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What Makes a Death a Wrongful Death Case in Florida?
Under Florida law, a wrongful death happens when someone dies because of another person’s negligence, carelessness, or intentional actions. These cases are different from criminal cases. Even if no criminal charges were filed, your family may still have a valid wrongful death claim.
Common situations include:
Car accidents – When a drunk driver, distracted driver, or reckless driver kills someone on Florida roads
Medical mistakes – When doctors, nurses, or hospitals make errors that cost someone their life
Workplace accidents – When unsafe conditions or a lack of safety equipment lead to a fatal injury
Defective products – When dangerous products cause fatal injuries
Nursing home neglect – When facilities fail to provide proper care, and a resident dies
Pedestrian and bicycle accidents – When drivers hit and kill people walking or riding bikes
The Gardens area has seen its share of these tragedies. From accidents on PGA Boulevard to incidents at local construction sites, families in our community deal with sudden, preventable losses.
Were You Affected by a Wrongful Death? Let Us Help You
Were You Affected by a Wrongful Death? Let Us Help You
Get your FREE & confidential case review today
561-689-8180Who Can File a Wrongful Death Lawsuit in Florida?
The Florida wrongful death law is specific about who can bring these cases. The personal representative of the deceased person’s estate files the lawsuit. This person represents all the family members who have been affected by the death.
Family members who can recover damages include:
- The surviving spouse
- Children (including adult children)
- Parents of minor children
- Other blood relatives who depended on the deceased
Each family member may recover different types of damages based on their relationship to the person who died.
Damages You Can Recover in a Wrongful Death Case
Money cannot replace your loved one. But financial recovery helps your family stay stable during this difficult time and holds wrongful parties responsible.
Florida law allows families to seek:
Economic damages – Medical bills from the final injury or illness, funeral and burial costs, lost income your loved one would have earned, lost benefits like health insurance and retirement contributions, and the value of services your loved one provided to the family.
Non-economic damages – Loss of companionship and protection, mental pain and suffering, and loss of parental guidance for children.
In some cases where the actions were especially reckless or intentional, punitive damages may apply. These are meant to punish the wrongdoer and prevent similar conduct.
Time Limits for Filing a Wrongful Death Claim in Florida
Florida gives families two years from the date of death to file a wrongful death lawsuit. This deadline is strict. If you miss it, you lose your right to seek compensation forever.
Two years might sound like plenty of time, but these cases take months to investigate and prepare. Medical records need review. Witnesses need interviews. Experts need time to analyze what happened. Waiting too long makes cases harder to prove.
Some families wait because they feel guilty about pursuing money after a loss. Others wait because they are overwhelmed with grief. Both reactions are normal, but do not let these feelings cost your family the justice they deserve.
Did You Lose a Loved One Due to an Accident? Let Us Help You
Did You Lose a Loved One Due to an Accident? Let Us Help You
Get your FREE & confidential case review todayThe Wrongful Death Claims Process
Every case is different, but most follow a similar path:
Investigation – We gather all evidence related to the death. This includes police reports, medical records, witness statements, photos from the scene, and expert opinions. For a car accident, we might get phone records to prove the driver was texting. For a medical case, we review hospital charts and procedures.
Filing the claim – Once we understand what happened, we file the lawsuit. This starts the formal legal process.
Discovery – Both sides exchange information. We take depositions (recorded statements under oath) from witnesses and the people responsible. They get to ask questions too. This phase takes several months.
Negotiations – Most wrongful death cases settle before trial. Insurance companies know when they have a weak case. We push for full compensation for your family.
Trial – If settlement talks fail, we take your case to court. A jury hears the evidence and decides if the defendant is responsible and how much they should pay.
The process takes time. Simple cases might resolve in several months. Complex cases involving multiple parties or disputed facts can take a year or more. We keep you updated every step of the way.
Common Causes of Wrongful Death in Palm Beach Gardens
Our community faces specific risks:
Traffic accidents – The intersection of PGA and Military Trail sees heavy traffic. I-95 runs through our area with high-speed crashes. Elderly drivers sometimes cause accidents. Tourist traffic during the winter months increases risks.
