Florida Wrongful Death Attorney

Table of Contents

Attorney Insight from Trial Lawyer Christian D. Searcy:

Losing a loved one to preventable negligence is a devastating tragedy. Under the Florida Wrongful Death Act (F.S. §§ 768.16–768.26), the law provides a vital path to hold negligent individuals, hospitals, and corporations fully accountable. Our trial team takes immediate, compassionate action to open the estate, appoint the personal representative, and preserve critical evidence before defense insurers can limit your family’s recovery.

Immediate Statutory Protocols After a Fatal Accident in Florida

Bringing a wrongful death claim in Florida requires strict compliance with state probate rules and civil litigation statutes. Unlike standard personal injury claims, a wrongful death lawsuit cannot be filed directly by individual family members; it must adhere to strict statutory procedures.

If your family has suffered the loss of a loved one due to negligence, the following legal steps must be taken immediately:

• Appointment of Personal Representative (F.S. § 768.20): Under Florida law, only the deceased person’s personal representative (designated in a will or appointed by the probate court) can file a wrongful death lawsuit on behalf of the estate and surviving family members.
• Identification of Eligible Statutory Survivors (F.S. § 768.18): Florida law strictly defines who can recover non-economic damages for mental pain and suffering, including the surviving spouse, minor children, parents of deceased minor children, and dependent blood relatives.
• Observation of the Two-Year Statute of Limitations (F.S. § 95.11(4)(d)): Florida imposes a strict two-year statute of limitations on wrongful death lawsuits from the date of death. Delaying legal action risks permanently waiving your family’s right to compensation.

The Florida Wrongful Death Act (F.S. §§ 768.16–768.26)

Governed by Florida Statutes Sections 768.16 through 768.26, Florida’s statutory framework dictates who can file a lawsuit, what damages can be recovered, and how financial recoveries are distributed among survivors.

Who Can Recover Damages Under Florida Law? (F.S. § 768.18)

While the action must be brought by the estate’s personal representative, F.S. § 768.18 defines the specific “survivors” entitled to financial compensation:

• Surviving Spouse: Entitled to recover for loss of companionship and protection, as well as mental pain and suffering from the date of injury.
• Minor Children (Under Age 25): Entitled to recover for lost parental companionship, instruction, guidance, and mental pain and suffering.
• Adult Children: May recover for lost companionship and mental pain and suffering if there is no surviving spouse.
• Parents of Deceased Children: Parents of minor children (under 25) can recover for mental pain and suffering. Parents of adult children may also recover if there are no other surviving dependents.
• Dependent Blood Relatives & Adopted Siblings: Any blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support or services.

Explanation of Damages from a Wrongful Death Attorney in Florida

The costs leading up to losing a loved one can be substantial. And some types of loss are hard to measure. From your loved one’s medical expenses to your own pain and suffering, you need to make sure you and others recover the compensation you are all legally entitled to and deserve. As part of the legal process of recovering all the money you should, it is crucial that you speak with a wrongful death attorney in Florida, who is experienced in handling legal cases like yours so you can concentrate on taking care of your family. At Searcy Denney, our goal is to maximize the damages you recover and to hold the proper party responsible so another family will not suffer the same kind of devastating loss.

Compensation Available in Florida Wrongful Death Claims

Whether and to what extent you can recover damages will depend upon the individual facts of your case. A Florida wrongful death attorney will take the time and resources to thoroughly investigate your case, consulting with financial, forensic, medical, and other experts to calculate and prove damages. Matters we consider include:

• Damages your deceased loved one was entitled to for his or her personal injury claim
• Medical bills and expenses of treating the personal injury
• Wages your loved one would have earned
• Lost benefits, such as health insurance, Social Security or veterans’ benefits
• Funeral and burial costs
• Lost companionship, friendship, support, guidance, advice, love and affection
• Loss of services, including childcare, accounting, housekeeping, landscaping and security
• Your pain and suffering over your loss
• Your lost wages as you cared for your loved one and grieved

Our Wrongful Death Attorneys Help Children Whose Parents Suffered a Fatal Accident 

We are truly saddened when an untimely death leaves a young child without a mother or a father. Although money can never replace the loss of a parent, these children deserve the financial security their parents would have provided. Our lawyers advocate for the special rights of children who suffer from the loss of a parent. We take our role as the wrongful death attorney responsible for representing the interests of children very seriously. We do all we can to ensure the damages are paid in a manner that offers protection, sometimes by establishing legal protections for recoveries of minor children.

