Losing a loved one is devastating. When that death was caused by someone else’s negligence, carelessness, or intentional act, the pain is compounded by anger, confusion, and a desperate need for answers.
In Florida, over 50,000 people die from preventable causes each year, according to the Florida Department of Health. These deaths—from car crashes, medical errors, workplace accidents, nursing home neglect, and violent crimes—leave behind grieving families facing not only emotional trauma but also financial devastation.
If your loved one died because of someone else’s actions, Florida law provides a path forward. A wrongful death claim can’t bring them back, but it can hold the responsible party accountable and provide financial support for the survivors left behind.
At Madalon Injury Law, we represent families who have lost loved ones due to negligence throughout Florida. We understand Florida’s Wrongful Death Act, the two-year deadline to file, and how to build cases that honor your loved one’s memory while securing the compensation your family deserves.
If you’ve lost a loved one due to someone else’s negligence, call us for a free consultation. We don’t get paid unless you win.
Florida sees thousands of preventable deaths every year—deaths caused by negligence, recklessness, and intentional acts.
Florida Preventable Death Statistics:
According to the Florida Department of Health:
National Context:
According to the Centers for Disease Control and Prevention (CDC), preventable deaths are a leading public health crisis:
Florida’s share of these deaths is disproportionate due to the state’s large elderly population, dangerous highways, and high-risk industries.
Leading Causes of Wrongful Death in Florida:
1. Motor Vehicle Accidents
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida consistently ranks among the deadliest states for traffic accidents:
2. Medical Malpractice
Medical errors—misdiagnosis, surgical mistakes, anesthesia errors, medication errors—kill thousands of Floridians each year. According to Johns Hopkins research, medical errors are the third-leading cause of death in the United States.
3. Nursing Home Neglect and Abuse
Florida has one of the oldest populations in the United States. With over 700 nursing homes statewide, neglect and abuse are tragically common:
4. Workplace Accidents
Florida’s construction, agriculture, and maritime industries create significant workplace fatality risks. According to OSHA, construction falls, electrocution, and equipment accidents kill hundreds of workers annually.
5. Defective Products
Dangerous or defectively designed products—vehicles, medical devices, machinery, consumer goods—cause deaths when manufacturers fail to ensure safety.
6. Premises Liability
Property owners who fail to maintain safe conditions cause deaths from:
7. Violent Crimes
Homicides, assaults, and violent crimes can result in wrongful death claims against third parties:
Who Is Most at Risk in Florida?
Elderly Adults (65+): Florida’s large elderly population faces elevated wrongful death risk from:
Drivers and Passengers: Florida’s dangerous highways and aggressive driving culture create constant fatality risk.
Workers: Construction workers, agricultural workers, and maritime workers face high occupational fatality rates.
Pedestrians and Cyclists: Florida consistently ranks as one of the most dangerous states for pedestrians and cyclists. Thousands are killed annually.
“Every wrongful death statistic represents a family torn apart—parents, spouses, children left behind. These aren’t just numbers. They’re people who deserved better.”
Sources: Florida Department of Health, CDC, FLHSMV, OSHA, Johns Hopkins Medicine
A wrongful death claim is a lawsuit filed when someone dies due to the negligence, recklessness, or intentional act of another person or entity.
Florida’s Wrongful Death Act:
Wrongful death claims in Florida are governed by Florida Statutes Chapter 768, specifically Florida Statute 768.16 through 768.26.
Key Provisions:
Florida Statute 768.19 defines wrongful death as death caused by:
Examples:
How Wrongful Death Claims Differ from Personal Injury Claims:
Personal injury claims are filed by the injured person seeking compensation for their own damages.
Wrongful death claims are filed on behalf of the deceased person’s estate and surviving family members. The deceased cannot file—the lawsuit is brought by a personal representative.
Who Can Be Held Liable?
Wrongful death claims can be filed against:
The Purpose of a Wrongful Death Claim:
While no amount of money can replace a loved one, wrongful death claims serve important purposes:
Florida law is very specific about who can file a wrongful death lawsuit.
The Personal Representative Requirement:
Under Florida Statute 768.20, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit.
What Is a Personal Representative?