Pool drownings – With so many homes having pools, drowning deaths happen more often than they should. Lack of proper fencing, broken pool alarms, and inadequate supervision at apartment complexes cause preventable deaths.
Construction accidents – Palm Beach Gardens continues to grow. Construction sites dot the area. Falls from heights, equipment accidents, and electrocutions kill workers when companies cut corners on safety.
Nursing home deaths – Our area has numerous senior care facilities. Not all provide the quality care they promise. Bedsores, medication errors, falls, and neglect cause deaths that should never happen.
What to Do After a Wrongful Death
The days and weeks after losing someone are a blur. You are planning a funeral, notifying family and friends, and trying to function while your world has fallen apart. Legal matters feel impossible to think about.
Here are practical steps that help your family and protect your legal rights:
Keep all documents – Medical bills, funeral receipts, pay stubs showing lost income, and insurance papers. Put everything in one place.
Write down what you remember – If you witnessed what happened or talked to your loved one before they died, write it down while it is fresh. Memory fades over time.
Take photos – If the death involved a dangerous condition like a broken sidewalk or defective product, photograph it. Conditions change, evidence disappears.
Do not talk to insurance companies alone – Insurance adjusters may contact you quickly. They sound sympathetic. They are trained to get you to say things that hurt your case. Politely tell them you will have your lawyer contact them.
Do not post on social media – Anything you post can be used against your family. Defense lawyers search social media for posts they can twist to minimize your claim.
Call a wrongful death lawyer – Early legal help protects your rights. Evidence gets preserved. Witnesses get interviewed while memories are fresh. Insurance companies take your claim seriously when you have legal representation.
Why Choose Zoeller Law for Your Wrongful Death Case
Experience matters in wrongful death cases. These are the most serious cases in personal injury law. Insurance companies assign their best lawyers to defend them.
You need someone with equal skill fighting for your family.
Our firm focuses on personal injury and wrongful death cases in Florida. We know the laws. We know the local courts. We know how insurance companies operate.
We handle cases on contingency. You pay nothing unless we recover money for your family. This means families who need legal help can get it without worrying about upfront costs.
You will work directly with our legal team, not a paralegal or case manager. We limit our caseload so every family gets personal attention. Your calls get returned. Your questions get answered.
Were You Affected by a Wrongful Death? Let Us Help You
Were You Affected by a Wrongful Death? Let Us Help You
Get your FREE & confidential case review todayWrongful Death vs. Survival Action
Florida recognizes two types of claims after someone dies due to another’s actions. Understanding the difference matters for your case.
A wrongful death claim compensates the family members for their losses. This includes loss of support, loss of companionship, and funeral expenses.
A survival action is brought on behalf of the deceased person. It seeks damages the deceased could have recovered if they had lived. This includes pain and suffering the person experienced between the time of injury and death, medical expenses, and lost earnings before death.
Many cases involve both claims. They get filed together but compensate for different losses.
How Florida’s Comparative Negligence Law Affects Wrongful Death Cases
Sometimes the person who died shares some responsibility for what happened. Maybe they were not wearing a seatbelt. Maybe they ignored a safety warning.
Florida uses comparative negligence. This means that if the deceased was partly at fault, it reduces but does not eliminate recovery. If your loved one was 20% responsible and the total damages are $1 million, your family would recover $800,000.
Insurance companies try to blame the victims to reduce what they pay. We fight back with evidence showing who really caused the death.
Contact a Palm Beach Gardens Wrongful Death Attorney Today
Your family deserves justice. The person or company responsible should be held accountable. Money will not bring your loved one back, but it provides stability during an impossible time and sends a message that carelessness has consequences.
Call Zoeller Law today for a free consultation. We will review your case, explain your options, and answer your questions. You have nothing to lose by calling and everything to gain.
Do not wait until the deadline passes. Do not let insurance companies take advantage of your grief. Let us fight for your family while you focus on healing.
