No loss is more devastating than the death of someone you love, and when that death results from another party’s negligence, the grief is compounded by a profound sense of injustice. Florida law gives surviving family members the right to pursue a wrongful death claim — a civil lawsuit designed to hold the responsible party accountable and provide financial relief to those left behind.
Wrongful death cases in Florida are among the most legally complex in Parkland personal injury law, requiring detailed knowledge of the Florida Wrongful Death Act, careful attention to who may file and what damages are available, and a thorough investigation into how the death occurred and who bears responsibility.
If your family has lost a loved one due to another party’s negligence in or around Parkland, a Parkland personal injury lawyer from Rosen Injury Law is ready to help.
Call us at (954) 787-1500 or visit our contact page to schedule your free consultation. We are available 24 hours a day, seven days a week, and we handle every wrongful death case with the compassion and dedication your family deserves.
Why Families Trust Rosen Injury Law
- Eric Rosen is Double Board Certified by the Florida Bar as a Civil Trial Specialist, a distinction held by fewer than 2% of Florida attorneys.
- Our attorneys have recovered over $125 million for injured clients and their families throughout South Florida, including significant results in wrongful death cases.
- We bring nearly 20 years of Florida personal injury and wrongful death experience, including cases arising from Parkland car accidents, truck accidents, medical negligence, premises liability, and more.
- We handle every wrongful death case on a contingency fee basis — your family pays nothing upfront, and we collect no fee unless we recover compensation for you.
- We are available around the clock, including for home visits, to make sure your family has access to legal guidance when you need it most.
What Is a Wrongful Death Claim in Florida?
Under the Florida Wrongful Death Act, a wrongful death claim arises when a person dies because of another party’s wrongful act, negligence, default, or breach of contract. Florida Statute § 768.19 establishes this right of action.
In practical terms, this means that if your loved one would have had the right to pursue a personal injury claim had they survived, their estate can pursue a wrongful death claim instead. The types of incidents that give rise to wrongful death claims in Florida include:
- Car accidents
- Truck accident motorcycle accidents
- Pedestrian and bicycle accidents
- Premises liability incidents, including slip and fall accidents and inadequate security
- Medical malpractice and healthcare provider negligence
- Boating and watercraft accidents
- Defective products
- Workplace accidents involving third-party negligence
- Intentional acts, including homicides
Who Can File a Wrongful Death Claim in Florida?
Florida law designates the personal representative of the deceased’s estate as the only party authorized to file a wrongful death lawsuit. The personal representative — typically named in the decedent’s will or appointed by the probate court if no will exists — files on behalf of the estate and all eligible surviving family members.
Under Florida Statute § 768.18, eligible survivors include:
- The surviving spouse
- The decedent’s children, including minor children and adult children
- The decedent’s parents
- Blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services at the time of death
What Damages Are Available in a Florida Wrongful Death Case?
Florida Statute § 768.21 establishes the damages available in a wrongful death case, divided between damages for survivors and damages for the estate:
Damages for survivors:
- The value of lost support and services the decedent would have provided, calculated from the date of injury to the anticipated date of death and beyond
- The surviving spouse’s loss of companionship, protection, and mental pain and suffering
- A minor child’s loss of parental companionship, instruction, and guidance, as well as mental pain and suffering
- Adult children may recover for lost parental companionship and mental pain and suffering if there is no surviving spouse
- Parents of a minor child may recover for mental pain and suffering; parents of an adult child may recover only if there are no other survivors
- Any family member who paid for the decedent’s medical or funeral expenses may recover those costs
Damages for the estate:
- Lost earnings from the date of injury to the date of death
- Loss of prospective net accumulations — the savings and estate the decedent would likely have built over their expected lifetime
- Medical and funeral expenses charged to the estate
How Long Does a Family Have to File?
Under Florida Statute § 95.11(5), wrongful death claims must be filed within two years of the date of death. This deadline is separate from the general personal injury statute of limitations, though both currently land at two years. Missing this deadline will almost certainly result in the claim being permanently dismissed.
Because the personal representative must be formally appointed before the lawsuit can be filed, and because wrongful death investigations take time to conduct properly, it is critical to begin the legal process as soon as possible after a loved one’s death.
How a Wrongful Death Attorney Can Help Your Family
Wrongful death cases involve a level of legal complexity that goes well beyond a standard personal injury claim. An experienced attorney can:
- Navigate the personal representative process. If your family has not yet appointed a personal representative, an attorney can help guide the process and ensure the appointment is made promptly to avoid jeopardizing the filing deadline.
- Identify every eligible survivor. The wrongful death complaint must specifically identify every eligible survivor and their relationship to the decedent. An attorney makes sure no beneficiary is overlooked.
- Investigate the circumstances of the death. Building a successful wrongful death claim requires thorough investigation — gathering evidence, working with medical providers and accident reconstruction professionals, and documenting the full scope of the family’s losses.
- Calculate the full value of the claim. A wrongful death claim involves complex calculations of lost future earnings, lost net accumulations, and non-economic damages that vary depending on the survivor’s relationship to the decedent. An attorney can work with financial and medical professionals to ensure every aspect of the family’s loss is accounted for.
- Handle all communications and negotiations. From insurance companies to defense attorneys, an attorney takes over all legal communications so your family can focus on healing rather than legal battles.
- Take the case to trial if necessary. Most wrongful death cases settle before trial, but when a fair resolution cannot be reached, having a Double Board-Certified Civil Trial Specialist lead your case sends a clear message that your family is prepared to pursue justice all the way to a jury verdict.
Frequently Asked Questions
Can a wrongful death claim proceed at the same time as a criminal case?
Yes. A civil wrongful death claim is entirely separate from any criminal prosecution arising from the same incident. A civil case can proceed regardless of whether criminal charges are filed, and a criminal conviction can be used as evidence of negligence in the civil case. Even if no charges are filed, or the defendant is acquitted, your family’s wrongful death claim can still succeed.
What if the decedent was partially at fault for the accident?
In most wrongful death cases, Florida’s modified comparative fault standard applies. As long as the decedent was found 50% or less at fault, the family can still recover compensation — though the decedent’s percentage of fault reduces the award. The exception is medical malpractice cases, which still follow pure comparative fault regardless of the decedent’s share of responsibility.
What if the decedent had no will and no personal representative?
If no personal representative has been appointed, the probate court can appoint one. An attorney can help your family navigate this process and make sure the right person is in place to pursue the wrongful death claim on behalf of the estate and all eligible survivors.
Reach Out to Rosen Injury Law Today
At Rosen Injury Law, we understand that money can never compensate for your loss. However, recovering financial compensation can help ease some of the financial burdens caused by your loved one’s death. We are committed to holding negligent parties accountable and securing the full compensation your family is entitled to under Florida law.
Call us at (954) 787-1500 or reach out through our contact page to schedule your free consultation. We are available 24 hours a day, seven days a week, and we handle every wrongful death case on a contingency-fee basis—you pay nothing unless we win.