A personal representative (sometimes called an executor or administrator) is the person appointed to manage the deceased person’s estate. This includes:
How Is a Personal Representative Appointed?
If the deceased had a will: The will typically names a personal representative. That person must be formally appointed by the probate court.
If the deceased had no will: The probate court appoints a personal representative based on Florida’s priority order:
Important: Even if you are a surviving spouse, child, or parent, you cannot file a wrongful death lawsuit until you are formally appointed as personal representative by the probate court.
The Process:
Why This Matters:
This requirement ensures:
What If There’s a Delay in Appointing a Personal Representative?
The two-year statute of limitations for wrongful death begins running from the date of death, not from the date a personal representative is appointed.
This means you can run out of time if probate is delayed. Don’t wait—consult a wrongful death lawyer immediately to ensure the deadline isn’t missed.
While only the personal representative can file the lawsuit, multiple people may be entitled to recover damages.
Survivors vs. Estate:
Florida wrongful death law divides damages into two categories:
1. Damages Recovered by Survivors 2. Damages Recovered by the Estate
Each has different rules.
Under Florida Statute 768.21, the following people may recover damages as “survivors”:
Surviving Spouse:
Minor Children (under 25):
Adult Children (25+):
Parents (if deceased was a minor or adult child with no other survivors):
Blood Relatives or Adoptive Siblings (Partly or Wholly Dependent):
Under Florida Statute 768.21, the estate may recover:
Survivors’ damages go directly to the individual survivors (spouse, children, parents).
Estate damages are distributed according to:
Example:
John dies in a car crash at age 40. He leaves behind a wife (Mary) and two children (ages 10 and 12).
Survivors’ damages:
Estate damages:
Important Distinctions:
Adult Children Without a Surviving Spouse: If the deceased had adult children but no surviving spouse, the adult children can recover for mental pain and suffering.
Adult Children With a Surviving Spouse: If there is a surviving spouse, adult children generally cannot recover (unless they were financially dependent on the deceased).
Parents: Parents can only recover if:
Dependent Blood Relatives or Siblings: These individuals must prove they were partly or wholly dependent on the deceased for support and services.
“Florida’s wrongful death law is complex. Who can recover and how much depends on the deceased’s age, family structure, and financial situation. Understanding these rules is critical to ensuring every entitled survivor receives compensation.”
Wrongful death claims arise from many different types of negligence. Here are the most common causes in Florida.
Car, truck, and motorcycle crashes are the leading cause of wrongful death in Florida.
According to the National Highway Traffic Safety Administration (NHTSA), over 42,000 people die in motor vehicle crashes annually in the United States. Florida accounts for a significant portion—over 3,500 traffic fatalities per year.
Common scenarios:
Liability: Drivers who cause fatal crashes through negligence can be held liable. In some cases, employers (trucking companies), bars (dram shop liability), or vehicle manufacturers (defective products) may also share liability.
Florida-specific risks:
Medical errors kill an estimated 200,000 Americans annually, according to Johns Hopkins research. Florida’s large healthcare industry and elderly population create significant malpractice wrongful death risk.
Common medical malpractice wrongful deaths:
Misdiagnosis or Delayed Diagnosis:
Surgical Errors:
Medication Errors:
Birth Injuries:
Hospital-Acquired Infections:
Emergency Room Errors:
Liability: Doctors, nurses, hospitals, clinics, and pharmacies can all be held liable for medical malpractice wrongful death.
Florida-Specific Rules: Medical malpractice cases in Florida have:
Medical malpractice wrongful death cases are complex and require specialized legal and medical expertise.
Florida has over 700 nursing homes caring for tens of thousands of elderly residents. Tragically, neglect and abuse are common—and often fatal.
Common nursing home wrongful deaths:
Falls:
Falls can cause:
Dehydration and Malnutrition:
Severe dehydration and malnutrition can cause:
Bedsores (Pressure Ulcers):
Medication Errors:
Physical Abuse:
Liability: Nursing homes, assisted living facilities, and their staff can be held liable for neglect and abuse. In severe cases, individual staff members and corporate owners may also be liable.
Florida Nursing Home Laws: Florida has specific regulations governing nursing home care. Violations of these regulations can support wrongful death claims.
Florida’s construction, agriculture, and maritime industries create significant workplace fatality risks.
