Florida Wrongful Death Lawyers

You Deserve Help With Your Florida Wrongful Death Case

After losing a loved one in such an unexpected way, you need time to process what has happened, grieve your loss, and figure out where you and your family want to go from here. It may be much easier to do all of this if you leave your legal duties in the hands of our team.

When you come to Rosenberg & Rosenberg, our Florida wrongful death lawyers can provide:

• Full, clarified information about your unique situation and legal right to compensation.
• The benefit of working with a legal team that has more than 50 years of experience.
• A free case evaluation to learn more about your claim and how our firm can help.
• Spanish- and Creole-speaking staff available to assist you in your preferred language.
• Compassionate, comprehensive service that is tailored to your needs and costs nothing up front—you only pay us after we win.

It is easy to feel overwhelmed and confused in a situation like this. Do not let that stop you from pursuing legal action against the liable party. Your family deserves justice. Our wrongful death attorneys can fight to hold the at-fault party accountable.

What Goes Into Filing a Wrongful Death Lawsuit in Florida?

The legal process can take months or even years to work through, depending on how complex your case is and whether or not the insurance company agrees to work with you. Unfortunately, the insurer and/or the at-fault party often try to deny liability or undervalue a valid wrongful death claim, dragging out your case when all you want is closure.

Our wrongful death attorneys in Florida can guide you through the entire process, including:

• Collecting evidence from the medical examiner, the local or state police department, witnesses, and subject matter experts.
• Using that evidence to identify the liable party and determine what kinds of compensation our Florida law firm should seek on your behalf.
• Sending a demand letter to the at-fault party’s insurance company and managing all communications with other parties throughout your case.
• Negotiating for a fair settlement based on your emotional and financial losses.
• Reviewing the insurer’s settlement offers to ensure they are truly just and will cover your family’s current and future needs.
• Taking your case to trial in pursuit of a jury award if necessary (e.g., if the insurance company refuses to make an appropriate offer during negotiations).
• Representing you in the courtroom by presenting evidence, making opening and closing statements, and questioning witnesses on the stand.

Your case may or may not require all of these steps. For example, if the insurer agrees to settle out of court, you might not have to go to trial. Nevertheless, you want a legal team that is prepared for every single possibility and will not be caught off-guard by resistance from the insurance company.

Our Florida fatal injury lawyers take nothing for granted. We investigate every case meticulously and craft a personalized legal strategy based on your family’s needs and goals.

What Kinds of Wrongful Death Cases Do Our Attorneys Take?

Our wrongful death law firm is qualified to handle a wide range of case types. No matter what kind of accident your loved one was involved in, Rosenberg & Rosenberg has legal representatives who can be of assistance, including but not limited to:

• Florida car accident lawyers: Car crashes and other kinds of motor vehicle accidents—including collisions involving trucks, motorcycles, and pedestrians—caused 3,553 deaths in Florida in 2022, according to Florida Highway Safety and Motor Vehicles (FLHSMV).
• Florida workers’ compensation lawyers: Relatives of workers killed on the job may be entitled to death benefits through a workers’ compensation claim and/or a wrongful death lawsuit, per Florida’s Chief Financial Officer (CFO).
• Florida slip and fall lawyers: The Centers for Disease Control and Prevention (CDC) reports that over 3,800 older Floridians passed away from fall-related injuries in 2021.
• Florida medical malpractice lawyers: A misdiagnosis, missed diagnosis, or improper treatment plan can have fatal consequences.

For more information, call Rosenberg & Rosenberg for a free consultation today. Our firm was founded on hard work and a desire to give back to the community by helping negligence victims. We want to put those principles into action by advocating for your family.

The Florida Wrongful Death Act Entitles You to Fair Compensation

The state of Florida recognizes that surviving family members should never have to shoulder the financial burden of a loved one’s death when another person is at fault. When another’s negligence or wrongful act has fatal consequences, the at-fault party can be held liable for the damages that surviving relatives suffer.

Under the Florida Wrongful Death Act – Florida Statutes § 768.16-768.26 – the following damages are available:

• Economic damages – To pay for medical expenses related to the decedent’s injury, to pay for funeral expenses, and to compensate you for the value of lost support and services in terms of the decedent’s income contributions. Lost income may include future loss of support and services based on the decedent’s probable net income.
• Non-economic damages – To compensate you for loss of companionship and protection, and for the children’s loss of parental companionship, instruction, and guidance. In addition, our Florida wrongful death attorneys can include your mental pain and suffering from the date when the injury occurred.

