FAIR Federal Association For Insurance Reform
Florida Chiropractic Association
South Broward Bar Association
BBB Accredited Business
Dania Beach Small Business of the Year
10 Verified Car Accident Attorneys in Fort Lauderdale
Awards and recognitions listed are not indicative of future results. Selection criteria vary by organization.

Fort Lauderdale Wrongful Death Lawyer

When Negligence Takes a Life — Families Deserve Justice

Losing a loved one is devastating. When that loss was caused by someone else’s negligence — a reckless driver, a careless property owner, a negligent medical provider, a dangerous product — the grief is compounded by anger and a profound sense of injustice.

Florida’s Wrongful Death Act provides a path for surviving family members to hold the responsible parties accountable. While no amount of money can replace your loved one, a wrongful death claim can provide financial security for your family and ensure that the negligent party faces consequences for their actions.

Carlos D. Cabrera handles wrongful death cases with the compassion and determination these cases require. As a former insurance defense attorney, he knows how insurers attempt to minimize these claims — and he begins building the counter-strategy from day one.


The Florida Wrongful Death Act: Who Can Recover

Under Florida Statutes §§ 768.16–768.26, wrongful death claims are brought by the personal representative of the deceased person’s estate on behalf of surviving family members. The following survivors may be entitled to compensation:

Surviving spouse — Loss of companionship, protection, support, services, and mental pain and suffering

Minor children — Lost parental guidance, instruction, companionship, and mental pain and suffering

Adult children — Mental pain and suffering for the loss of parental companionship (in most cases)

Parents of minor children — Mental pain and suffering for the loss of their child

Parents of adult children — Mental pain and suffering if there is no surviving spouse or other lineal descendants

Other blood relatives and adoptive siblings — If they were partly or wholly dependent on the deceased for support

Important limitation:

In medical malpractice wrongful death cases, adult children generally cannot recover for mental pain and suffering if there is a surviving spouse. This is a significant limitation under Florida law.

Fort Lauderdale Wrongful Death Statistics

Broward County lost 219 lives to traffic fatalities in 2023 alone. These deaths occurred on I-95, I-595, local roads, and in pedestrian and bicycle accidents throughout Fort Lauderdale and surrounding communities.

Broward County Fatalities (2023)Deaths
Total traffic fatalities219
Pedestrian fatalities62
Motorcycle fatalities37
Bicycle fatalities9
Hit-and-run fatalities27

Every one of these deaths represents a family forever changed — and in many cases, a wrongful death claim that could provide financial security and accountability.


Common Causes of Wrongful Death in Fort Lauderdale

Motor vehicle accidents — Car crashes, truck accidents, motorcycle collisions, pedestrian accidents, bicycle accidents

Premises liability — Negligent security, swimming pool drownings, falls from heights

Medical malpractice — Surgical errors, misdiagnosis, delayed diagnosis, birth injuries, medication errors

Defective products — Dangerous drugs, defective vehicles, defective machinery

Workplace accidents — Construction site fatalities, industrial accidents

Nursing home neglect — Falls, malnutrition, dehydration, bedsores leading to sepsis


Damages Available in Florida Wrongful Death Cases

Florida law allows recovery for:

Lost support and services — The financial contributions and household services the deceased would have provided

Lost companionship and guidance — The relationship value lost by surviving family members

Mental pain and suffering — The emotional anguish experienced by survivors

Medical expenses — Medical care provided to the deceased before death

Funeral and burial expenses — Reasonable costs of final arrangements

Lost net accumulations — The income the deceased would have earned over their lifetime, minus personal living expenses (available to the estate)


Wrongful Death Deadlines in Florida

Type of Wrongful Death CaseDeadline
Standard wrongful death2 years from date of death
Medical malpractice death2 years + 90-day pre-suit notice
Government entity (sovereign immunity)3 years pre-suit notice; strict caps apply
Products liability death4 years (12-year statute of repose)

Do not wait. Evidence disappears, witnesses’ memories fade, and missing a deadline can permanently bar your claim.


Fort Lauderdale Wrongful Death Resources

Courts

Broward County Probate Court
201 SE 6th Street, Fort Lauderdale, FL 33301
Phone: (954) 831-6565

Miami-Dade County Probate Division
73 W Flagler Street, Miami, FL 33130
Phone: (305) 275-1155

Vital Records

Florida Department of Health — Vital Records Death Certificate Information


About Attorney Carlos D. Cabrera

Carlos D. Cabrera leads the Personal Injury Department at Florida Advocates. He handles wrongful death cases with the compassion these families deserve and the determination these cases require. As a former insurance defense attorney, he knows how insurers attempt to minimize wrongful death claims — and he builds cases designed to defeat those tactics.

Education

  • J.D. — St. Thomas University College of Law (2000)
  • Managing Editor, St. Thomas Law Review
  • B.A. English — Florida International University (1994)

Bar Admissions

  • The Florida Bar
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida

Carlos’s federal court admissions mean he can handle complex cases that cross state lines or involve federal questions — not just state court claims.

Credentials & Recognitions

  • Million Dollar Advocates Forum Member
  • Multi-Million Dollar Advocates Forum Member
  • Florida Legal Elite Recognition
  • Lead Counsel Verified (Appellate, since 2015)
  • Former Insurance Defense Counsel

Learn more about Carlos D. Cabrera →


Frequently Asked Questions

Who can file a wrongful death lawsuit in Florida?

Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. However, the claim is brought on behalf of surviving family members including the surviving spouse, minor children, adult children (in most cases), parents, and dependent blood relatives.

What damages can be recovered in a Florida wrongful death case?

Florida allows recovery for lost support and services, lost companionship and guidance, mental pain and suffering of survivors, medical and funeral expenses, and lost net accumulations.

How long do I have to file a wrongful death lawsuit in Florida?

Generally two years from the date of death. Special rules apply in medical malpractice and government entity cases. Contact an attorney immediately.

What if my loved one was partially at fault?

Florida follows modified comparative negligence. Recovery is still possible if the deceased was not more than 50% at fault.

What does it cost to hire Florida Advocates?

Nothing unless we win. We handle wrongful death cases on a contingency fee basis.


Serving Wrongful Death Families Throughout Broward County

Florida Advocates represents families in wrongful death cases in Fort Lauderdale and throughout Broward County, including:

Dania Beach — Office Location | Hollywood | Pembroke Pines | Coral Springs | Plantation


Contact a Fort Lauderdale Wrongful Death Lawyer

If your family lost a loved one due to negligence in Fort Lauderdale, contact Florida Advocates today for a free, compassionate consultation.

Call: 754-290-3803
Email: info@fladvocates.com

Call us for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?


Contact Us

Fill out the contact form or call us at 754-290-3803 to schedule your free consultation.
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