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West Palm Beach Wrongful Death Lawyers
West Palm Beach wrongful death lawyers help families pursue claims when a loved one dies due to another’s negligence or wrongful act. Under Florida law, the claim is filed by the personal representative of the deceased’s estate for survivors such as a spouse, children and parents. Damages may include medical and funeral costs, lost support and survivors’ emotional pain.
If your family lost a loved one, call the Law Offices of Jason Turchin at 800-337-7755 for a free consultation. You won’t pay any fees or costs unless money is recovered.
West Palm Beach Wrongful Death Claims at a Glance
| Question | Short answer |
|---|---|
| Who files a wrongful death lawsuit in Florida? | The personal representative of the deceased person’s estate files the lawsuit on behalf of the estate and the eligible survivors. |
| Which family members may recover? | Survivors may include a spouse, children, parents and, in some cases, other relatives who depended on the deceased for support or services. |
| How long do families have to file? | Most Florida wrongful death lawsuits must be filed within two years of the date of death. |
| What damages may be available? | Medical and funeral expenses, lost financial support and services, lost companionship and guidance, and survivors’ mental pain and suffering. |
| Which firm handles wrongful death claims in Palm Beach County? | The Law Offices of Jason Turchin represents families throughout Palm Beach County and across Florida in wrongful death claims. |
| What does hiring a lawyer cost? | The firm works on a contingency fee basis, with no fees or costs unless money is recovered. |
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a civil case that seeks compensation when a person dies because of another’s negligence, breach of duty or wrongful act. In Florida, these claims are governed by the Florida’s Wrongful Death Act.
The death of a loved one is always devastating. When that death was preventable, families often face grief along with unanswered questions and financial uncertainty. A wrongful death claim can help cover those losses and hold the responsible parties accountable.
Under Florida Statute §768.20, the lawsuit is brought by the personal representative of the deceased person’s estate. That person is usually named in a will or appointed by the probate court. The personal representative pursues recovery for the estate and for each eligible survivor.
Who Can Recover in a Florida Wrongful Death Case?
Florida Statute §768.18 defines survivors as the deceased person’s spouse, children and parents, along with certain blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services. Each survivor’s right to recover depends on their relationship to the person who died.
Families with questions about eligibility can learn more about who counts as a survivor under Florida’s Wrongful Death Act.
What Kinds of Deaths Lead to Wrongful Death Claims in West Palm Beach?
Wrongful death claims in West Palm Beach often arise from car accidents on I-95, boating incidents on the Intracoastal, medical malpractice, nursing home neglect, shootings and defective products. Any death caused by someone else’s carelessness or wrongful conduct may lead to a claim.
According to the Florida Department of Highway Safety and Motor Vehicles, an estimated 2,995 people died in crashes in Florida in 2025. Over 590 people died in motorcycle accidents in Florida in 2025.
- Motor vehicle accidents. Traffic on I-95, Okeechobee Boulevard and Southern Boulevard can be dangerous. Fatal car and motorcycle crashes often involve speeding, distracted driving or drunk drivers who cause fatal crashes.
- Trucking and commercial vehicles. The heavy flow of tractor-trailers and delivery vehicles through Palm Beach County increases the risk of deadly collisions. Claims involving tractor-trailer and 18-wheeler crashes may extend to trucking companies, logistics firms or contractors.
- Boating and waterway accidents. West Palm Beach’s proximity to the Intracoastal Waterway and Atlantic Ocean means boating and jet ski accidents are common. Claims may arise from operator negligence, lack of safety equipment or intoxicated boating.
- Shootings and negligent security. Fatal assaults at apartment complexes, shopping centers or nightclubs may lead to claims when property owners fail to provide adequate lighting, cameras or security personnel.
- Medical malpractice. Hospitals and clinics in Palm Beach County may face wrongful death lawsuits when errors such as misdiagnosis, surgical mistakes or medication errors lead to a patient’s death.
- Nursing home neglect. Elderly residents may die prematurely due to malnutrition, dehydration, bedsores or inadequate medical care. These deaths can involve nursing home negligence claims.
- Defective products. Dangerous consumer products, including defective vehicles, appliances or medical devices, can cause fatal accidents that lead to wrongful death claims.
Deaths on cruise ships may be governed by federal maritime law and the terms of the passenger ticket, which can set different notice and filing rules. Families in that situation may want to keep the ticket and review it with a lawyer promptly.
How Are Pain and Suffering Calculated in a Florida Wrongful Death Case?
Florida has no fixed formula for pain and suffering in a wrongful death case. A jury or the parties in settlement talks may consider each survivor’s relationship with the deceased, the survivor’s age and how the loss has affected their daily life.
Under Florida Statute §768.21, a surviving spouse may recover for lost companionship and protection and for mental pain and suffering. Minor children, and in some cases adult children, may recover for lost parental companionship, instruction and guidance and for mental pain and suffering. Parents may also recover in certain situations, and medical malpractice cases carry additional limits.
