Florida Wrongful Death Attorneys

If you are searching for Florida wrongful death attorneys after losing a loved one, you may be facing one of the most difficult moments of your life. While no lawsuit can undo the loss, a wrongful death claim may help provide financial stability, accountability, and answers during an incredibly painful time.

The Law Offices of Jason Turchin represents families throughout Florida in fatal accident and wrongful death cases arising from negligence, unsafe conditions, defective products, and preventable tragedies.

We offer a free consultation 24/7. You won’t pay any fees or costs unless we recover compensation for your family.

What Do Florida Wrongful Death Attorneys Do?

Florida wrongful death attorneys represent families when someone dies due to negligence, recklessness, or a wrongful act. Under Florida’s Wrongful Death Act, surviving family members may pursue compensation for financial losses and emotional harm resulting from a preventable death.

A wrongful death claim in Florida may arise from:

• Car or truck accidents
• Medical malpractice
• Defective products
• Nursing home negligence
• Drowning incidents
• Drunk driving crashes
• Negligent security
• Workplace fatalities

Florida law requires that the personal representative of the estate file the lawsuit on behalf of surviving family members.

The Law Offices of Jason Turchin represents families statewide and offers free consultations 24/7. You won’t pay any fees or costs unless compensation is recovered.

Florida Wrongful Death Law Explained

What Is Considered Wrongful Death in Florida?

A wrongful death typically occurs when a person dies because of:

• Negligence
• Carelessness
• Medical error
• Unsafe property conditions
• Defective products
• Intentional acts

The claim is civil, not criminal. It seeks financial compensation for surviving family members and the estate.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law requires that the lawsuit be filed by the personal representative of the estate.

The claim may benefit:

• A surviving spouse
• Minor children
• Adult children (in certain cases)
• Parents
• Other financially dependent relatives

Only one lawsuit is generally filed, even if multiple survivors are involved.

What Compensation Is Available in a Florida Wrongful Death Case?

Compensation may include:

For Surviving Family Members

• Loss of financial support
• Loss of companionship
• Loss of parental guidance
• Mental pain and suffering

For the Estate

• Medical expenses before death
• Funeral expenses
• Lost earnings from injury to death
• Loss of future net accumulations

Every case depends on its specific facts.

How Long Do You Have to File?

In most cases, Florida law allows two years from the date of death to file a wrongful death lawsuit.

Exceptions may apply in cases involving:

• Government entities
• Medical malpractice
• Product liability

Because deadlines can affect your rights, early consultation may be important.

How to File a Wrongful Death Claim in Florida

Filing a wrongful death claim in Florida typically involves the following steps:

Step 1: Open a Probate Estate

A personal representative must be appointed by the probate court before filing the lawsuit, or sometime within a short time after.

Step 2: Investigate the Cause of Death

Evidence is gathered to determine liability, including police reports, medical records, and expert analysis.

Step 3: Identify Liable Parties

Liability may include individuals, businesses, property owners, manufacturers, medical providers, or government entities.

Step 4: Calculate Damages

Damages may include financial losses, emotional damages, funeral expenses, and future loss of support.

Step 5: File the Lawsuit

The personal representative files the wrongful death complaint in civil court.

Step 6: Negotiate or Litigate

The claim may resolve through settlement negotiations or proceed through litigation and trial.

Each case follows its own timeline depending on complexity.

Common Causes of Wrongful Death in Florida

Fatal Car Accidents

Rear-end crashes, DUI collisions, distracted driving incidents, and commercial trucking accidents.

Medical Malpractice

Surgical errors, delayed diagnosis, medication mistakes, and failure to treat.

Nursing Home Negligence

Falls, dehydration, untreated infections, or improper supervision.

Defective Products

Dangerous consumer products, vehicle defects, unsafe medical devices.

Negligent Security

Apartment complex shootings, assaults, or violent crimes involving inadequate security.

Drowning and Boating Accidents

Swimming pool incidents, lake drownings, unsafe marina conditions.

Why Families Contact Florida Wrongful Death Attorneys

Families often seek:

• Accountability
• Financial stability
• Answers about what happened
• Assistance with probate
• Guidance through insurance disputes
• Representation against large corporations or insurers

Our firm has handled thousands of injury and insurance matters and represents families throughout Florida in complex wrongful death litigation.

We can also assist with related probate administration and life insurance disputes that frequently arise after a fatal accident.

Florida Wrongful Death Attorneys – FAQs

Is a wrongful death claim separate from a criminal case?

Yes. A civil wrongful death lawsuit is separate from any criminal prosecution.

What if the deceased was partially at fault?

Florida follows a modified comparative negligence system. Recovery may still be possible depending on the percentage of fault.

How much does a wrongful death attorney cost?

Most cases are handled on a contingency fee basis. You won’t pay any fees or costs unless compensation is recovered.

Can multiple family members hire separate lawyers?

The lawsuit is filed by the personal representative on behalf of all survivors, though survivors may seek independent legal advice if desired.

People Also Ask About Florida Wrongful Death Attorneys

What is the average wrongful death settlement in Florida?

Wrongful death settlements in Florida vary widely depending on the facts of the case, including the decedent’s age, earning capacity, medical expenses, and the financial and emotional impact on surviving family members. Because every case is different, settlement values depend on specific evidence and legal circumstances.

How is a wrongful death case proven in Florida?

To prove a wrongful death claim in Florida, four elements generally must be established:

1. A duty of care existed
2. That duty was breached
3. The breach caused the death
4. Survivors suffered damages

Evidence may include accident reports, expert testimony, medical records, and financial documentation.

How long does a Florida wrongful death case take?

Some wrongful death claims resolve within months, while others may take several years if litigation is required. The timeline depends on liability disputes, insurance negotiations, court schedules, and the complexity of the case.

What is the difference between wrongful death and survival actions in Florida?

A wrongful death claim compensates surviving family members for their losses. A survival action (brought by the estate) seeks damages the deceased person could have recovered if they had survived, such as medical expenses or lost wages before death.

Can siblings file a wrongful death lawsuit in Florida?

Siblings may only recover in limited circumstances, typically if they were financially dependent on the deceased and no closer statutory survivors exist.

Are wrongful death settlements taxable in Florida?

In most cases, compensation for physical injury or wrongful death is not taxable under federal law, but certain components such as punitive damages or interest may have tax implications. A tax professional should be consulted.

What happens if there is no will?

If the deceased did not have a will, the probate court will appoint a personal representative under Florida intestacy law to file the wrongful death lawsuit.

Speak With Florida Wrongful Death Attorneys Today

If your family lost a loved one due to negligence, you may have the right to pursue compensation under Florida law.

Call (800) 337-7755 or complete our online form for a free consultation.