Wrongful Death Attorney in Boca Raton

Over 100 Years of Combined Experience for Families After a Fatal Loss

A wrongful death claim can address the legal and financial consequences of a death allegedly caused by negligence, recklessness, or intentional misconduct. Families may face funeral expenses, the loss of financial support and household services, insurance communications, and urgent evidence-preservation decisions while grieving. The civil claim is separate from any criminal investigation or prosecution connected to the death.

At The South Florida Injury Law Firm, we help families in Boca Raton, FL understand who may bring the claim, which losses may be recoverable, and what evidence should be preserved. With over 100 years of collective legal experience, our wrongful death lawyers can investigate the circumstances, protect your rights, and prepare the case for negotiation or trial.

Call (888) 906-4423 or contact us online today to schedule a free consultation with our wrongful death attorneys in Boca Raton.

What Is Wrongful Death?

Wrongful death occurs when someone loses their life due to the negligent or intentional actions of another party. In Florida, wrongful death claims are governed by the Florida Wrongful Death Act (Fla. Stat. §768.16-768.26). The Act generally applies when the deceased person could have pursued a legal action if the death hadn’t occurred.

Common examples of incidents that may give rise to wrongful death claims include:

• Car accidents caused by reckless or drunk drivers
• Truck accidents involving negligent truck drivers or companies
• Medical malpractice resulting in fatal injuries or complications
• Defective products that lead to fatal accidents
• Workplace accidents caused by unsafe conditions
• Nursing home abuse or neglect leading to premature death
• Violent acts or criminal behavior

A wrongful death claim is a civil lawsuit, separate from any criminal charges the at-fault party may face. Its purpose is to seek financial accountability and damages for eligible survivors and the estate. Criminal charges are brought by the state and involve different parties, burdens of proof, and potential penalties.

Who Can File a Wrongful Death Lawsuit in Florida?

Not everyone can file a wrongful death claim in Florida. Under Florida law, the personal representative of the deceased person’s estate brings the lawsuit for the benefit of the decedent’s survivors and estate. This representative is usually named in the person’s will or appointed by the court if no will exists. Estate administration may therefore need to begin before the lawsuit can proceed, particularly when a representative hasn’t already been appointed.

Potential survivors may include:

• The surviving spouse
• Children, including adopted children and, in certain cases, adult children
• Parents of the deceased
• Other relatives or dependents who were financially reliant on the deceased

Florida law can be complex regarding who qualifies as a “survivor” for purposes of compensation. Eligibility and available damages can depend on the person’s relationship to the deceased, age, financial dependency, and whether medical negligence is alleged. Our Boca Raton wrongful death attorneys can determine which parties should be identified in the claim.

Wrongful Death Compensation for Survivors & the Estate

While money can never replace the life of a loved one, compensation from a wrongful death claim can address specific financial and relationship-based losses. Florida law separates damages recoverable by eligible survivors from certain damages recoverable by the estate, and not every category is available in every case.

Economic damages:

• Loss of financial support: Wages, benefits, and other support the deceased would have provided, subject to the applicable legal and evidentiary requirements.
• Loss of services: The value of household or other services the deceased regularly provided to survivors.
• Medical expenses: Costs related to the deceased person’s final injury or illness, which may be recovered by a survivor or the estate depending on who paid or incurred them.
• Funeral and burial expenses: Reasonable costs paid by a survivor or the estate.

Non-economic damages:

• Loss of companionship and protection: Under Florida law, a surviving spouse may recover for loss of the decedent’s companionship and protection, as well as mental pain and suffering.
• Loss of parental companionship and guidance: Minor children, and all children if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance under Florida law.
• Mental pain and suffering: Damages that may be available to specified survivors, such as parents of a deceased minor child, based on their relationship to the deceased and the circumstances of the claim.

Punitive damages are distinct from compensation for a family’s losses. They may be available when the evidence and applicable law satisfy separate requirements concerning intentional misconduct or gross negligence.

Our team evaluates the financial records, family relationships, final expenses, and other evidence relevant to the damages that survivors and the estate may be entitled to pursue.

