Wrongful Death Lawyer in Boca Raton, FL

Damages Available in Florida Wrongful Death Cases

Florida’s wrongful death law divides recoverable damages between what surviving family members can claim and what the estate itself can claim. Both categories are worth pursuing, and both require careful documentation.

For Surviving Family Members

• Loss of financial support and services the deceased provided, calculated through their expected working life
• Loss of companionship, guidance, and protection; available to surviving spouses and minor children
• Mental and emotional pain and suffering
• Medical expenses for the final injury or illness if paid by family members.
• Funeral and burial costs

Note that Florida law limits certain non-economic damages for adult children and parents in wrongful death cases arising from medical malpractice.

For the Deceased’s Estate

• Lost earnings from the date of injury to the date of death
• Lost future earnings and net accumulations the deceased would likely have saved
• Medical and funeral expenses charged against or paid by the estate
• Conscious pain and suffering experienced between the injury and death

These awards serve to restore the financial status of the estate to the documentable level displayed before the deceased’s injury and eventual death.

Punitive Damages

In cases involving gross negligence or intentional misconduct (such as a repeat drunk driver, a nursing home that concealed abuse, or an employer who knowingly disregarded safety requirements), punitive damages may be available in addition to compensatory amounts. 

This category of damages is intended to hold the responsible party accountable at a level that reflects the severity of what they did.

How Our Wrongful Death Attorneys Approach These Cases

Wrongful death claims are among the most legally and factually demanding matters we handle. Here’s what our Boca Raton wrongful death attorneys will do for you from the moment you retain us.

Conducting an Independent Investigation

We don’t treat the official record as the final word. We perform our own investigation, examining physical evidence, pulling surveillance footage, interviewing witnesses, and bringing in accident reconstruction or medical experts when the facts require it.

Identifying Every Responsible Party

A fatal accident often implicates more than one party with legal exposure — a driver and their employer; a product manufacturer and a facility manager; a physician and a hospital system. We evaluate all potential defendants before moving forward, as it may be impossible to name additional defendants later on.

Coordinating the Probate Process

A Florida wrongful death lawsuit requires an open estate and a designated personal representative. We help coordinate this process for families who haven’t yet taken the necessary steps to ensure that nothing delays the legal claim.

Handling All Communication with Insurers

From the first contact, we’ll manage all necessary communication with the insurance companies on your behalf. The at-fault party's insurer will launch its own investigation immediately. We counter that process with our own.

Building a Case That Reflects Actual Losses

Our team will work with economists and other professionals to quantify what your family has lost, which might include lost income projected over a working lifetime, the value of services that the deceased provided, and the financial dependency of each survivor. We’ll then present that case in a way that holds up under scrutiny.

What to Do After Losing a Loved One to Negligence

In the midst of unimaginable grief, it's hard to think clearly about the practical steps you need to take. However, by acting intentionally and promptly, you can ensure justice for your loved one.

If you find yourself in this difficult situation, here are some important steps to follow:

• Preserve any evidence you have access to: Any photographs, messages, documents, or records related to the incident may be relevant. Don’t discard anything.
• Avoid speaking with the at-fault party's insurance company: You aren’t required to provide a statement, and doing so without a lawyer could work against your family.
• Gather your loved one's records: You’ll need medical records, employment records, financial documents, and information about their contributions to the household.
• Determine whether a personal representative has been named: If there’s no estate plan naming a representative, this needs to happen before the legal claim can proceed.
• Contact Demand The Limits: We’ll oversee every aspect of the legal process, including helping coordinate the estate side. Our lawyers are available for you around the clock.

Florida Wrongful Death Law: What Your Family Needs to Know

Wrongful death claims in Florida are governed by a specific statute that sets out who can sue, who can receive damages, and what deadlines apply. Understanding these rules from the beginning can help prevent mistakes that can’t be undone later.

The Legal Standard

Surviving family members can pursue a wrongful death claim when the deceased’s death results from another party’s wrongful actions, negligence, default, or breach of contract or warranty. Importantly, the deceased must have been eligible to file a personal injury claim had they survived.

This civil case is entirely separate from any criminal matter and can proceed regardless of whether criminal charges are filed or the outcome of those proceedings.

Comparative Fault

Florida's modified comparative negligence rules apply to wrongful death claims. If the deceased is found to have been partly at fault for the incident that caused their death, the family's recovery will be reduced proportionally. If they’re found to have been more than 50% at fault, the claim may be rejected.

Insurance companies routinely try to shift blame to the deceased to minimize what they owe. Our wrongful death attorneys know how to challenge such arguments with solid evidence.

The Statute of Limitations

In Florida, families generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means losing the right to seek compensation. The clock starts ticking the day your loved one died, not when you decide to pursue a claim.

Wrongful Death vs. Survival Action

When a personal injury results in death, a standard personal injury claim is no longer possible. Instead, a wrongful death claim is used to offset the losses of the surviving loved ones and the deceased’s estate (what would ordinarily be referred to as a “survival action”). This procedural distinction affects how the case is structured and what categories of damages apply.