According to OSHA, the leading causes of workplace deaths are:
Common workplace wrongful deaths:
Construction:
Agriculture:
Maritime:
Manufacturing:
Liability: Workers’ compensation covers most workplace deaths, but it typically provides limited benefits and doesn’t compensate for pain and suffering.
Third-party claims allow families to pursue full damages against:
Third-party wrongful death claims can recover far more than workers’ compensation alone.
Dangerous or defectively designed products kill people when manufacturers prioritize profits over safety.
Common defective product wrongful deaths:
Vehicles:
Medical Devices:
Dangerous Drugs:
Consumer Products:
Liability: Manufacturers, distributors, and retailers can all be held liable under product liability law. These cases often involve class actions or multi-district litigation.
Property owners who fail to maintain safe conditions can be held liable for wrongful deaths.
Common premises liability wrongful deaths:
Slip-and-Fall:
Elderly victims often die from complications after falls (hip fractures, head injuries).
Swimming Pool Drownings:
Inadequate Security:
Building Collapses:
Liability: Property owners, landlords, businesses, and property management companies can be held liable.
Florida’s extensive coastline and waterways create unique wrongful death risks.
Common maritime wrongful deaths:
Liability: Maritime law (Jones Act, general maritime law) governs many boating and vessel deaths. These cases are complex and require specialized knowledge.
Boat operators, boat owners, charter companies, and cruise lines can all be held liable.
Florida consistently ranks as one of the most dangerous states for pedestrians and cyclists.
Common scenarios:
Liability: Drivers who strike and kill pedestrians or cyclists can be held liable. In some cases, government entities may share liability for poor road design or lack of pedestrian infrastructure.
When someone is murdered or killed in a violent crime, families may have wrongful death claims against third parties who failed to prevent the crime.
Common scenarios:
Inadequate Security:
Negligent Hiring:
Dram Shop Liability:
Liability: Property owners, employers, bars, and nightclubs can be held liable if they failed to provide reasonable security or ignored known risks.
Note: The criminal case against the attacker is separate from the wrongful death civil case. Even if the attacker is convicted and imprisoned, the wrongful death lawsuit can proceed against third parties.
Wrongful death damages compensate survivors and the estate for their losses. Florida law divides damages into two categories: survivors’ damages and estate damages.
Survivors (spouse, children, parents, dependent relatives) may recover:
Loss of Support and Services: The financial support and services the deceased provided during their lifetime. This includes:
Calculation: Economists and vocational experts calculate the present value of future lost support based on:
Loss of Companionship and Protection: The non-economic value of the deceased’s presence, guidance, and protection.
For spouses: Loss of love, affection, companionship, comfort, and sexual relations.
For children: Loss of parental companionship, instruction, guidance, and protection.
For parents (if deceased was a minor): Loss of the child’s companionship.
These damages are inherently subjective. Juries consider:
Mental Pain and Suffering: The emotional anguish, grief, and trauma experienced by survivors.
All survivors (spouse, children, parents in appropriate cases) can recover for mental pain and suffering.
Factors affecting mental pain and suffering damages:
The estate may recover:
Medical and Funeral Expenses:
These are actual out-of-pocket expenses paid by the estate or family.
Lost Earnings from Injury to Death: If the deceased survived for a period after the injury before dying, the estate can recover lost wages during that time.
Lost Prospective Net Accumulations: This is the most complex and often most valuable estate damage.
What it means: The money and assets the deceased would have accumulated over their lifetime had they lived.
Calculation:
Factors:
Example: A 35-year-old engineer earning $100,000/year with 30+ years of working life ahead would have accumulated significant wealth. Lost net accumulations could be worth $1 million or more.
An 80-year-old retiree with limited income and short life expectancy would have minimal lost accumulations.
Economic Damages: Calculated using:
Present Value: Future damages are discounted to present value. $100,000 earned 20 years from now is worth less than $100,000 today due to investment returns and inflation.
Economists use discount rates to calculate present value.
Non-Economic Damages: There’s no formula for loss of companionship or mental pain and suffering. These are subjective and decided by:
High income: The more the deceased earned, the higher the lost support and accumulations.
Young age: More years of lost earnings, support, and companionship.