Proving Liability in a Wrongful Death Case

To establish liability in a wrongful death lawsuit, the evidence must connect another party’s negligence or misconduct to the death and resulting losses. This requires a detailed investigation of what happened, who had a legal responsibility to act safely, and whether that responsibility was breached.

Our attorneys must address several key elements:

• Duty of care: The defendant had a legal responsibility to act reasonably and safely.
• Breach of duty: The defendant failed to meet that responsibility.
• Causation: The breach of duty caused the fatal injuries.
• Damages: The death resulted in legally recognized losses for survivors or the estate.

Evidence commonly used in wrongful death cases may include:

• Accident or police reports
• Medical and autopsy records
• Surveillance footage or vehicle data
• Expert testimony
• Witness statements

Evidence can become harder to obtain over time. Video may be overwritten, physical evidence may change, and witness recollections may fade.

Steps to Take After a Fatal Accident

Certain actions can help protect your family’s rights and preserve important evidence.

Important steps may include:

• Obtaining copies of official reports, such as police or accident reports
• Preserving evidence and communications related to the incident
• Keeping records of medical expenses and funeral costs
• Saving employment, income, benefits, and household financial records
• Avoiding detailed conversations with insurance companies before consulting an attorney
• Documenting the financial and personal effects of the loss
• Contacting our wrongful death attorneys for legal guidance

Early legal review can help identify the proper claimant, evaluate filing deadlines, and determine whether additional records or physical evidence should be requested. It doesn’t mean that every fatal incident creates a viable claim, but it can provide the family with a clearer understanding of the available legal options.

Trial Preparation & Insurance-Side Insight

We were founded in 1998 and have more than 100 years of combined legal experience. We have recovered more than $100 million for clients across our personal injury practice, though each case depends on its own facts and those results aren’t presented as wrongful death case outcomes.

Our lead trial attorney has prior insurance defense experience, providing insight into how insurers evaluate liability, evidence, and damages. We prepare every case for trial rather than assuming it will settle, while continuing to evaluate negotiation and mediation when those paths serve the client’s interests.

We offer free case evaluations, contingency-fee representation, and 24/7 availability. We can also arrange visits for clients who are unable to travel. Our professional recognition includes membership in the Million Dollar Advocates Forum and a Distinguished Martindale-Hubbell rating.

Frequently Asked Questions

How Long Do I Have to File a Claim?

Florida generally provides two years from the date of death to file a wrongful death action. Exceptions and claim-specific rules may change the deadline, particularly when medical negligence, a government entity, or another area of law is involved. The applicable deadline should be evaluated under current Florida law.

Who Files a Florida Wrongful Death Lawsuit?

The personal representative of the deceased person’s estate brings the lawsuit for the benefit of eligible survivors and the estate. Survivor eligibility and available damages depend on Florida law and the family relationships involved.

What Is the Difference Between Wrongful Death & Homicide?

Wrongful death is a civil claim, while homicide is a criminal matter prosecuted by the state. A civil case may proceed independently of whether criminal charges are filed.

How Long Does a Wrongful Death Case Take?

The timeline varies depending on the evidence, number of parties, disputes over liability or damages, and court procedures. A case may resolve through negotiation, mediation, settlement, or trial. We can discuss the likely stages after reviewing the available facts, but no responsible attorney can promise a specific completion date.

Do I Have to Go to Court?

Not always. Many wrongful death claims are resolved through settlements. However, if a fair settlement can’t be reached, taking the case to trial may be necessary. We explain the available options and prepare clients for each stage of the process.

How Much Does a Wrongful Death Lawyer Cost?

At The South Florida Injury Law Firm, we work on a contingency-fee basis, with no upfront attorney fees. Attorney fees are collected after a recovery under that arrangement.

Speak With a Boca Raton Wrongful Death Lawyer

If you lost a loved one due to alleged negligence, recklessness, or misconduct, we can help you identify the proper claimant, assess potential survivor and estate damages, and understand the next legal step. We offer free case evaluations to families throughout South Florida, including Boca Raton.

Our contingency-fee arrangement requires no upfront attorney fees. Because evidence and filing deadlines can depend on the facts and claim type, prompt review can help clarify which records should be preserved and whether legal action may be available.

Call (888) 906-4423 now to discuss the circumstances and schedule a free consultation with our Boca Raton wrongful death lawyers.