Florida Wrongful Death Lawyer - Compassionate Representation for Grieving Families
When negligence takes the life of someone you love, our experienced Florida wrongful death attorneys fight for justice and the compensation your family deserves. We handle every aspect of your case with compassion and determination.
Get a Free Case EvaluationLosing a loved one due to someone else's negligence is devastating. As experienced Florida wrongful death lawyers, Cardinal Law understands the emotional and financial hardship your family faces. Our compassionate wrongful death attorneys in Florida combine legal expertise with genuine care for grieving families.
We represent families across Florida in wrongful death cases involving car accidents, medical malpractice, workplace deaths, and other preventable tragedies. Our Florida wrongful death law firm has recovered millions in compensation for families who lost loved ones to negligence. Let us handle the legal battle while you focus on healing.
Wrongful Death in Florida
7,000+
Wrongful deaths annually in Florida due to preventable injuries
3,200+
Traffic fatalities per year in Florida
2 Years
Statute of limitations for wrongful death claims in Florida
$1M+
Average wrongful death settlement for severe negligence cases
Types of Wrongful Death Cases We Handle
Car & Motorcycle Accidents
Fatal crashes caused by negligent or reckless driving
Medical Malpractice
Surgical errors, misdiagnosis, medication mistakes
Workplace Accidents
Construction site deaths, industrial accidents
Premises Liability
Negligent security, dangerous property conditions
Defective Products
Dangerous consumer goods, vehicle defects
Nursing Home Abuse
Elder abuse and neglect resulting in death
Understanding Florida Wrongful Death Law
Florida Statute 768.19
Florida's Wrongful Death Act (Florida Statute 768.19-768.26) governs these cases. The law allows survivors to recover both economic and non-economic damages when a death is caused by a wrongful act, negligence, default, or breach of contract.
Key requirements: The personal representative must file the lawsuit on behalf of survivors. Damages are distributed according to Florida law and the specific relationship to the deceased.
Who Can Recover Damages
- • Surviving spouse: Loss of companionship, support, and services
- • Minor children: Lost parental support, services, and guidance
- • Adult children: If no surviving spouse, loss of companionship
- • Parents of minors: Mental pain, suffering, and medical/funeral expenses
- • Blood relatives/adoptive siblings: If partly or wholly dependent on deceased
Damages You Can Recover in Florida Wrongful Death Cases
Estate Damages
- • Lost earnings and benefits: Income deceased would have earned over their lifetime
- • Medical expenses: Final medical bills related to fatal injury
- • Funeral and burial costs: Reasonable expenses up to $10,000
- • Lost net accumulations: Savings and assets deceased would have accumulated
- • Pain and suffering: Conscious pain endured by deceased before death
Survivor Damages
- • Loss of companionship: Loss of love, affection, and emotional support
- • Loss of support and services: Financial support and household services
- • Loss of parental guidance: For minor children who lost a parent
- • Mental pain and suffering: Grief and emotional distress of survivors
- • Punitive damages: In cases of gross negligence or intentional harm
Important: Florida law divides damages among specific survivors based on their relationship to the deceased. Our experienced wrongful death attorney Florida team ensures each family member receives their full entitled compensation.
The Wrongful Death Claim Process in Florida
Free Consultation
Meet with our Florida wrongful death lawyers to discuss your case. We review the circumstances, explain your legal rights, and outline potential compensation. This consultation is completely free and confidential.
Investigation & Evidence Gathering
We conduct a thorough investigation including accident reports, medical records, witness statements, expert consultations, and surveillance footage. We work with accident reconstructionists, medical experts, and economists to build your strongest case.
Estate Representative Appointment
If no estate has been opened, we assist in petitioning the court to appoint a personal representative. Under Florida law, only the personal representative can file the wrongful death lawsuit.
Filing the Lawsuit
We file the wrongful death complaint in the appropriate Florida court, typically in the county where the death occurred or where the defendant resides. The complaint details the negligence and damages suffered by the estate and survivors.
Discovery & Negotiations
During discovery, both sides exchange evidence through depositions, interrogatories, and document requests. We simultaneously negotiate with insurance companies and defendants, seeking maximum settlement for your family.
Settlement or Trial
Most wrongful death cases settle before trial. However, if insurance companies won't offer fair compensation, we're prepared to present your case to a Florida jury. We fight tirelessly for the justice and compensation your family deserves.
