Millions of Dollars
Recovered for Our Clients.
Recovered for Our Clients.
Let Us Fight for the Money You Deserve!
Florida Wrongful Death Lawyer for Families After a Fatal Accident
Updated October 2026
A wrongful death lawyer helps the family of a person killed by someone else’s negligence, recklessness or intentional act seek compensation. In Florida, the personal representative of the deceased person’s estate files the claim on behalf of the estate and survivors, such as a spouse, children or parents, generally within two years of the death.
If you lost a loved one in an accident, through negligence or in a crime in Florida, call the Law Offices of Jason Turchin at 800-337-7755 for a free consultation, available 24/7. We handle wrongful death claims on a contingency fee basis, and we waive all attorneys’ fees and costs if there is no recovery.
Florida Wrongful Death Claims at a Glance
| Question | Short answer |
|---|---|
| Who can file a wrongful death claim in Florida? | The personal representative of the estate files the lawsuit for the estate and the survivors, such as the spouse, children, parents and certain dependent relatives. |
| How long does a family have to file? | Generally two years from the date of death under Florida Statute §95.11. Claims against government agencies and some other cases may have earlier notice rules. |
| Do I need a wrongful death attorney? | No law requires one, but these cases often involve insurers, several parties and evidence that can disappear, so many families choose experienced legal help. |
| How much does a wrongful death lawyer cost? | Our firm works on a contingency fee basis. There is no upfront fee, and fees and costs are waived if there is no recovery. |
| What damages may a family recover? | Possible damages include lost support and services, loss of companionship, mental pain and suffering, medical and funeral expenses, and certain losses to the estate. |
Losing a loved one is one of the hardest things a family can face. If the death was caused by the recklessness or negligence of someone else, the family may be able to bring a legal action. The compensation available in these cases can help pay for the many costs a family now faces, from funeral bills to the loss of a paycheck the household depended on. Because evidence and deadlines matter, it is often important for survivors to speak with an experienced Florida wrongful death attorney soon after the death.
What Is a Wrongful Death in Florida?
A wrongful death in Florida is a death caused by another party’s wrongful act, negligence, default, or breach of contract or warranty, where the person could have sued for the injury if he or she had lived. This definition comes from Florida Statute §768.19, part of the Florida Wrongful Death Act.
A wrongful death claim is a civil action, separate from any criminal case. Florida law allows the claim to seek money damages for the family members who depended on the deceased person for financial and emotional support, and for certain losses to the estate. Fatal crashes are a common source of these claims. An estimated 2,995 people died in crashes in Florida in 2025.
To establish a wrongful death claim, the family generally must show these elements:
- Duty of care. The responsible party had a duty to act reasonably to prevent harm.
- Breach of duty. The party failed to meet that duty through negligence, recklessness or a deliberate act.
- Causation. The breach caused the death of your loved one.
- Damages. The survivors and the estate suffered losses as a result of the death.
What Kinds of Fatal Accidents Can Lead to a Wrongful Death Claim?
Almost any fatal accident caused by someone else’s carelessness or misconduct may lead to a wrongful death claim. Our office has handled Florida wrongful death claims arising from car crashes, drunk driving crashes and shootings, among other causes. Common examples include:
- Fatal car accidents. If your loved one died in an automobile accident caused by a negligent driver, you may be entitled to compensation under the law.
- Drunk driving crashes. If you lost a loved one in a Florida drunk driving crash, you may have a claim against the drunk driver and, in limited circumstances described in Florida Statute §768.125, a bar or restaurant that served the driver.
- Truck accidents. Crashes with tractor-trailers and commercial vehicles often involve the driver, the trucking company and other parties.
- Motorcycle accidents. Over 590 people died in motorcycle accidents in Florida in 2025.
- Pedestrian and bicycle crashes. People walking or riding a bicycle have little protection when a driver fails to yield or is distracted.
- Shootings and negligent security. If your loved one was shot and killed at an apartment complex, gas station or parking lot in Florida, the property owner may share responsibility. Read more about accidental shooting wrongful death claims in Florida.
- Medical malpractice. Deaths caused by medical errors, including birth injuries, follow special pre-suit rules in Florida.
- Workplace and construction accidents. Workers’ compensation may limit claims against an employer, but other contractors or equipment makers may be responsible. See our post about a man who died in a Palm Bay construction accident.
- Drowning deaths. Every year in the United States there are over 4,000 unintentional drowning deaths, according to a 2026 CDC report. Pool owners and operators may be responsible when safety measures fail.