Many dependents: More people suffering loss.
Strong relationship: Close marriages and parent-child bonds increase companionship damages.
Egregious negligence: Drunk driving, gross negligence, or intentional acts can increase jury awards.
Clear liability: Strong evidence of fault makes insurance companies more willing to settle.
Comparative fault: If the deceased was partly at fault, damages are reduced proportionally under Florida’s modified comparative negligence law (as amended by HB 837 in March 2023). However, if the deceased was more than 50% at fault, the family cannot recover any damages at all.
Low income: Limited earning capacity reduces economic damages.
Advanced age: Shorter life expectancy reduces future damages.
Pre-existing conditions: Health issues that would have shortened life anyway.
Weak evidence: Disputed liability makes cases harder to prove and reduces settlement value.
Surviving Spouse (with minor children): Typically receives the largest share of damages:
Minor Children: Recover for:
Adult Children (with no surviving spouse): Recover only for:
Adult children typically receive less than minor children or spouses.
Parents (if deceased was a minor or adult with no spouse/children): Recover for:
Survivors’ damages go directly to the individual survivors as specified by Florida law.
Estate damages are distributed according to:
The personal representative collects all damages, then distributes them according to law.
“Calculating wrongful death damages requires expertise in economics, medicine, and Florida law. Insurance companies will lowball families who don’t have experienced representation. We work with top experts to prove the full value of your loved one’s life.”
Understanding the wrongful death legal process helps families know what to expect.
Timeline: Immediately after death (or as soon as possible)
The first legal step is appointing a personal representative through Florida probate court.
If there’s a will: The will names a personal representative (executor). That person files a petition with probate court to be formally appointed.
If there’s no will: The court appoints a personal representative based on priority (spouse first, then heirs).
What’s needed:
Timeline: Appointing a personal representative can take weeks to months depending on court schedules and whether anyone contests the appointment.
CRITICAL: The two-year statute of limitations for wrongful death starts running from the date of death, not from when a personal representative is appointed. Don’t delay.
Timeline: Begins immediately, continues for weeks to months
A wrongful death lawyer investigates the circumstances of death to build the case.
Evidence gathering:
Expert consultation:
Determining liability: Who was at fault? What evidence proves it?
Calculating damages: Working with experts to project economic losses and assess non-economic damages.
Timeline: Weeks to months
Before filing a lawsuit, lawyers often attempt to negotiate a settlement with the at-fault party’s insurance company.
Demand letter: Outlining the facts, liability, damages, and demanding compensation.
Insurance company response: The insurer may:
Settlement negotiations: Back-and-forth negotiation to reach a fair settlement.
Why settle pre-suit?
When settlement fails: If the insurance company refuses to offer fair compensation, the next step is filing a lawsuit.
Timeline: Must be filed within 2 years of death
The personal representative files a wrongful death complaint in Florida court.
What’s in the complaint:
Where to file: Typically in the county where:
Service of process: The defendant must be formally served with the lawsuit.
Timeline: 6 months to 1+ years
Discovery is the process where both sides exchange information and evidence.
Tools of discovery:
Interrogatories: Written questions the other side must answer under oath.
Requests for production: Demands for documents (medical records, employment records, etc.).
Depositions: In-person questioning under oath. Lawyers depose:
Subpoenas: Court orders compelling production of documents or testimony.
Why discovery takes time: Both sides use discovery to:
Timeline: Often occurs 6-12 months into litigation
Most Florida courts require mediation before trial.
What is mediation? A neutral mediator helps both sides negotiate a settlement. Mediation is:
Mediation process:
Settlement rate: Over 90% of wrongful death cases settle before trial. Mediation is often where this happens.
Why settle?
Why go to trial?
Timeline: 1-2+ years from filing (if case doesn’t settle)
If settlement fails, the case goes to trial.
Jury selection: Both sides select a jury (typically 6-12 people).
Opening statements: Lawyers outline their case.
Plaintiff’s case: The personal representative’s lawyer presents:
Defendant’s case: The defense presents its evidence and witnesses.
Cross-examination: Each side questions the other’s witnesses.
Closing arguments: Lawyers summarize the case and ask the jury for a verdict.
Jury deliberation: The jury decides:
Verdict: The jury announces its decision.
