Wrongful Death Lawyer in Florida
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- July 2, 2024
Why Choose FHVG as Your Wrongful Death Lawyer in Florida?
We are a nationally recognized catastrophic injury and medical malpractice law firm in Florida with over 20 years of experience protecting the rights of injured individuals and their families. If you have lost a loved one because of someone else’s negligence, we can help. With more than $2.6 billion in compensation recovered, we have the resources, skill, and fortitude to go up against large corporations and win substantial compensation for you and your family.
We are driven by a core desire to help others. When you choose our Florida wrongful death attorneys, you will get a skilled team of caring, compassionate attorneys dedicated to pursuing justice and maximum compensation. Many of our attorneys have experience defending large insurance companies, giving us an insider’s perspective that helps us win.
Table of Contents
- Why Choose FHVG as Your Wrongful Death Lawyer in Florida?
- Why You Need an Attorney After a Wrongful Death
- What Constitutes a Wrongful Death in Florida?
- Who Can Recover in a Wrongful Death Suit in Florida?
- Compensation Available In Florida Wrongful Death Claims
- How Much is a Wrongful Death Lawsuit in Florida Worth?
- Who Can Be Held Responsible For A Wrongful Death In Florida?
- Statute of Limitations on Wrongful Death Suits in Florida
- What Is the Difference Between Wrongful Death Claims and Survival Actions in Florida?
- Most Common Causes of Wrongful Death in Florida
- Contact Our Wrongful Death Attorneys for a Free Consultation
Track Record of Success
We care about every client, and our highest priority is to give your case the personalized attention it deserves so you receive the highest compensation available. Our approach works. We consistently get outstanding results for our clients, including settlements and verdicts in the seven- to eight-figure range, such as the following:
JURY VERDICT
We won this damages jury verdict for the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we demonstrated that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.
JURY VERDICT
We won this jury verdict for the family of a 54-year-old man who died in the hospital from a narcotic overdose and lack of proper monitoring. FHVG proved the doctor failed to take the proper precautions and ask the right questions, costing a father and husband his life.
SETTLEMENT
We won a settlement on behalf of the family of a 47-year-old woman whose death resulted from the use of a dangerous pharmaceutical drug.
SETTLEMENT
We obtained this settlement on behalf of a family after a 42-year-old woman was discharged from the hospital after she presented with severe signs of a subarachnoid hemorrhage and ultimately died.
SETTLEMENT
We obtained this settlement in a wrongful death lawsuit brought by a widow whose husband was killed by a distracted truck driver.
SETTLEMENT
We negotiated this settlement on behalf of a family of a husband and father who was overprescribed pain medication, causing his death from cardiopulmonary arrest.
SETTLEMENT
We obtained the wrongful death settlement over the death of a mother who had a hypertensive crisis after delivery that was not appropriately treated.
SETTLEMENT
We secured this settlement for the wrongful death of a woman who presented to the emergency room with signs and symptoms of a pulmonary embolism that went undiagnosed, causing her death.
Testimonials
When you have our nationally acclaimed Florida wrongful death lawyers on your side, you will never have to wonder what is happening with your claim. We are committed to keeping the line of communication open and always being available to answer your questions. We regularly receive unsolicited testimonials from past clients who attest to how much we care and how well we keep them informed.
I have never had to participate in the experience to litigate a personal issue regarding my life. But I can truly attest to the service & representation I received from FHV Attorneys at Law. Which was personally empathetic, professional, and successfully put forth respectful recovery in my behalf. They felt like family who cared.
I was very satisfied with services from the very beginning and actually up until present. They were very helpful and informative throughout the entire process of my case. I highly recommend!
Why You Need an Attorney After a Wrongful Death
Corporate attorneys and insurance companies know that wrongful death suits can be very costly. The lawyers protecting those companies’ interests will try to minimize the compensation to your family. Having an experienced attorney on your side levels the playing field.
Calculating the damages you may be entitled to after a wrongful death can be complex and may even require expert testimony to establish potential lifetime earnings. We will calculate the actual damages you may be entitled to recover. Often, there are losses you have not even considered. We can help you arrive at a reasonable figure to expect as compensation.
Calculating the damages you may be entitled to after a wrongful death can be complex and may even require expert testimony to establish potential lifetime earnings. We will calculate the actual damages you may be entitled to recover. Often, there are losses you have not even considered. We can help you arrive at a reasonable figure to expect as compensation.
In the aftermath of a loved one’s death, it is not uncommon to simply want to bring the matter to a close as quickly as possible. However, to protect your family’s interests, it is important to avoid settling for a quick offer that does not properly compensate you for the loss. We will fight for your family while you are dealing with the emotional aftermath of the tragedy.