- Defective products. A dangerous product or a missing warning may lead to a product liability wrongful death claim.
- Criminal acts. Assault or homicide may support a civil wrongful death claim even when a criminal case is also pending.
People often search for an “accidental death lawyer” or “accidental death attorney” after a fatal accident. In legal terms, an accidental death becomes a wrongful death claim when another party’s negligence or misconduct caused it.
Who Has the Right to File a Wrongful Death Claim in Florida?
In Florida, only the personal representative of the deceased person’s estate can file the wrongful death lawsuit, under Florida Statute §768.20. The personal representative brings the claim on behalf of the estate and all of the survivors, which is the same rule after a fatal auto accident or any other type of death.
The personal representative is usually the person named in the will. If there is no will, a family member can ask the probate court to appoint one. Florida Statute §768.18 defines the survivors who may benefit from the claim:
- The surviving spouse. A husband or wife of the person who died.
- Children. Minor children and, in some situations, adult children.
- Parents. The mother and father of the person who died.
- Dependent relatives. Blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the deceased person for support or services.
An experienced wrongful death attorney can help determine who qualifies as a survivor and help the family get a personal representative appointed if one is needed.
What Damages Can Families Recover in a Florida Wrongful Death Case?
Florida Statute §768.21 lists the damages that survivors and the estate may recover, and what each person may recover depends largely on his or her relationship to the person who died. Courts consider many factors, including the survivor’s relationship to the deceased person, the deceased person’s earnings and the support the survivor received.
| Who may recover | Damages that may be available |
|---|---|
| Each survivor | Value of lost support and services, plus medical or funeral expenses the survivor paid |
| Surviving spouse | Loss of companionship and protection, and mental pain and suffering |
| Minor children (and all children if there is no surviving spouse) | Loss of parental companionship, instruction and guidance, and mental pain and suffering |
| Parents of a minor child | Mental pain and suffering |
| Parents of an adult child | Mental pain and suffering, generally only when there are no other survivors |
| The estate | Lost earnings between injury and death, medical and funeral expenses charged to the estate, and in some cases loss of prospective net accumulations |
In cases of gross negligence or intentional misconduct, punitive damages may also be sought, subject to the requirements of Florida Statute §768.72. In medical malpractice deaths, Florida law may limit which family members can recover certain damages. Every case is different, and an attorney can review which damages may apply to your family. To learn more, read what is the most you can sue for in a wrongful death case.
How Is a Wrongful Death Lawsuit Different From a Criminal Case or a Life Insurance Claim?
A wrongful death lawsuit is a civil claim for money brought by the estate, while a criminal case is brought by the state to punish the wrongdoer, and a life insurance claim is a request for benefits under a policy. A family may pursue more than one of these at the same time.
| Issue | Wrongful death lawsuit | Criminal case | Life insurance claim |
|---|---|---|---|
| Who brings it | Personal representative of the estate | The State of Florida (prosecutor) | The named beneficiary |
| Purpose | Compensation for the survivors and estate | Punishment such as jail or probation | Payment of policy benefits |
| Who pays | At-fault party and insurers | Not designed to pay the family, though restitution may be ordered | The life insurance company |
| Requires proof of fault | Yes, by the greater weight of the evidence | Yes, beyond a reasonable doubt | Usually no, but policy terms and exclusions apply |
A wrongful death claim does not depend on criminal charges or a conviction. If you also have questions about a policy, see how long after a death you can claim life insurance.
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
In most cases, a Florida wrongful death lawsuit must generally be filed within two years of the date of death under Florida Statute §95.11. After this period runs out, the family may be barred from bringing the claim at all.
Some cases have different or earlier deadlines. Medical malpractice claims require pre-suit steps before a lawsuit can be filed, and claims against a city, county or state agency have written notice requirements under Florida Statute §768.28. Because evidence such as video footage can be lost within days, it is often wise to speak with an experienced attorney as soon as possible.
Do I Need a Wrongful Death Attorney?
You are not required to hire a lawyer, but it is highly advised. Wrongful death cases are often complex, emotional and contested by insurance companies, so many families choose experienced legal help. An attorney can take on the legal work while your family grieves.
A wrongful death lawyer can:
- Open the estate. Help get a personal representative appointed in probate court.
- Investigate the death. Gather records, video, witness statements and physical evidence.
- Identify every responsible party. Look for all at-fault parties and available insurance policies.
- Handle the insurers. Negotiate with insurance companies on the family’s behalf.