Why Choose Cardinal Law for Your Wrongful Death Case
- ✓ Compassionate representation - We understand your grief and handle cases with sensitivity
- ✓ Florida wrongful death expertise - Deep knowledge of Florida Statute 768.19-768.26
- ✓ No upfront costs - Contingency fees mean you pay nothing unless we win
- ✓ Proven track record - Millions recovered for Florida families
- ✓ Comprehensive investigation - We work with top experts to prove negligence
- ✓ Statewide representation - Serving all 67 Florida counties
- ✓ Trial-ready attorneys - Prepared to go to court if necessary
- ✓ Maximize all damages - We pursue every available recovery for your family
After losing my husband in a workplace accident, Cardinal Law's wrongful death attorneys handled everything with such compassion. They fought hard and secured compensation that helps support our children's future. I'm forever grateful.
— Maria S., Tampa
★★★★★ 5-Star Review
Florida Wrongful Death FAQ
What is a wrongful death claim in Florida?
A wrongful death claim in Florida is a legal action brought when someone's death was caused by the negligence, wrongful act, or default of another person or entity. Florida Statute 768.19 allows certain family members to recover damages for their loss.
Who can file a wrongful death lawsuit in Florida?
Under Florida law, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. However, the lawsuit is filed on behalf of survivors including the deceased's spouse, children, parents, and in some cases, other blood relatives and adopted siblings who were partly or wholly dependent on the deceased.
How long do I have to file a wrongful death claim in Florida?
Florida has a 2-year statute of limitations for wrongful death claims, starting from the date of death. However, there are exceptions in cases involving medical malpractice (with notice requirements) or government entities. It's crucial to contact a Florida wrongful death lawyer immediately to preserve your rights.
What damages can be recovered in a Florida wrongful death case?
Damages in Florida wrongful death cases include: lost support and services, loss of companionship, medical and funeral expenses, lost wages and benefits, pain and suffering of the deceased before death, and in cases of gross negligence, punitive damages. Each survivor has specific damages they can claim under Florida law.
How much does a Florida wrongful death lawyer cost?
Cardinal Law's wrongful death attorneys work on a contingency fee basis - you pay nothing unless we win your case. Our fee is a percentage of the recovery (typically 33.33% before trial, 40% if trial is necessary). We advance all case costs including expert fees and court costs, so you have no out-of-pocket expenses.
What if the deceased was partially at fault for the accident?
Florida follows pure comparative negligence. Even if your loved one was partially at fault, you can still recover damages, but the amount is reduced by their percentage of fault. For example, if they were 20% at fault, the recovery would be reduced by 20%. Our Florida wrongful death lawyers work to minimize any comparative fault.
How long does a wrongful death case take in Florida?
Wrongful death cases in Florida typically take 12-36 months to resolve, depending on case complexity, insurance company cooperation, and whether trial is necessary. We move as quickly as possible while ensuring maximum compensation for your family. Many cases settle before trial, but we're always prepared to go to court.
Can I sue for wrongful death if my loved one died in a car accident caused by a drunk driver?
Yes. If a drunk driver caused your loved one's death, you can file a wrongful death claim against the driver. Additionally, Florida's dram shop laws may allow claims against bars or restaurants that served alcohol to a visibly intoxicated person. These cases may include punitive damages for particularly reckless conduct.
Serving Families Throughout Florida
Our wrongful death law firm Florida represents grieving families across the state:
Naples
Fort Myers
Tampa
Miami
Orlando
Jacksonville
Tallahassee
Fort Lauderdale
West Palm Beach
Sarasota
Wondering What Your Case May Be Worth?
Let's work on your case together
Through 13 years of experience and multi-millions recovered for our clients we offer the most premium legal services.
Visit Our Florida Offices
Cardinal Law has offices throughout Florida to serve you better. Our main office is in Naples, with additional locations by appointment.
Naples Office
Main Office9045 Strada Stell Court
Suite 305
Naples, FL 34109
Orlando Office
200 E Robinson Street
Suite 1120
Orlando, FL 32801
Tampa Office
401 East Jackson Street
Suite 2340
Tampa, FL 33602
Miami Office
848 Brickell Avenue
Suite PH5
Miami, FL 33131
Fort Myers Office
5237 Summerlin Commons Blvd
Suite 511
Fort Myers, FL 33907
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