Timeline: Trials typically last 3-10 days depending on complexity.
If the plaintiff wins: The court enters a judgment. The defendant’s insurance company must pay.
If the defendant wins: The plaintiff may appeal if there were legal errors.
Appeals timeline: Appeals can take 1-2+ years.
Once a settlement or verdict is reached and paid, the personal representative distributes proceeds according to Florida law:
Survivors’ damages go to the specific survivors entitled to them.
Estate damages are distributed according to the will or intestacy law.
Legal fees and costs: Contingency fee plus costs.
Timeline for resolution:
“Wrongful death cases are long and emotionally draining. Having a lawyer who handles the legal process while you focus on grieving and healing makes all the difference.”
If your loved one has died due to someone else’s negligence, here are the immediate steps to take.
Grief is overwhelming. Before anything else, take care of yourself and your family.
Reach out for support:
Immediate needs:
The death certificate is a critical legal document.
How to obtain:
Florida Department of Health handles vital records. Certified copies can be ordered at county health departments or online.
In some wrongful death cases, an autopsy provides critical evidence.
When autopsies are performed:
Why autopsies matter:
Private autopsies: If the medical examiner doesn’t perform an autopsy and you suspect negligence, you can pay for a private autopsy. Discuss this with a lawyer first.
Evidence can disappear quickly. Preserve what you can.
What to preserve:
Do not:
Depending on how death occurred, report to:
Car accidents:
Workplace deaths:
Nursing home deaths:
Medical malpractice:
Defective products:
The at-fault party’s insurance company will likely contact you. They may seem sympathetic and helpful. They’re not.
Do not:
Say this: “I’m not prepared to discuss this without my attorney. Please contact my lawyer.”
Then consult a wrongful death attorney before any further communication.
Employer: If the deceased was employed, notify their employer. Ask about:
Insurance companies:
Social Security Administration: If the deceased was receiving Social Security or if survivors are eligible for survivor benefits.
Banks and creditors: Notify banks, credit card companies, and lenders.
Utilities and services: Cancel or transfer accounts (phone, internet, subscriptions).
Consult a probate attorney to begin the process of:
This is time-sensitive because the wrongful death statute of limitations runs from the date of death.
Time is critical. Florida’s two-year statute of limitations means you can lose your right to file if you wait too long.
What a wrongful death lawyer does:
Consultation is free. Most wrongful death lawyers work on contingency—you don’t pay unless you win.
Don’t delay: Waiting too long can mean losing your case entirely.
Don’t talk to the other side: Anything you say can be used against you.
Don’t post on social media: Insurance companies monitor social media for evidence to use against you.
Don’t accept quick settlements: Initial offers are almost always far below true case value.
Don’t try to handle it alone: Wrongful death cases are legally complex. You need experienced representation.
“The days and weeks after losing a loved one are the hardest of your life. You shouldn’t have to navigate the legal system alone. Let us handle the legal fight while you focus on your family.”
Florida law strictly limits how long you have to file a wrongful death lawsuit.
Under Florida Statute 95.11, wrongful death lawsuits must be filed within two years of the date of death.
This deadline is firm. If you miss it, you lose your right to sue—permanently. No exceptions, no extensions (except in very rare circumstances).
Important distinction:
The wrongful death deadline is half as long.
When does the clock start?
The two-year clock begins on the date of death, not:
Example: John is injured in a car crash on January 1, 2024. He dies from his injuries on March 1, 2024.
The wrongful death statute of limitations runs from March 1, 2024 (date of death), not January 1 (date of accident).
The lawsuit must be filed by March 1, 2026 (two years from death).
Very few exceptions exist. Florida courts strictly enforce the deadline.
Possible exceptions:
Fraud or Concealment: If the defendant fraudulently concealed facts necessary to discover the wrongful death, the statute may be tolled (paused) until the fraud is discovered.
Example: A doctor alters medical records to hide malpractice. The statute may be tolled until the family discovers the altered records.
This exception is narrow and rarely applies.
Minor Children: If the only survivor is a minor child and no personal representative is appointed, the statute may be tolled until the child reaches age 18 or a personal representative is appointed.
This is extremely rare and should not be relied upon.
