if the defendant’s acts were intentional or grossly negligent. While compensatory damages focus on compensating your family for your losses, punitive damages focus on punishing the defendant for their acts.
What Does it Cost to Hire a Wrongful Death Lawyer in Florida?
Your attorneys’ fees will depend on how much compensation we’re able to recover in your case. We work on a contingency fee basis. When you hire us, you’ll agree to pay a percentage of your settlement or verdict.
How Can Florida Shared Fault Laws Impact the Value of My Wrongful Death Case?
Insurance companies often blame victims for causing their own injuries. That’s true even if those injuries prove to be fatal.
Florida has a modified comparative negligence law. Your family could lose your right to compensation entirely if the insurance company can prove your loved one was more than 50% for their own injuries.
If the insurance company can prove that your loved one was partly responsible, but less than 51% responsible, your compensation will be reduced by any percentage of fault assigned to them.
What Causes Most Wrongful Deaths in Florida?
Our attorneys at Shaked Law Personal Injury Lawyers handle all types of wrongful death cases, including those involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Uber or Lyft accidents
- Slip and fall accidents
- Dangerous property conditions, or premises liability
- Negligent security
- Boating accidents
- Cruise ship accidents
- Accidents involving recreational vehicles
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products, or product liability
- Medical malpractice
- Nursing home abuse or neglect
- Intentional criminal homicide or murder
Contact our Florida wrongful death attorneys to learn whether you have a valid claim for compensation.
How Do I Prove My Family Deserves Compensation After a Fatal Accident in Florida?
The same legal theories that apply in personal injury cases also apply wrongful death cases. Most survivors have to prove negligence to recover damages.
Negligence means:
- The defendant had a legal duty of care
- They breached their duty of care
- That breach of duty was the direct cause of your loved one’s death
- Your family suffered damages as a result
Every person has a duty to exercise a reasonable amount of caution under the circumstances. If someone else failed to exercise the level of caution that a reasonable person would have used under the circumstances, they can be held responsible.
Your family has enough to deal with right now. Our lawyers can handle the investigation into your loved one’s death. We know how to locate the crucial evidence you’ll need to prove your case. The sooner we start working, the better, so give us a call today.
How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Accident in Florida?
In Florida, the statute of limitations in wrongful death cases is two years. You have two years from the date of the victim’s death to file a lawsuit. If you wait longer than two years, you lose your right to compensation entirely.
Contact a Trusted Florida Wrongful Death Lawyer for a Free Consultation
It’s important to know that you do have legal rights after the loss of a loved one. Our Florida wrongful death lawyer at Shaked Law Personal Injury Lawyers is here to help your family recover every dollar you deserve. Contact us today to learn more about your legal rights.