Evidence often includes testimony from family and friends, counseling records and photos or stories that show the bond the family lost. For more detail, see this guide on how pain and suffering damages work in Florida.
The table below shows how Florida divides wrongful death damages between the estate and the survivors.
| Who recovers | Damages that may be available |
|---|---|
| The estate | Lost earnings of the deceased from the date of injury to death, lost prospective net accumulations in some cases, and medical or funeral expenses the estate paid. |
| Surviving spouse | Lost support and services, lost companionship and protection, and mental pain and suffering. |
| Children | Lost support and services, lost parental companionship, instruction and guidance, and mental pain and suffering, depending on age and family circumstances. |
| Parents | Mental pain and suffering in certain cases, and medical or funeral expenses they paid. |
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Florida law requires most wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline can prevent families from bringing their claims.
Some cases follow different rules. Medical malpractice deaths involve a separate presuit process, and claims against government agencies require advance notice. Speaking with a lawyer early can help families avoid losing their rights.
Why Can Wrongful Death Cases in West Palm Beach Be Complex?
Wrongful death cases often involve several parties, large insurance policies and court procedures that ordinary injury claims do not. Each of these can affect how a claim moves forward.
- Multiple potential defendants. Responsible parties may range from negligent drivers to corporations to property owners.
- Insurance resistance. Insurers often fight large wrongful death claims.
- Probate process. Only the estate’s personal representative may file the lawsuit.
- Family disputes. Courts sometimes decide how damages are distributed among survivors.
- Shared fault. Under Florida Statute §768.81, damages may be reduced by the deceased’s share of fault, and in most negligence cases a person found more than 50 percent at fault may not recover.
- A defendant who has died. Families may still have options, as explained in this article on pursuing a claim when the defendant died before settlement.
How Can a Wrongful Death Lawyer Help With the Investigation and Evidence?
An experienced wrongful death lawyer can investigate the cause of death, identify every responsible party and preserve evidence before it is lost. Families looking for a firm that also manages investigations can ask how evidence will be gathered and protected.
A lawyer may:
- Investigate the cause of death and identify responsible parties
- Preserve evidence such as surveillance footage, medical records and police reports
- Work with accident reconstructionists, medical professionals and economists
- Handle probate court filings and estate procedures
- Negotiate with insurers for settlements
- File lawsuits in Palm Beach County Circuit Court or federal court if needed
What Should Families Do After a Fatal Accident?
After a fatal accident, families can protect a possible claim by gathering records and avoiding statements to insurers until they get legal advice. These steps can help:
- Request a copy of the police or incident report.
- Keep medical bills, funeral receipts and the death certificate.
- Save photos, videos, text messages and witness names.
- Avoid recorded statements to the other side’s insurance company.
- Talk with a lawyer about opening an estate and naming a personal representative.
If the death happened on the road, this guide on what to do when a loved one dies in a car accident in Florida covers more next steps.
Why Choose the Law Offices of Jason Turchin
The Law Offices of Jason Turchin represents families throughout Palm Beach County and across Florida in wrongful death claims. Attorney Jason Turchin is the founder and principal attorney of the firm.
Attorney Jason Turchin holds an Avvo 10.0 Superb Rating. He is AV Preeminent Peer Rated for Highest Level of Professional Excellence by Martindale-Hubbell in 2026, and he has been named to the Super Lawyers list from 2020 through 2026.
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.
Wrongful death cases are handled on a contingency fee basis. There are no upfront payments and no hourly billing, and fees and costs are waived if there is no recovery. This lets families pursue a claim without added financial strain.
Frequently Asked Questions
Who can bring a wrongful death claim in Florida?
The personal representative of the estate files the lawsuit. Damages are then distributed to eligible survivors such as spouses, children and parents, and to the estate.
How often are wrongful death cases won?
There is no reliable way to predict the outcome of a single case. Results depend on the evidence, who was at fault, the available insurance and the law that applies. A lawyer can review the facts and explain the strengths and risks of a claim.
How much do wrongful death cases settle for?
No standard amount exists. A settlement may depend on the deceased’s age and earnings, the survivors’ relationships and losses, the degree of fault and the insurance coverage available.
Do wrongful death cases usually settle out of court?
Many cases settle through negotiation. Some proceed to trial if insurers refuse to pay fair compensation.
What if my loved one was partly responsible for the accident?
Under Florida’s comparative fault law, damages may be reduced by the deceased’s share of fault. In most negligence cases, recovery may be barred if the deceased is found more than 50 percent at fault.
Contact West Palm Beach Wrongful Death Lawyers
If your family lost a loved one in West Palm Beach due to negligence, legal help may be available. The Law Offices of Jason Turchin represents families in Palm Beach County in wrongful death cases involving fatal crashes, boating incidents, shootings, nursing home neglect and more.
Call 800-337-7755 today, use our live chat or contact our office online for a free consultation. You won’t pay any fees or costs unless money is recovered.