Wrongful Death Recovery When a Parent Loses a Child

There can be no greater tragedy than the loss of a child. When the loss is the result of the negligent or bad acts of another party, the grief the family experiences is indescribable. 

When courts attempt to determine what damages can be paid to the parents and other survivors of a young child whose life was ended, they look at a number of different factors, including:

• Costs of the medical expenses the child incurred before death
• Loss of love and companionship of their child
• Grief and mental anguish the parents experience 
• The cost of mental health services to help the whole family cope with this extreme type of loss

In cases where the child who died was a legal adult — 18 years or older — the question becomes whether and to what extent the parents might have been dependent on the child financially. Often, parents who relied on the financial contributions of the adult child have a case for damages for wrongful death. Your Florida wrongful death lawyers will help you determine what damages you might be entitled to in the event you experience the tragic loss of your child. 

Causes of Death and Your Wrongful Death Lawsuit

Wrongful death lawsuits can be filed in a variety of situations that caused the death of a loved one, including motor vehicle and other types of accidents, medical malpractice, or use of products with manufacturing defects. A wrongful death attorney in Florida can also file a lawsuit if a loved one was a victim of a vehicular homicide, murder or other criminal act that led to death.

Wrongful Death Following an Accident

A Searcy Denney wrongful death lawyer in Florida can represent clients in wrongful death lawsuits involving all kinds of accidents, including:

• Car accidents 
• Bicycle accidents 
• Motorcycle accidents 
• Boating and watercraft accidents 
• Golf cart accidents 
• Truck accidents 
• Premises liability and falls 

Wrongful Death Following Medical Malpractice

If a loved one died as a result of healthcare-related negligence, a wrongful death attorney in Florida can represent you in any of the following types of cases: 

• Medical malpractice 
• Unsafe medical devices 
• Dangerous drugs 

Florida Wrongful Death Attorneys for Fatalities from Faulty Products

You can rely on a Searcy Denney wrongful death attorney in Florida to handle any cases for wrongful death damages arising from the use of a dangerous or defective consumer product, such as:

• Malfunctioning automotive parts, like airbags, seatbelts, electrical and brake defects
• Chemical irritants and toxins in household or agricultural products
• Food that is contaminated that causes food poisoning or other illnesses
• Poorly designed or manufactured machinery and tools
• Badly constructed recreational equipment and products 
• Malfunctioning appliances
• Dangerous toys and other children’s products
• Unsafe or unstable furniture

Wrongful Death Cases After Vehicular Homicide, Murder, and Other Acts of Violence

Some wrongful death cases follow on the heels of criminal prosecutions. This may happen in car wreck cases when the person who caused the accident was driving drunk or acting in another manner that showed such reckless disregard for human life that they are charged with manslaughter, vehicular homicide, or DUI manslaughter. 

Sometimes bringing a civil case following a criminal case can be to the family’s advantage. The evidence presented in the criminal case can prove useful at the civil trial. Furthermore, it is likely that evidence that could not be used in the criminal case would be admissible in a civil case. 

Strict Time Limits: Florida Wrongful Death Statute of Limitations (F.S. § 95.11(4)(d))

Under Florida Statutes Section 95.11(4)(d), the statute of limitations for filing a wrongful death lawsuit is strictly two years from the date of death.

Failing to file a lawsuit within this two-year window almost always results in a complete legal bar to financial recovery, regardless of how clear the at-fault party’s liability may be.

Critical Exceptions and Tolling Considerations:

• Medical Malpractice Fatalities: Wrongful death claims stemming from medical errors are subject to complex pre-suit notice rules (F.S. § 766.106) that temporarily toll the two-year deadline during mandatory screening periods.
• Government Liability Claims: Claims involving state or local government entities require administrative pre-suit notice under F.S. § 768.28 before a civil lawsuit can proceed.
• Immediate Preservation of Evidence: Beyond legal deadlines, waiting to take action risks losing critical crash scene data, surveillance video, vehicle telemetry, and witness testimony.