Why the deadline matters:
Don’t wait. If you think you might have a wrongful death claim, consult a lawyer immediately.
Certain situations create unique legal issues.
If the wrongful death damages include compensation for minor children (under 18), Florida law requires court approval of any settlement.
Why: Protects children from settlements that don’t adequately compensate them.
Process:
If approved: Funds are typically placed in a trust or structured settlement for the child until they reach age 18.
If rejected: Parties must renegotiate or proceed to trial.
Florida law allows wrongful death claims for unborn children in limited circumstances.
Under Florida Statute 768.19:
Medical malpractice exception: If medical malpractice causes the death of a viable fetus, parents may have a claim under Florida’s medical malpractice laws.
This is a complex and evolving area of law. Consult a lawyer if your case involves an unborn child.
Adult children (25+) can only recover wrongful death damages if:
What counts as dependency?
Proving dependency: Requires documentation:
Adult children who were financially independent generally cannot recover (unless there’s no surviving spouse and they can still prove mental pain and suffering).
If the deceased died without a will, Florida’s intestacy laws determine:
Florida’s priority for personal representative appointment:
Disputes: If family members fight over who should be personal representative, probate court resolves the dispute. This can delay the wrongful death case.
Solution: Consult a probate lawyer immediately to expedite the appointment process.
Under Florida’s modified comparative negligence law (Florida Statute 768.81, as amended by House Bill 837 in March 2023), if the deceased was 50% or less at fault for their own death, damages are reduced by their fault percentage but recovery is still possible. However, if the deceased was more than 50% at fault, the family cannot recover any damages.
Example 1 (recovery): John dies in a car crash. Evidence shows:
Damages calculation:
Example 2 (no recovery): If John had been 60% at fault, recovery would be $0 because Florida’s 50% bar applies.
Important: Insurance companies aggressively try to push the deceased’s fault percentage above 50% to bar recovery entirely. Strong legal representation is critical to minimize fault attribution and protect your family’s right to compensation.
Defense tactics: Insurance companies will try to maximize the deceased’s fault percentage to reduce their payout. Strong legal representation is critical to minimize this.
Many people confuse wrongful death claims with survival actions. They’re different.
Wrongful Death Claim:
Survival Action:
Both can be filed in the same lawsuit.
Example: Mary is injured in a crash and suffers for three days before dying.
Wrongful death claim: Her husband and children recover for loss of support, companionship, and mental pain/suffering.
Survival action: Her estate recovers for her pain and suffering during those three days, medical bills, and lost wages.
Key difference: Survival actions compensate for what the deceased experienced; wrongful death compensates for what the survivors lost.
What is the statute of limitations for wrongful death in Florida?
Florida law requires wrongful death lawsuits to be filed within two years of the date of death under Florida Statute 95.11. This deadline is strictly enforced. Missing it means losing your right to sue permanently. Very few exceptions exist, so it’s critical to consult a lawyer immediately after a wrongful death.
Can I file a wrongful death claim if my loved one was partially at fault?
It depends on the percentage of fault. Florida uses modified comparative negligence under Florida Statute 768.81 (as amended by HB 837 in March 2023). If your loved one was 50% or less at fault, you can still recover damages—they’ll just be reduced by their fault percentage. For example, if your loved one was 30% at fault and damages are $500,000, you recover $350,000. However, if your loved one was more than 50% at fault, the family cannot recover any damages. Insurance companies aggressively try to push fault percentages above 50% to bar recovery entirely, so strong legal representation is critical.
Who receives the compensation in a wrongful death case?
Damages are divided between survivors and the estate. Survivors (spouse, children, parents, dependent relatives) receive compensation for loss of support, companionship, and mental pain/suffering. The estate receives compensation for lost earnings, medical bills, and funeral expenses. The personal representative collects all damages and distributes them according to Florida law and the deceased’s will (if one exists).
What if the person responsible has no insurance?
You may still have options. Check whether the deceased had uninsured/underinsured motorist coverage on their own auto insurance—it may cover wrongful death. You can also sue the at-fault party personally, though collecting can be difficult if they lack assets. In some cases, other parties (employers, property owners, manufacturers) may share liability and have insurance or assets.
How long does a wrongful death case take in Florida?
