Florida Wrongful Death Lawyer | Broward County & South Florida

Losing Someone to Another Person’s Negligence Is Different

Wrongful death is not a legal term designed to minimize what your family has experienced. It is the recognition that someone you love died because another person or company failed in a duty they owed — and that failure has legal and financial consequences. No claim changes what happened. What it does is hold the responsible party accountable, relieve your family from the financial burden their negligence created, and protect the people your loved one would have taken care of.

At Florida Advocates, we understand this is the hardest thing your family will go through. We also understand that the window to act is limited, and the evidence that proves your case is time-sensitive. When you call us, you will speak with our team directly. Your story will be heard from the first call.

What Is a Wrongful Death Claim Under Florida Law?

Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), when a person is killed due to the wrongful act, negligence, or default of another, surviving family members and the estate may pursue a civil claim against the responsible party. A wrongful death claim is entirely separate from any criminal prosecution — you can pursue civil damages regardless of whether criminal charges are filed or result in conviction.

Who Can File a Florida Wrongful Death Claim?

Claims are brought by the personal representative of the deceased’s estate on behalf of eligible survivors, which may include:

• The surviving spouse
• Children of the deceased — both minor and adult in certain circumstances
• Parents — particularly when there is no surviving spouse or children
• Blood relatives or adoptive siblings who were financially dependent on the deceased

The estate itself may also recover for medical and funeral expenses, and for lost wages and benefits between the date of injury and the date of death.

What Damages Can Florida Wrongful Death Survivors Recover?

For Surviving Spouses

• Loss of support and services
• Companionship, protection, and mental pain and suffering from the loss

For Minor Children

• Loss of parental companionship, instruction, and guidance
• Mental pain and suffering
• Lost financial support the parent would have provided

For All Survivors

• Medical expenses incurred before death resulting from the injury
• Funeral and burial expenses
• Lost net accumulation to the estate — what the deceased would have earned and saved

Common Causes of Wrongful Death We Handle in South Florida

Car, Truck, and Motorcycle Accidents

Traffic accidents are among the leading causes of wrongful death in Broward County. When a crash occurs because another driver was negligent — impaired, distracted, speeding, or running a red light — and that negligence causes a fatality, a wrongful death claim may be pursued against the at-fault driver and their insurer. Commercial truck accidents may also involve the carrier as a defendant.

Premises Liability Fatalities

When a property owner’s failure to maintain safe conditions causes a fatal injury — a dangerous staircase, an unfenced pool, a parking garage assault — the property owner may face wrongful death liability under Florida premises liability law.

Workplace and Construction Accidents

Fatal workplace accidents in South Florida — particularly in construction — can give rise to wrongful death claims where employer or third-party negligence is a contributing factor.

Defective Products

When a product defect — a defective vehicle component, dangerous medication, or unsafe consumer product — causes a fatality, the manufacturer and others in the supply chain may face liability under both product liability and Florida’s Wrongful Death Act.

Why the Insurance Company’s First Offer Is Never the Right Number

Wrongful death claims represent significant financial exposure for insurers. From the first day of a claim, their adjusters and attorneys are working to reduce that exposure. Tactics include undervaluing the deceased’s future earning capacity, disputing cause of death, minimizing non-economic damages, and moving quickly toward a settlement offer before survivors have retained an attorney.

Susan Brown spent years as a bodily injury claims adjuster. She has seen this process from the inside. In one of our vehicle accident cases, an insurer offered $55,000 based on prior injury arguments — we recovered nearly four times that amount by demonstrating how the crash exacerbated the existing condition. Every wrongful death case deserves that same level of scrutiny.

Florida Wrongful Death Statute of Limitations

Florida law requires a wrongful death claim to be filed within two years of the date of death. This deadline is strict. Assuming an insurer will make a fair settlement offer without litigation is a mistake that can permanently forfeit your family’s right to compensation. Contact us as early as you are able.

About Attorney Susan Brown — Florida Advocates Personal Injury Lawyers

Susan Brown oversees the personal injury division at Florida Advocates. Before becoming an attorney, Susan worked as an insurance adjuster handling bodily injury and workers’ compensation claims. She was then recruited by the state’s largest personal injury firm — which is where she decided to pursue her law degree. That inside knowledge of how insurance companies evaluate, delay, and undervalue claims is what sets her apart from attorneys who have only ever worked on one side of a case.

Susan earned her J.D. with Honors from the University of Florida College of Law (1999), receiving the Book Award in Legal Drafting and a Trial Advocacy Scholarship. She is admitted to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida, and has argued and won cases before the Eleventh Circuit Court of Appeals. Susan is a member of the Million Dollar Advocates Forum — a designation reserved for attorneys who have achieved million-dollar-plus verdicts and settlements — and the Broward County Trial Lawyers Association.

Frequently Asked Questions — Florida Wrongful Death Claims

Serving Wrongful Death Families Throughout South Florida

We represent families throughout Broward County, Miami-Dade County, and Palm Beach County — including Fort Lauderdale, Dania Beach, Hollywood, Pompano Beach, Coral Springs, Plantation, Pembroke Pines, Weston, Hallandale Beach, Miramar, and surrounding communities.

If you have lost a family member due to someone else’s negligence, call Florida Advocates today. Your consultation is free and confidential. Your loved one’s story matters — let ours help tell it.