A wrongful death lawsuit cannot erase the sorrow of losing a loved one. Yet, having your day in court can bring a small measure of justice that the person or corporation responsible for your loved one’s death is paying the price. The damages recovered in a wrongful death lawsuit can also help your family meet the financial challenges that may arise as a result of the fatal accident.

Regardless of what happened or who you think may have been to blame, if you have lost a loved one unexpectedly, we encourage you to contact a wrongful death attorney in Florida to discuss the facts of your specific situation as soon as possible, so you do not lose your rights to damages.  

Must-Know Facts Regarding Your Wrongful Death Claim

What else do you need to know if you have a wrongful death claim in Florida? Here are three top facts:

• Timing: Florida’s statute of limitations for wrongful death claims is two years in most cases, but you should not wait any longer than necessary to speak with a lawyer.
• Costs: When you choose Searcy Denney, it costs you nothing out of pocket to have our lawyers handle your claim, and you only pay if we win.
• Court: In most cases, we are able to help families recover just compensation without the need to go to court.

What constitutes a “wrongful death” in Florida?

A death is considered “wrongful” if it results from the negligence or intentional wrongdoing of another, or if it results from a product defect. Car accidents, medical mistakes, falls, assaults, and dangerous drugs are all common causes of wrongful death.

How do you know if you have a claim for wrongful death?

In order to determine if you have a claim for wrongful death, you will need to hire a law firm to investigate as soon as possible. Our Florida wrongful death lawyers are available 24/7, and we can launch an investigation immediately.

Who can file a wrongful death claim in Florida?

Florida’s wrongful death statute is somewhat complicated in this regard. The decedent’s personal representative must file the claim; but, generally speaking, spouses, children, parents and other dependents can all recover damages; except in medical malpractice cases where very special limitations apply. 

What damages are available to eligible family members?

The list of damages that are available to eligible family members in Florida is extensive. Examples include things like medical bills, loss of income and benefits, funeral expenses, burial expenses, loss of companionship, and pain and suffering.

Does insurance cover wrongful death claims?

Yes, and most wrongful death cases involve claims against the at-fault parties’ insurance companies. As your wrongful death lawyers, we will pursue compensation for your loved one’s death from all available sources.

Case Results from Our Florida Wrongful Death Attorney Team

Fatalities happen in many ways. Some fatalities are more common, like car or truck accidents. Other accidents are not as common and the circumstances around them can be confusing and unclear. In each instance, our personal injury team is here to investigate the death of your loved one and pursue a case to ensure you and your family get justice. Some wrongful death case results from our team include: 

• $2.5 Million Awarded for Death Resulting from Nicotine Addiction
• Doctors’ Lack of Urgency Causes Man’s Death, Family Gets $1.1 Million
• Delays, Misdiagnosis Lead to Daughter’s Death, $1 Million Recovery for Mother
• Delays, Misdiagnosis Lead to Daughter’s Death, $1 Million Recovery for Mother
• Family Recovers $542,500 for Nursing Home’s Negligence in Mother’s Death
• Confidential Settlement in Man’s Death in Horrifying Multi-Vehicle Crash
• Failures to Diagnose Condition in High-Risk Pregnancy Resulted in Mother’s Tragic Death
• Failure to Diagnose and Treat Infection Causes Father’s Untimely Death
• Groom’s Death in Motorcycle Crash Brings Confidential Settlement for Injured Bride

The list below is just a sampling of our wrongful death case results. Read more case studies and learn about the types of accidents that can result in a wrongful death lawsuit.

Contact a Florida Wrongful Death Attorney for a Free, No-Obligation Consultation

Did you lose a loved one due to another person or company’s negligence? If so, a wrongful death lawyer at our firm can help you recover your rightful damages. 

Our firm has decades of experience fighting for families in cases of wrongful death. Having handled numerous wrongful death cases all across Florida, we understand what grieving families are going through, and we tailor our representation to our clients’ uniquely challenging circumstances. While it is important that you remain up-to-date and make informed decisions throughout your case, we also understand that you need time to grieve, and we will make sure that your case plays as minimal of a role in your life as possible.

To schedule your free initial consultation, please call 800-780-8607 or contact us online. You can reach us 24/7, and if we are not available immediately a member of our firm will respond to your inquiry as soon as possible.  Our offices are located in Tampa, West Palm, and Tallahassee.  

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