Timeline varies significantly. Settlements can occur in 6 months to 2 years. Cases that go to trial typically take 1-3+ years. Appeals can add another 1-2 years. Factors affecting timeline include case complexity, disputed liability, court schedules, and willingness of parties to negotiate. Your lawyer can provide a more specific estimate based on your case.
Can I file a wrongful death claim for a suicide?
Generally no, unless a third party’s negligence contributed to the suicide. For example, if a psychiatrist negligently failed to prevent a foreseeable suicide, or if a jail failed to provide adequate suicide prevention measures for an inmate, a wrongful death claim may exist. These cases are complex and fact-specific. Consult a lawyer to evaluate your situation.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates survivors (spouse, children, parents) for their losses—loss of support, companionship, and mental pain/suffering. A survival action compensates the deceased’s estate for the deceased’s losses before death—pain and suffering, medical bills, and lost wages from injury to death. Both can be filed in the same lawsuit, but they serve different purposes and have different damages.
Do I need a lawyer for a wrongful death case in Florida?
While not legally required, hiring a lawyer is strongly recommended. Wrongful death cases are legally complex, involving probate, statute of limitations issues, damage calculations, expert witnesses, and aggressive insurance company tactics. Families without lawyers typically recover far less than those with experienced representation. Most wrongful death lawyers work on contingency—you pay nothing unless you win.
Can adult children recover in a Florida wrongful death case?
It depends. Minor children (under 25) can recover for loss of parental companionship and mental pain/suffering. Adult children (25+) can only recover if there’s no surviving spouse and they can prove they were partly or wholly dependent on the deceased for financial support or services. Adult children who were financially independent generally cannot recover unless they’re the only survivors.
What if my loved one died in a nursing home from neglect?
Nursing home wrongful death cases are common in Florida. If neglect (falls, dehydration, bedsores, medication errors) caused death, you can file a wrongful death claim against the nursing home. These cases require proof of understaffing, inadequate care, or violations of Florida nursing home regulations. Medical records, facility records, and expert testimony are critical. Florida has specific laws governing nursing home negligence.
How are wrongful death settlements divided among multiple survivors?
Survivors’ damages (loss of support, companionship, mental pain/suffering) are distributed according to Florida Statute 768.21 based on each survivor’s relationship to the deceased and their losses. The personal representative and the court ensure proper distribution. Estate damages (lost earnings, medical/funeral expenses) are distributed according to the deceased’s will or Florida intestacy law. The process can be complex when multiple survivors exist.
Do wrongful death settlements get taxed in Florida?
Generally no. Under IRS rules, wrongful death compensation for personal injuries or death is not taxable income. However, punitive damages (if awarded) and interest on settlements may be taxable. Consult a tax professional for specific advice, as tax rules can be complex and fact-specific.
What if the wrongful death occurred outside Florida but we live in Florida?
Jurisdiction and choice-of-law issues arise. Generally, you file in the state where the death occurred, and that state’s laws apply. However, Florida courts may have jurisdiction in some cases. If your loved one died in another state, consult a lawyer who practices in both Florida and the state where death occurred, or who can coordinate with lawyers in that state.
Can I sue a government entity for wrongful death in Florida?
Yes, but special rules apply. Florida’s sovereign immunity law limits lawsuits against government entities (cities, counties, state agencies). Damage caps apply ($200,000 per person, $300,000 per incident unless the legislature approves a claims bill for more). Notice requirements and shorter deadlines may apply. These cases are complex and require lawyers experienced in suing government entities.
What if my loved one’s death was caused by a drunk driver?
You can sue the drunk driver for wrongful death. Additionally, Florida’s dram shop law allows claims against bars or restaurants that served alcohol to a visibly intoxicated person or a minor who then caused death. Criminal charges against the drunk driver are separate from your civil wrongful death case. The driver can be convicted and imprisoned while you pursue the wrongful death claim.
How much does a wrongful death lawyer cost in Florida?
Most wrongful death lawyers work on contingency—you pay nothing upfront. You only pay if you win. If you lose, you owe nothing. This allows families to get top-tier legal representation regardless of their financial situation.
What if there’s no will and family members disagree about who should be personal representative?