The idea of discussing financial compensation after the loss of a loved one might feel unnatural or even disrespectful. It may help to think of these damages not as “replacing” your loved one—which they could never do—but as a form of justice: by forcing the negligent party to pay for their actions, you hold them responsible for hurting your family. You may even discourage others from engaging in similar behavior.

Let our wrongful death lawyers in Florida fight for the money you deserve. Compensation can give you the financial stability you need to rebuild your life.

What Qualifies as a Wrongful Death Under Florida Law?

According to Florida’s wrongful death statute, only certain surviving relatives are permitted to recover damages in a wrongful death claim when their loved one’s fatal injury was caused by:

• A wrongful act, such as breaking the law
• Negligence, such as not paying attention while driving or doing a job
• Breach of duty, such as taking an obviously dangerous course of action

Generally, these factors imply that death was preventable. Should these circumstances apply, the legal representatives at Rosenberg & Rosenberg can help you bring a case. If multiple parties were liable in your loved one’s death, we can file cases against all of them.

Who Can File a Wrongful Death Claim in Florida?

Only one person is allowed to file the claim, and that is the personal representative of the deceased. This individual takes legal action on behalf of all qualifying survivors, and whatever compensation they win will be split among everyone who is entitled to a share.

Who Can Recover Compensation From a Florida Wrongful Death Action?

Any or all of the following eligible individuals is allowed to recover damages under state law:

• Spouses
• Children
• Parents
• Dependent blood relatives and adoptive siblings

Each of these parties may be eligible for different types and amounts of compensation. For example, spouses are entitled to mental pain and suffering, but they can only collect reimbursement for funeral expenses if they were the one who paid for the funeral.

Because the Florida Wrongful Death Act is so specific about who can recover damages and when, it can be difficult to determine what you should ask for in your legal action. Our wrongful death lawyers can determine what you qualify for—and fight hard for it.

Why File a Wrongful Death Claim or Lawsuit?

If your wrongful death claim is successful and you are able to hold the responsible party liable for compensating you and the deceased’s dependents, you will:

• Receive enough money to help you maintain your current lifestyle, support the people who are depending on you, and pay for everything you need.
• Be able to move forward knowing that the at-fault party has been held accountable for their actions.
• No longer have to worry about whether you have the means to start over after a devastating loss.

We understand that, as much as you may want to take legal action, you have other things on your mind right now. Our wrongful death attorneys in Florida can review your case during a free consultation to help you determine your eligibility to file a claim. Then we can handle your entire case while you focus on mourning and healing.

When Should You File a Wrongful Death Lawsuit?

Florida wrongful death actions are governed by the statute of limitations at Florida Statutes § 95.11, which gives you two years from the date of your loved one’s death to file a lawsuit. Missing this deadline could mean giving up your chance to hold the liable party accountable and recover compensation.

The sooner you put your case in our Florida lawyers’ hands, the sooner you can stop worrying about legal matters.

Who Is the Responsible Party in Your Wrongful Death Case?

There are numerous potential at-fault parties in your case, depending on what kind of event caused the untimely death. To recover the compensation you deserve, Rosenberg & Rosenberg can thoroughly investigate your loved one’s fatal accident. We might find that the negligent party is a:

• Driver who put others in danger by speeding, failing to yield, or using electronic devices (even hands-free ones).
• Big company, such as a trucking company, that prioritized profits over worker safety and pressured its employees to engage in irresponsible behavior.
• Property owner who failed to address and post warning signs about dangerous conditions (e.g., slippery floors) or to provide adequate security.
• Property manager or maintenance team who was hired in good faith and failed to keep a piece of property or machinery in acceptable condition.
• Doctor who failed to take your loved one’s concerns seriously, prescribed the wrong treatment, or made a fatal mistake during treatment.
• Local government agency responsible for maintaining city roads and operating certain public transportation systems.

We are willing to take on liable parties of all kinds, no matter how large or powerful they are. You may find it easier to confront and negotiate with these parties and their insurance companies if you have our dedicated wrongful death law firm on your side.

Rosenberg & Rosenberg can do the talking and tell you what to expect. All you would need to do is trust our family-owned firm to advocate for you through this difficult time.

Our Wrongful Death Attorneys Support Florida Clients

There is no way to predict with accuracy the amount of compensation you could receive, but when we meet for your free consultation, we will take the time to review all aspects of the situation and figure out how we can best protect your family. We will also make sure that you fully understand your rights as our Florida wrongful death lawyers fight for justice and fair compensation on your behalf.

If you would like to discuss your case, get a free case evaluation by calling Rosenberg & Rosenberg today.