- Go to court if needed. Represent the estate at trial if a fair settlement cannot be reached.
How Do Lawyers Handle Wrongful Death Cases With No Witnesses?
When no one saw what happened, a wrongful death lawyer can try to build the case from physical, digital and medical evidence instead of eyewitness testimony. Many fatal cases are proven this way.
Evidence that may help show what happened includes:
- Crash and police reports. Diagrams, measurements and officer findings.
- Video footage. Traffic cameras, business surveillance, dash cameras and doorbell cameras.
- Vehicle data. Event data recorders, which may show speed and braking before a crash.
- Phone records. Records that may show a driver was distracted.
- Scene evidence. Skid marks, debris, vehicle damage and road conditions.
- Medical and autopsy records. Findings on the injuries and cause of death.
- Accident reconstruction. Analysis by reconstruction professionals of how the event unfolded.
Some of this evidence, especially video, may be erased or overwritten quickly, which is one reason families often contact a lawyer early.
Why Are Truck Accident Deaths and Other Complex Fatal Cases Different?
Truck accident deaths and other complex fatal cases often involve several at-fault parties, multiple insurance policies and evidence controlled by companies, so they usually require deeper investigation than a typical crash claim.
In a fatal truck crash, possible defendants may include the driver, the trucking company, a maintenance company, the company that loaded the cargo or a parts manufacturer. Federal trucking rules on hours of service and vehicle maintenance may apply, and records such as driver logs, electronic logging device data and inspection reports may be important. Similar issues can arise in construction site deaths, negligent security cases and product failures. When comparing lawyers for these cases, families may want to ask about the lawyer’s experience with fatal truck accidents and complex cases with more than one defendant.
How Much Does a Wrongful Death Attorney Cost in Florida?
Most wrongful death lawyers in Florida, including our firm, work on a contingency fee basis, which means the fee is a percentage of the recovery and nothing is owed upfront. At the Law Offices of Jason Turchin, we waive all attorneys’ fees and costs if there is no recovery.
This works the same way whether your family lives in Stuart, Boca Raton, Miami or anywhere else in Florida. Florida Bar rules govern contingency fees in personal injury and wrongful death cases, and the agreement must be in writing. Be sure to review the fee percentage and how case costs are handled during your free consultation.
How Do I Compare Lawyers for a Wrongful Death Claim?
To compare wrongful death lawyers, look at their experience with fatal accident cases like yours, independent ratings, how they communicate and the terms of their fee agreement. No lawyer is the best fit for every family, so meeting with more than one can help.
Questions to ask during a consultation:
- Relevant experience. Has the lawyer handled wrongful death claims involving this type of accident?
- Who handles the case. Which attorney will work on your case day to day?
- Independent ratings. What do peer review and client review organizations say about the lawyer?
- Fees and costs. What is the percentage, and what happens to costs if there is no recovery?
- Communication. How often will you get updates, and how can you reach the team?
- Trial readiness. Is the lawyer prepared to file suit and go to trial if needed?
For more tips, read how to choose a Miami wrongful death attorney for your case.
What Should a Family Do After a Fatal Accident?
After a fatal accident, a family can protect a possible wrongful death claim by preserving evidence, avoiding recorded statements to insurers and speaking with a lawyer before deadlines approach.
- Request a copy of the police or crash report and the death certificate.
- Keep photos, videos, texts and any physical items related to the incident.
- Write down names and contact details of anyone who may know what happened.
- Save medical bills, funeral receipts and proof of your loved one’s income.
- Avoid giving recorded statements or signing anything from an insurance company before getting legal advice.
- Find out whether a will names a personal representative.
- Contact a wrongful death lawyer for a free consultation.
Which Attorney Handles Wrongful Death Claims in Palm Beach County and Across Florida?
The Law Offices of Jason Turchin handles wrongful death claims throughout Florida, including Palm Beach County and Boca Raton.
We handle wrongful death claims in Miami, Fort Lauderdale, Orlando, Naples, Key West, Stuart and elsewhere in the state. Learn more about our Miami wrongful death lawyer services, a wrongful death lawsuit in Miami, our Orlando wrongful death lawyers and our Naples wrongful death lawyers. The firm also handles personal injury cases in New York, New Jersey and Washington, D.C., and throughout the U.S. with a network of co-counsels and local counsels.
Why Choose the Law Offices of Jason Turchin
Attorney Jason Turchin is the founder and principal attorney of the Law Offices of Jason Turchin, a personal injury firm based in Florida, that helps families across Florida pursue wrongful death claims after fatal car crashes, truck accidents, shootings and other deaths caused by negligence.