The probate court will resolve the dispute based on Florida’s priority order (spouse first, then heirs). Family members can object to proposed personal representatives, and the court will hold hearings to decide. This can delay the wrongful death case, so it’s important to resolve probate issues quickly. A probate lawyer can help navigate family disputes.
Can I file a wrongful death claim if my loved one died from COVID-19 in a nursing home?
Potentially, but Florida law created special protections for healthcare facilities during COVID-19. You must prove gross negligence or intentional misconduct—a higher standard than ordinary negligence. These cases are complex and fact-specific. If the nursing home failed to follow CDC guidelines, ignored outbreaks, or provided grossly inadequate care, you may have a claim. Consult a lawyer experienced in COVID-19 nursing home cases.
Losing a loved one to someone else’s negligence is devastating. You’re grieving, overwhelmed, and facing an uncertain future. The legal system is the last thing you want to deal with—but it’s necessary to protect your family’s rights and financial security.
At Madalon Injury Law, we handle wrongful death cases throughout Florida. We understand the legal complexities, the emotional weight, and what it takes to hold negligent parties accountable.
We Handle Every Type of Wrongful Death Case
We’ve represented families who lost loved ones due to:
We Understand Florida’s Wrongful Death Act
Florida’s wrongful death laws are complex:
We know these laws inside and out. We’ve guided countless families through the process.
We Work with Top Experts
Wrongful death cases require expert testimony:
We have relationships with the best experts in their fields. Their testimony makes the difference between winning and losing.
We Fight Insurance Companies
Insurance companies don’t care about your grief. They care about minimizing payouts.
Common tactics they use:
We see through these tactics. We’ve fought insurance companies for years, and we know how to maximize recovery.
We Handle Probate Coordination
Wrongful death cases require appointing a personal representative through probate court. We coordinate with probate lawyers (or handle probate ourselves if needed) to ensure:
We Work on Contingency
You don’t pay anything upfront. No retainer fees. No hourly charges.
We only get paid if we win. Our fee is a percentage of the settlement or verdict (typically 33-40% plus costs).
If we don’t recover compensation for you, you owe us nothing.
This allows families to get top-tier legal representation regardless of their financial situation.
We Treat Your Family with Compassion
Wrongful death cases are different from other legal matters. You’re not just a client—you’re a grieving family.
We treat you with the respect, compassion, and care you deserve:
We’re Prepared to Go to Trial
Most wrongful death cases settle before trial. But when insurance companies refuse fair compensation, we’re ready to take your case to a Florida jury.
We’ve successfully tried wrongful death cases in Florida courts. We know how to present complex evidence, work with expert witnesses, and tell your loved one’s story in a way that moves juries.
The Two-Year Deadline Is Real
Florida’s two-year statute of limitations for wrongful death is strict. If you wait too long, you lose your right to sue—permanently.
Don’t wait. Call us today.
Contact Wrongful Death Lawyers
If you’ve lost a loved one due to someone else’s negligence in Florida, you’re facing the hardest experience of your life. You shouldn’t have to navigate the legal system alone.
At Madalon Injury Law, we represent wrongful death families throughout Florida. We understand Florida’s Wrongful Death Act, the two-year deadline, and how to build cases that honor your loved one’s memory while securing the compensation your family deserves.
Call us today for a FREE consultation.
No fees unless we win.
Contact the Florida Wrongful Death Lawyers at Madalon Injury Law.
Most accidents can be fatal. This includes:
Madalon Injury Law has an excellent team of experienced trial attorneys. We offer free consultations to discuss your wrongful death tragedy. An attorney can meet with you at our office or your home or hospital to help you determine if you may be entitled to compensation for your injuries. For your free case evaluation with a lawyer, contact our firm today. In your consultation, an attorney will review the details of the accident and determine if you may be entitled to compensation. Madalon Injury Law handles all wrongful death claims on a contingency fee basis. There are no upfront fees to begin your case, and if we are unable to recover compensation on your behalf, you will not owe us for our costs or fees.
The Florida wrongful death lawyers at Madalon Injury Law are based out of Broward County but have convenient locations in Miami-Dade County, Palm Beach County, and throughout the State of Florida.
Our wrongful death lawyers are here to help you with these complicated cases. Allow our family to take care of yours.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
