What Is Wrongful Death in Florida?

When a loved one dies because of someone else’s carelessness or misconduct, the emotional and financial consequences can be overwhelming. At Hersh Kirtman, we’re often asked: “What is wrongful death in Florida?” It refers to a death caused by the negligent, reckless, or intentional actions of another person or entity. Under Florida law, the surviving family or estate has the right to pursue compensation through a civil claim—not to punish the wrongdoer criminally, but to recover the financial and emotional losses left behind.

Whether your loved one died in a car accident, a construction incident, or due to medical negligence, our team is here to help families in Boca Raton understand their legal options and hold the responsible party accountable. If you need experienced guidance, trust a Boca Raton wrongful death lawyer to advocate for your family’s rights.

What Constitutes a Wrongful Death?

A wrongful death occurs when someone dies as a direct result of another party’s wrongful act, negligence, breach of contract, or default. It’s based on the legal principle that, had the deceased survived, they would have had grounds to file a personal injury lawsuit. Since they can no longer do so, Florida law allows specific survivors to take legal action on their behalf.

Situations that may lead to a wrongful death claim include:

• Auto accidents caused by distracted or impaired driving
• Fatal workplace or construction site accidents
• Medical malpractice, including surgical errors or misdiagnoses
• Defective products or dangerous pharmaceuticals
• Criminal acts like assault or manslaughter

According to Florida Statute §768.19, even if the death occurs under conditions that would constitute a felony, the party responsible may still face civil liability through a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law limits who can bring a wrongful death claim. The personal representative of the deceased’s estate must file the lawsuit, but they do so on behalf of surviving family members who are eligible to recover damages.

These survivors typically include:

• The surviving spouse
• Minor children (or all children if there is no surviving spouse)
• Parents of a deceased minor child
• Blood relatives or adoptive siblings who relied on the decedent for support

Each survivor may recover compensation for:

• Lost support and services from the date of injury to death
• Future loss of support, adjusted to present value
• The relationship between the survivor and the deceased
• The decedent’s projected net income and value of household services

Additionally:

• Spouses may recover for loss of companionship and mental pain and suffering.
• Children may recover for lost parental companionship, guidance, and mental anguish.

When Can Survivors File a Wrongful Death Claim?

In Florida, wrongful death lawsuits must be filed within a limited period of time. The statute of limitations is generally two years from the date of death. If a claim is not filed within that window, the right to seek compensation may be permanently lost.

There are, however, limited exceptions—such as in cases involving homicide or when the responsible party concealed their involvement. It’s essential to speak with a qualified attorney quickly to preserve evidence and begin building a case.

Key reasons not to delay include:

• Time-sensitive witness statements and video evidence
• The need for expert testimony in medical or technical fields
• Insurance company deadlines and potential early settlement offers

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

What Damages Can Be Recovered in a Wrongful Death Case?

Compensation in a wrongful death claim aims to address both the financial and emotional impact of the loss. While no amount of money can replace a loved one, a successful claim can offer critical support during an incredibly difficult time.

Depending on your relationship to the deceased, damages may include:

• Medical expenses related to the final injury
• Funeral and burial costs
• Loss of income and future earning capacity
• Loss of companionship, guidance, and support
• Mental pain and suffering
• Loss of parental instruction for minor children
• Value of household services the deceased provided

In some cases, if the responsible party acted with gross negligence or intentional harm, punitive damages may be awarded to deter similar behavior in the future.

Why Hire a Boca Raton Wrongful Death Attorney?

Wrongful death cases are complex and emotionally taxing. Without experienced legal support, survivors may face serious disadvantages.

At our Boca Raton firm, we understand the local legal system and how to build strong claims. We offer:

• Thorough case investigations
• Clear legal guidance
• Strong representation in and out of court
• Compassionate, honest communication throughout

Speak With a Boca Raton Wrongful Death Lawyer Today

If you’re asking yourself what to do after the unexpected loss of a loved one, we’re here to stand with you. Our team at Hersh Kirtman will fight for the justice your family deserves, with empathy and relentless dedication. Contact us at 561.208.3700 to schedule your free consultation and learn more about your legal options.