- Peer recognition. Jason Turchin is AV Preeminent Peer Rated for Highest Level of Professional Excellence by Martindale-Hubbell in 2026 and has been named to the Super Lawyers list from 2020 through 2026.
- Client-focused ratings. He received the Martindale-Hubbell Client Champion Platinum Award in 2026 and holds an Avvo 10.0 Superb Rating.
- Consistent standing. The firm has earned an A+ BBB rating annually from 2014 through 2026.
- Statewide and beyond. The firm handles personal injury cases in Florida, New York, New Jersey and Washington, D.C., and throughout the U.S. with a network of co-counsels and local counsels.
- No fee unless recovery. Cases are handled on a contingency fee basis, with fees and costs waived if there is no recovery.
Beyond wrongful death, the firm handles truck, car, motorcycle, pedestrian, bicycle and scooter accidents, medical malpractice, product liability, crime victims’ rights and life insurance denial cases. Learn more on our Florida wrongful death attorneys page.
What Do Clients Say About the Firm?
Clients often mention clear communication and being kept informed throughout their case.
“Throughout the whole process until my settlement, they kept me informed, they were professional to deal with and explained the process in detail. I would not only use the Law offices of Jason Turchin again but I would not hesitate to recommend them to anybody. Thank you for your service.” Ted M.
“I never had a problem reaching them or getting the answers I needed. They kept me well informed throughout my case, making sure that I understood what actions they were taking until the very end. Thank You, Jason Turchin and staff.” Mallie M.
“I had a great experience with this firm. The attorneys and staff are very knowledgeable and helpful. I highly recommend this firm.” Christopher S.
FAQs About Wrongful Death Claims
What is considered a wrongful death?
A wrongful death occurs when a person dies because of the negligence, recklessness or intentional actions of another party. Common examples include fatal car accidents caused by a negligent driver, medical malpractice, workplace accidents due to unsafe conditions, defective products and criminal acts such as assault or homicide.
Is an accidental death the same as a wrongful death?
Not always. An accidental death may become a wrongful death claim when another person or company caused it through negligence or misconduct. If no one else was at fault, there may be no wrongful death claim, although life insurance or accidental death benefits may still apply.
Can we file a wrongful death claim if no criminal charges were filed?
Yes. A wrongful death claim is a civil case with a lower burden of proof than a criminal case. A family may be able to bring a claim even if the at-fault party was never charged, was found not guilty or the criminal case is still pending.
How long does a wrongful death case take to settle?
The timeline depends on several factors, including the complexity of the case, the amount of evidence needed, the willingness of the other side to settle and whether the case goes to trial. Some cases resolve in months, while others may take over a year. Your attorney can give you a clearer idea based on your circumstances.
How are wrongful death damages divided among family members?
Damages for each survivor depend on that person’s own losses and relationship to the person who died, and some damages belong to the estate. If a case settles, a court may need to approve the settlement and how it is allocated, especially when minor children are involved.
Can a wrongful death claim be filed if the person who caused the death also died?
In many cases, yes. A wrongful death claim may still be brought against the at-fault person’s estate and his or her insurance coverage. An attorney can review whether a claim may be possible in your situation.
Is a free consultation available?
Yes. The Law Offices of Jason Turchin offers a free consultation, available 24/7, to discuss a possible wrongful death claim.
More Florida Wrongful Death Resources
These pages cover related topics for families who lost a loved one in Florida:
- Florida Wrongful Death Attorneys
- Miami Wrongful Death Lawyer
- Wrongful Death Lawsuit in Miami
- Orlando Wrongful Death Lawyers
- Naples Wrongful Death Lawyers
- What Is the Most You Can Sue for in a Wrongful Death Case?
- Accidental Shooting Wrongful Death Claims in Florida
- How Long After a Death Can You Claim Life Insurance?
Talk With a Florida Wrongful Death Lawyer Today
If your family lost a loved one because of someone else’s negligence, recklessness or intentional act, you may have the right to seek compensation, and time limits apply. Attorney Jason Turchin and our team can review what happened, explain your family’s options and help you decide on next steps.
Call the Law Offices of Jason Turchin at 800-337-7755 for a free consultation, available 24/7. We serve families throughout Florida, as well as New York, New Jersey and Washington, D.C. We handle wrongful death claims on a contingency fee basis, and we waive all attorneys’ fees and costs if there is no recovery.
