Florida Wrongful Death Lawyers

What is a Wrongful Death case in Florida?

Wrongful death happens when someone dies because of another person’s negligence or wrongful act. It can result from a car crash, medical mistake, or even a criminal act. In Florida, if the victim could have filed a personal injury claim had they lived, their family may now pursue a wrongful death lawsuit.

As outlined by Florida Statute 768.19, it states:

When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

At Gimenez & Carrillo, we help grieving families hold the responsible party accountable. Our personal injury lawyers will guide you through the legal process while fighting for justice and fair compensation.

What Qualifies as a Wrongful Death Case?

Under Florida law, wrongful death occurs when someone dies because of negligence, recklessness, or intentional wrongdoing. If the victim could have sued if they survived, their family or estate can file a wrongful death claim.

Common Examples of Wrongful Death Cases in Florida

• Car accidents caused by a reckless or drunk driver
• Medical malpractice, such as misdiagnosis or surgical errors
• Nursing home abuse or neglect
• Defective products like faulty equipment or medications
• Unsafe work environments leading to fatal injuries
• Criminal acts, including violence or assault
• Dangerous property conditions that cause fatal accidents

In order to move forward with a wrongful death case in Florida, the following criteria must be met:

• Someone has died
• Another’s negligent or wrongful action caused the death
• The family or estate suffered a loss as a result
• A personal representative files the claim on behalf of the estate and survivors

Who Can File a Wrongful Death Claim in Florida?

Under Florida Statute §768.21, those eligible to seek compensation include:

• The surviving spouse
• Minor children, or adult children if there is no surviving spouse
• Parents of a deceased minor or, in some cases, an adult child
• The personal representative of the estate
• Anyone who paid for medical or funeral expenses

Each claim is unique, and your right to compensation depends on your relationship to the deceased.

What are the Filing Deadlines & Important Time Limits

Under Florida law, timing is critical for filing a wrongful death claim. Here’s what you need to know:

General Wrongful Death Claims

You must file within two years of the date of your loved one’s passing, according to Florida Statute § 95.11(5)(e).

Medical Malpractice–Related Wrongful Death

These follow the standard two-year deadline, generally starting from the date of the injury or its discovery. However, in no event can such a claim be filed more than four years after the incident occurred.

Wrongful Death Due to Murder or Manslaughter

Florida law imposes no time limit for claims arising from murder or manslaughter—these cases can be filed at any time.

Claims Against Government Entities

If the responsible party is a government agency, you must first submit a written notice to the agency and the Florida Department of Financial Services within two years. The statute may be tolled (paused) during the agency’s review period.

Other Situations That May Affect Deadlines

• If the defendant is out-of-state or cannot be located, the deadline may be extended to accommodate service delays.
• If the defendant dies during the process, Florida law usually allows 90 days to substitute the proper party (e.g., the decedent’s personal representative).

Failing to file within these deadlines may permanently bar your right to seek justice. It’s always best to consult with an attorney promptly to protect your rights and preserve your claim.

What Types of Compensation Can You Recover?

Florida law allows both survivors and the estate to pursue financial and emotional damages, such as:

Loss of Financial Support and Services

• The value of income the deceased would have earned
• Household and childcare services provided by the deceased
• Future financial support that is now lost

Pain, Suffering, and Loss of Companionship

• Emotional pain for the surviving spouse
• Loss of parental guidance for children
• Emotional suffering for parents of a deceased minor

Medical and Funeral Expenses

• Reimbursement for medical bills and funeral costs paid by the family or the estate

Loss of Earnings and Savings for the Estate

• Lost wages between the injury and death
• Future savings that the deceased could have accumulated

Limitations to Be Aware Of

Florida places limits on some claims, especially in medical negligence cases:

• Adult children may not claim emotional damages for a parent’s wrongful death
• Parents of adult children may also be excluded from emotional damages
• Compensation recovered by the estate may be reduced to pay off outstanding debts

How Can a Lawyer Help With Your Wrongful Death Case?

Our wrongful death attorneys are committed to seeking justice for your loved one. We will:

• Handle every part of your case from start to finish
• Build a strong claim using records, reports, and expert testimony
• Support you emotionally and legally during this difficult time
• Help you pursue full compensation for all eligible damages
• Represent your interests in settlement talks or trial

Gimenez & Carrillo is ready to fight for you with experience, care, and determination.

How Gimenez & Carrillo Can Help

Wrongful death cases are emotional and complicated. Our personal injury lawyers take these cases seriously and will:

• Investigate the cause of death
• Gather the necessary evidence
• Identify all eligible beneficiaries
• Calculate full damages
• Negotiate or litigate for the best outcome

With over 20 years of experience, Gimenez & Carrillo will be with you through every step. We fight for justice and stand by your side when you need it most.

Speak With a Florida Wrongful Death Attorney Today

If you’ve lost a family member due to someone else’s actions, you deserve answers and accountability. Gimenez & Carrillo will protect your rights and pursue justice on your behalf. Contact us today for a free consultation.

Call Gimenez & Carrillo today at (305) 444-3000 or use our contact form to get started.