Unless it is clear at the outset that the death was a criminal act, police may not preserve the evidence surrounding the circumstances of your loved one’s death. We have the experience and resources to ensure that police preserve the necessary evidence to demonstrate the facts of your case.
You need to understand that Florida has strict guidelines regarding the length of time you have to file a wrongful death claim. Certain circumstances can extend or curtail the time, and your attorney will have the expertise to navigate the legal requirements to ensure that the courts don’t dismiss your case due to a missing technical detail.
Why You Need an Attorney After a Wrongful Death
Corporate attorneys and insurance companies know that wrongful death suits can be very costly. The lawyers protecting those companies’ interests will try to minimize the compensation to your family. Having an experienced attorney on your side levels the playing field.
Calculating the damages you may be entitled to after a wrongful death can be complex and may even require expert testimony to establish potential lifetime earnings. We will calculate the actual damages you may be entitled to recover. Often, there are losses you have not even considered. We can help you arrive at a reasonable figure to expect as compensation.
In the aftermath of a loved one’s death, it is not uncommon to simply want to bring the matter to a close as quickly as possible. However, to protect your family’s interests, it is important to avoid settling for a quick offer that does not properly compensate you for the loss. We will fight for your family while you are dealing with the emotional aftermath of the tragedy.
Unless it is clear at the outset that the death was a criminal act, police may not preserve the evidence surrounding the circumstances of your loved one’s death. We have the experience and resources to ensure that police preserve the necessary evidence to demonstrate the facts of your case.
You need to understand that Florida has strict guidelines regarding the length of time you have to file a wrongful death claim. Certain circumstances can extend or curtail the time, and your attorney will have the expertise to navigate the legal requirements to ensure that the courts don’t dismiss your case due to a missing technical detail.
What Constitutes a Wrongful Death in Florida?
The Florida Wrongful Death Act defines a wrongful death as the death of a person stemming from negligence, default, or a breach of contract or warranty that would have entitled the deceased to file a personal injury claim had they survived. To prove negligence in a wrongful death claim, you must show that all of the following occurred:
- The defendant owed your loved one a duty of care.
- The defendant breached the duty of care.
- Your loved one suffered a fatal injury that would not have occurred were it not for the breach of duty.
- The breach of duty has a causal connection to the death.
When you choose our talented wrongful death lawyers at Freedland Harwin Gander Valori, you won’t have to carry the burden of proving your claim yourself. We will do all of the work of gathering evidence, interviewing witnesses, and consulting with experts so you can focus on spending time with loved ones and the grieving process. We charge no upfront fees, and you only pay if we win.
Who Can Recover Compensation in a Florida Wrongful Death Suit?
A legal representative of the deceased person’s estate must bring the wrongful death claim. This person may be in the decedent’s will or estate plan. However, if they have not named a legal representative, the court will appoint a legal representative for the estate. The wrongful death claim is brought on behalf of the surviving family members and the estate of the deceased.
With some exceptions, the victim’s spouse and children can recover damages in a wrongful death suit. Depending on the circumstances, the parents may also recover damages. Depending on the circumstances, anyone related by blood or an adopted sibling may also recover damages if they were wholly or partly dependent on the deceased for support.
The law also entitles children of an unmarried parent to recover damages if the deceased person acknowledged them as their own before death. The wrongful death claim must name all family members who may stand to benefit as part of the claim.
Florida law places additional restrictions on the types of damages certain family members can recover in medical malpractice lawsuits. While the spouse and minor children may be entitled to economic, non-economic, and punitive damages, the following parties generally cannot recover non-economic damages in medical malpractice cases:
- Children over 18
- The parents of children over the age of 25
These family members are entitled to recover certain economic damages for expenses they paid, including funeral costs and the deceased’s medical expenses. These laws are complicated. Our experienced wrongful death lawyers in Florida can determine which damages you qualify for and pursue them aggressively on your behalf.
Compensation Available In Florida Wrongful Death Claims
Damages in a wrongful death claim may include economic and non-economic damages that began accruing on the date of the injury that led to death. Punitive damages may also be available if the defendant intentionally hurt your loved one or caused the fatal injury through a reckless or indifferent disregard for your loved one’s safety.
Economic Damages in Wrongful Death Claims
Economic damages are compensation for past and future monetary losses related to the injury, such as the value of lost support and services, funeral expenses, and medical expenses of the deceased. The value of lost support and services may include the following:
- The probable lifetime income of your loved one had they lived
- The cost to replace your loved one’s services, such as childcare, transportation, and housekeeping services
- A loss in the value or income of your loved one’s estate
Non-Economic Damages in Wrongful Death Claims
Non-economic damages are compensation for emotional losses related to your loved one’s death, such as the following:
- Loss of companionship
- Loss of parental guidance and instruction
- Mental pain and suffering
Way beyond my expectations. Their hard work and professionalism overwhelmed me when discussing a settlement. It was 19 times higher than what I had thought it would be.
