Wrongful Death Lawyer in Florida

Wrongful Death Lawyer in Florida for Grieving Families

A wrongful death lawyer in Florida can help surviving family members evaluate their legal options after a loved one’s death was caused by negligence, a wrongful act, defective products, medical malpractice, a motor vehicle accident, or another preventable event. No legal claim can undo the loss, but a wrongful death claim may give the family a structured path to seek compensation and accountability under Florida law.

When a person dies unexpectedly, family members may be left trying to process what happened, who may be responsible, and how to manage funeral costs, medical expenses, lost income, and emotional distress. These questions can feel especially heavy when an insurance company, business, healthcare provider, or responsible party begins asking for information before the family has time to process the loss.

At Pardy & Rodriguez, P.A., we help families across Florida with wrongful death cases involving fatal accidents, personal injury claims that become fatal, medical negligence, dangerous property conditions, defective products, and other serious events. We handle the legal process with care so your family can focus on each other.

Call us at 888-522-0222 or fill out our online form to schedule a free consultation with our team. We can listen to what happened, answer your questions, and explain whether a Florida wrongful death lawsuit may be available.

Key Takeaways

• A wrongful death claim may be available when someone’s death was caused by negligence, a wrongful act, medical malpractice, defective products, or another legally actionable cause.
• Under Florida law, the personal representative of the decedent’s estate files the wrongful death lawsuit for the benefit of eligible survivors and the estate.
• Surviving family members may include a spouse, children, parents, and certain dependent relatives, depending on the family structure and Florida law.
• Wrongful death damages may include funeral expenses, medical expenses before death, lost support, lost services, mental pain, loss of companionship, and other damages based on the facts.
• Florida generally gives families two (2) years from the person’s death to file a wrongful death lawsuit.

Wrongful Death Cases We Handle in Florida

Wrongful death cases can arise from many circumstances. Some involve a sudden motor vehicle accident. Others involve medical malpractice, unsafe property, defective products, or conduct that caused a person’s death over time.

Pardy & Rodriguez, P.A. handles wrongful death claims involving:

• Fatal Car Accidents: A wrongful death claim may arise after a negligent driver causes a fatal car accident, truck accident, motorcycle accident, pedestrian accident, bicycle accident, or rideshare crash.
• Medical Malpractice: A family may have a wrongful death claim when medical negligence, surgical mistakes, medication errors, or failure to diagnose causes or contributes to a death.
• Dangerous Property Conditions: Fatal falls, negligent security incidents, unsafe premises, poor lighting, or hazardous property conditions may support a wrongful death claim.
• Defective Products: Product liability cases may involve dangerous equipment, defective vehicles, unsafe consumer products, or other products that caused fatal injuries.
• Nursing Home Neglect: Elder care failures, falls, abuse, neglect, medication errors, or delayed medical care may lead to a wrongful death lawsuit.
• Fatal Pedestrian and Bicycle Accidents: Families may have claims when drivers fail to yield, speed, drive distracted, or ignore traffic laws.
• Fatal Truck or Commercial Vehicle Accidents: Large trucks and commercial vehicles can cause catastrophic harm when drivers or companies fail to use reasonable care.
• Intentional or Reckless Conduct: Some wrongful death cases involve criminal charges, but the civil claim remains separate from the criminal case.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil legal action brought after a person dies because of another party’s negligence, wrongful act, default, breach of contract, or breach of warranty. In plain terms, wrongful death occurs when the person who died would have had a personal injury claim if they had survived.

A wrongful death claim is not the same as a criminal case. A criminal case is brought by the state and focuses on punishment. A wrongful death lawsuit is a civil court action that focuses on the losses suffered by the decedent’s family and estate. A criminal case and a wrongful death claim can move forward separately, and one does not automatically control the other.

In Florida, wrongful death claims are filed by the personal representative of the deceased person’s estate. The claim is filed for the benefit of the estate and the surviving family members who may qualify under Florida law.

Who Files a Florida Wrongful Death Lawsuit?

Florida law requires the personal representative of the decedent’s estate to file the wrongful death lawsuit. The personal representative may already be named in the person’s will. If no personal representative has been appointed, the court may need to appoint one through the estate process.

The personal representative does not file only for themselves. They bring the claim for the benefit of the estate and all eligible survivors. This structure helps organize the legal claim, identify potential beneficiaries, and address damages that may belong to different people or to the decedent’s estate.

A wrongful death attorney can help the family determine whether a personal representative has already been appointed, whether an estate needs to be opened, and how the wrongful death claim may move forward.

Which Surviving Family Members May Be Included?

Florida law defines which surviving family members may benefit from a wrongful death claim. The answer depends on the family relationship, the decedent’s age, and the specific facts.

Survivors may include:

• The surviving spouse
• Children
• Parents
• Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased person for support or services

Different family members may have different damages available. For example, a surviving spouse may have a claim for loss of companionship and protection. Children may have claims involving lost parental companionship, instruction, and guidance. Parents may have claims in certain circumstances, including mental pain and suffering depending on the family structure and Florida law.

Because eligibility can be fact-specific, families should avoid assuming who may or may not be included before speaking with a lawyer.

What Damages May Be Available in a Wrongful Death Claim?

A wrongful death claim may allow eligible survivors and the estate to pursue compensation for damages supported by the facts and Florida law.

Damages are the legal categories of losses tied to the death. Economic damages involve financial losses, such as medical expenses before death, funeral and burial expenses, lost income, lost support, and loss of services. Non-economic damages involve personal losses, such as mental pain, emotional suffering, loss of companionship, lost parental companionship, and loss of guidance.

The damages available can depend on who survived the deceased person, how the death occurred, the decedent’s estate, the evidence, and the relationship between the decedent and surviving family members.