Larry T., Google
How Much is a Wrongful Death Lawsuit in Florida Worth?
The value of your wrongful death lawsuit could range from several thousand to millions, depending on your family’s unique circumstances and the details of the incident leading to death. The most important factors that influence your compensation include the following:
- The type of accident that led to the death
- Your relationship to the deceased
- Whether your case settles or goes to trial
- The duration and degree of your loved one’s suffering from injury to death
- Your loved one’s income before the injury
- The impact of the death on your family
Our caring and skilled attorneys are passionate and aggressive, and we will employ all resources available to ensure you receive the maximum recovery available.
Who Can Be Held Responsible For A Wrongful Death In Florida?
Anyone who causes or contributes to someone else’s death through negligent conduct may be liable for wrongful death damages. In many cases, multiple parties share the blame for the accident. For example, in a car accident, a negligent driver may share fault with a government entity that failed to maintain safe roads. Vehicle owners, trucking companies, employers, and vehicle parts manufacturers may also share blame.
In medical malpractice claims, multiple health care providers may be liable, such as the following:
- Doctors
- Nurses
- Pathologists
- Radiologists
- Pharmacists
- Anesthesiologists
- Therapists
- Hospitals
- Birthing Centers
- Nursing homes
A negligent property owner or manager may be liable for slips and falls, swimming pool accidents, or other injuries that occur on their property.
Identifying all the liable parties is one of the most important services a wrongful death lawyer in Florida provides. This is one way our dedicated attorneys can maximize your compensation.
Statute of Limitations on Wrongful Death Suits in Florida
The Florida statute of limitations governs the deadline for filing a wrongful death lawsuit. In most cases, the time limit is two years from the date of death. In medical malpractice cases, when the injury is discovered later, the clock starts to run on the date you discovered or should have discovered the harm, but not longer than four years after the incident.
The statute of limitations in Florida is complex, and additional time limits may apply depending on individual variables in your case. If you have lost a loved one because of someone else’s negligence, don’t wait to contact an experienced wrongful death attorney. If you miss the deadline, you will forever lose your right to pursue compensation for your loss.
What Is the Difference Between Wrongful Death Claims and Survival Actions in Florida?
Many people confuse a wrongful death claim with a survival action. While a wrongful death claim seeks to recover damages for family members after the loss of a loved one, a survival action is a lawsuit the family files on behalf of the deceased person after death. If the deceased person could have brought a personal injury suit for medical expenses, pain and suffering, or lost wages, their representative may bring suit to collect for the estate for those damages.
If your loved one’s death was painful, and they suffered, the estate and the decedent’s heirs may collect damages for that pain and suffering – even though the loved one wasn’t able to survive to claim those damages. Reach out to us today. We can assess your situation and advise you whether you can file a survival action on behalf of your loved one.
Most Common Causes of Wrongful Death in Florida
Accidents are the fourth leading cause of death in Florida, according to 2021 data. The Florida Department of Health reports that the most common causes of unintentional injury in the state in 2022, the latest year for which data is available, included the following:
- Poisoning
- Slips and falls
- Motor vehicle accidents
- Accidental drowning
- Suffocation
- Fires
- Firearm discharges
Poisoning deaths are most often drug overdoses. These can stem from medication overdose caused by medical malpractice, such as overprescribing narcotics, prescribing the wrong medication, or administering medication incorrectly in the hospital. Medical malpractice can also be the cause of fatal slips and falls that occur in hospitals, nursing homes, and other medical facilities.
Common Medical Malpractice Errors that Lead to Death
We have represented numerous tragic cases of families who lost loved ones because physicians breached the standard of care, such as the following situations:
Medical malpractice occurs when a health care professional fails to provide a reasonable standard of care, resulting in harm to a loved one. When medical malpractice results in death, you can trust that we have the experience, knowledge, and resources to stand up to powerful health care corporations and their insurance companies and get justice for your loved one.
Contact Our Wrongful Death Attorneys for a Free Consultation
The death of a loved one can bring on a lifetime of grief, suffering, and financial hardship for a family. When your loved one’s life is cut short because of someone else’s negligence, you can count on our compassionate and knowledgeable Florida wrongful death attorneys to fight passionately to expose the wrongdoing and aggressively pursue maximized financial compensation.
Although no amount of money can make up for the loss of your loved one, a wrongful death settlement can ease the resulting financial burden and provide you and your family with a sense of justice. With more than $2.6 billion in compensation recovered for injured accident victims and grieving families, we are ready to fight for you.
Schedule your free consultation today by contacting us online or calling (954) 467-6400.