Wrongful Death Claims and Criminal Charges

A wrongful death claim can proceed even when a criminal case is also pending. The two cases serve different purposes and use different legal standards.

A criminal case is brought by the government. It may involve charges, prosecution, and potential penalties. A wrongful death lawsuit is brought in civil court by the personal representative for the benefit of the estate and eligible survivors. It focuses on compensation for losses tied to the person’s death.

A criminal conviction is not required to bring a wrongful death claim. A criminal acquittal also does not automatically prevent a civil wrongful death claim. Families can speak with a wrongful death lawyer to know how criminal charges may affect timing, evidence, and strategy in the civil case.

The Four Elements Often Involved in a Wrongful Death Claim

Wrongful death cases are civil claims rooted in tort law. In many negligence-based cases, the family must show the same basic elements involved in a personal injury case.

Those four elements often include:

• Duty: The responsible party owed the deceased person a legal duty of care.
• Breach: The responsible party failed to meet that duty through negligence, recklessness, or another wrongful act.
• Causation: The breach caused or contributed to the person’s death.
• Damages: The death caused losses to eligible survivors or the decedent’s estate.

For example, a driver may owe others a duty to follow traffic laws and drive with reasonable care. A property owner may owe visitors a duty to address dangerous conditions. A medical provider may owe a patient a duty to follow the applicable standard of care. The facts determine which duty applies and whether it was breached.

Liable Parties in Florida Wrongful Death Cases

Wrongful death cases may involve one responsible party or several liable parties. A thorough investigation can help identify each person, business, insurer, or entity that may have contributed to the death.

Potential liable parties may include:

• Negligent drivers
• Truck drivers or trucking companies
• Rideshare or delivery drivers
• Property owners
• Businesses
• Medical providers
• Hospitals
• Nursing homes
• Product manufacturers
• Maintenance companies
• Government entities
• Other parties whose conduct contributed to the death

Identifying liable parties matters because the family may need to pursue more than one insurance policy, business, or responsible party to address the full scope of damages.

What Evidence Helps a Wrongful Death Claim?

Wrongful death cases require careful documentation. Evidence can help show what happened, who may be responsible, and how the death affected the family and the estate.

Helpful evidence may include:

• Accident reports
• Police reports
• Medical records
• Medical bills
• Death certificate
• Autopsy report, when available
• Photos or videos of the incident scene
• Witness statements
• Surveillance footage
• Employment records
• Income records
• Tax records
• Funeral expenses
• Burial expenses
• Family dependency information
• Insurance documents
• Product records, when defective products are involved
• Facility records, when a nursing home or property is involved

Because evidence can disappear quickly, early legal representation may help protect documents, video footage, records, and witness information.

How the Wrongful Death Legal Process Works in Florida

The legal process after a loved one’s death should not add confusion to an already painful time. Pardy & Rodriguez, P.A. helps families recognize each stage and what may be needed.

Free Consultation

The first step is a confidential consultation. We listen to what happened, answer questions, and explain whether Florida law may support a wrongful death claim.

Personal Representative Review

We review whether a personal representative has already been named or whether one may need to be appointed through the decedent’s estate.

Investigation

We gather evidence, including medical records, accident reports, witness statements, photos, video footage, insurance records, and other documentation that may help prove what caused the death.

Survivor and Estate Damages Review

We review the losses that may belong to surviving family members and the decedent’s estate, including funeral expenses, medical expenses before death, lost income, loss of services, mental pain, and loss of companionship.

Insurance Communication and Settlement Discussions

We communicate with insurance companies, businesses, and responsible parties. Some wrongful death cases resolve through settlement discussions when the evidence supports a fair settlement.

Litigation When Needed

If the responsible party or insurance company does not offer a fair resolution, the case may proceed in civil court through personal injury litigation. Litigation may involve pleadings, discovery, depositions, mediation, and trial.

How Long Does a Family Have To File a Wrongful Death Claim in Florida?

Florida law generally gives families two (2) years from the date of death to file a wrongful death lawsuit. Waiting beyond this deadline can bar the family from bringing the claim.

Some cases may involve additional procedural rules. Claims involving government entities, medical malpractice, or certain institutions may require specific notices, investigation steps, or procedures. Because the deadline depends on the facts and the type of claim, it is wise to speak with a wrongful death attorney promptly after a loved one’s death.

How Pardy & Rodriguez, P.A. Helps Families After a Wrongful Death

Pardy & Rodriguez, P.A. helps grieving families across Florida clarify the wrongful death process with compassion and clear communication. We know that families may come to us while dealing with shock, grief, financial pressure, and unanswered questions.

Our legal team may help by:

• Listening to what happened and answering questions
• Reviewing whether Florida law may support a wrongful death claim
• Identifying the personal representative
• Reviewing the decedent’s estate issues tied to the claim
• Identifying potential beneficiaries and surviving family members
• Investigating the wrongful act, accident, or negligence that caused the death
• Gathering medical records, accident reports, witness statements, and insurance information
• Reviewing funeral expenses, medical bills, lost income, and other damages
• Communicating with insurance companies and responsible parties
• Preparing the claim for settlement discussions or civil court when needed

We handle wrongful death cases on a contingency fee basis. Attorney’s fees are collected from a financial recovery, based on the fee agreement. Case expenses, such as filing fees or court costs, are separate from attorney’s fees and can be explained during the initial consultation.

Schedule a Free Consultation With a Wrongful Death Lawyer in Florida

After a loved one’s death, your family may be facing grief, funeral expenses, medical bills, lost income, and difficult questions about what happened. You do not have to sort through the legal process alone.

Pardy & Rodriguez, P.A. can review the facts, explain whether a wrongful death claim may be available, and help your family determine the next steps under Florida law. Call us at 888-522-0222or fill out our online form to schedule a free consultation with our team.