A lawyer who knows the Florida Wrongful Death Act
The right to recover can depend on who survived, their relationship to the decedent, and the damages available under the law. We translate the statute into a working claim built around your family.
Wrongful death attorneys
standing with your family.
When negligence takes someone you love, Florida law gives your family the right to hold the responsible party accountable. We guide families through the Florida Wrongful Death Act with care, respect, and resolve.
Millions+
Recovered for Clients
5,000+
Individuals Helped
4.9
Google Rating
Compassionate counsel. Resolute advocacy.
For grieving families.
What sets a wrongful death case apart — the Florida statute, the survivors’ rights, and the dignity every family deserves.
01
20+
Years of experience
02
$Millions+
Recovered
03
No Fee Unless We Recover
Promise
What to do after
losing a loved one to negligence.
There is no rush to make legal decisions in the first days. What matters is preserving the right records, talking to no one from the other side, and reaching out to counsel when your family is ready — not before.
- 01
Take time for your family first
It’s okay to focus on your family while you consider the legal next steps. Grief takes time, and there is no need to make every decision at once. Florida generally gives two years to bring a wrongful death action, but the applicable deadline and presuit requirements can vary depending on the claim and defendant.
- 02
Preserve every record you can
Keep all medical records, police reports, autopsy findings, insurance correspondence, and any communication from the at-fault party. We’ll obtain the rest through formal channels.
- 03
Designate a personal representative
Under Florida Statute § 768.20, a wrongful death claim is brought by the personal representative of the estate — not directly by family members. Probate counsel can help if no representative is yet appointed.
- 04
Do not give a statement to the other side
The at-fault party’s insurer may reach out quickly with sympathies and a recorded-statement request. Decline, gracefully but firmly. Route every conversation through your attorney.
- 05
Speak with a wrongful death lawyer
The initial consultation is free and entirely confidential. We’ll walk you through the statute, the survivors’ rights to recovery, and what to expect — without any pressure.
— When your family is ready
We’ll be here.
Why hire a wrongful death
attorney in South Florida.
Wrongful death is the most procedurally specific area of Florida personal injury law. Survivor categories, recoverable damages, and the probate connection all turn on the statute — and the statute rewards careful, experienced counsel.
Probate coordination handled
Wrongful death claims must be brought by the personal representative of the estate. We coordinate with probate counsel so the case proceeds without delay and, where needed, help the family seek appointment of a personal representative.
Every responsible party named
A negligent driver. A negligent employer. A negligent property owner. A defective product manufacturer. We identify each defendant and the insurance behind them so no recovery is missed.
Trial-ready leverage
Insurers settle fastest with firms that file suit and try wrongful-death cases. Decades of South Florida courtroom work translate directly into the leverage a grieving family needs.
What damages are available
in a wrongful death claim?
Florida’s Wrongful Death Act recognizes both the loss survivors feel and the financial harm to the estate. A complete claim accounts for every category the statute permits — because once the case is closed, it’s closed for good.
Survivors’ damages
Each survivor may recover lost support and services. Additional damages, including companionship, protection, and mental pain and suffering, depend on the survivor’s relationship to the decedent.
Estate damages
The estate may recover certain specified losses, including certain lost earnings, net accumulations when statutory conditions are met, and medical or funeral expenses chargeable to the estate.
Punitive damages
In cases involving intentional misconduct or gross negligence, punitive damages may be available if Florida’s statutory requirements are met.
How we help your
family seek justice.
Wrongful death cases demand procedural precision and personal care. Our four-stage process is designed for both — the statute and the family.
01
Family Consultation & Probate Setup
No rush, no pressure
We start with a confidential conversation — understanding what happened, who the survivors are, and what your family needs. We coordinate with probate counsel to confirm the personal representative or help the family seek appointment of one where needed.
02
Liability & Evidence Investigation
Building the case for the family
We gather police and accident reports, medical and autopsy records, employment and wage history, and the expert opinions needed to prove negligence and quantify the loss to the family and the estate.
03
Full Damages Documentation
Honoring the life that was lost
Each survivor’s relationship is documented with the care it deserves. Economic loss, services, companionship, mental pain and suffering — every category recognized by § 768.21 is built into the demand.
04
Trial-Ready Litigation
When the carrier doesn’t honor the loss
Wrongful death insurers settle hardest with firms that file suit and try cases. When the offer doesn’t reflect what was taken from your family, we proceed — and our record translates into measurably better outcomes.
We move at the pace your family needs.
Start with a free, private callHow wrongful death
cases arise in Florida.
Florida’s Wrongful Death Act covers any death caused by the wrongful act, negligence, default, or breach of contract of another. The cause of the death dictates the defendants, the procedure, and the available recovery.
01 — Cause
Motor Vehicle Crashes
Car, truck, motorcycle, and rideshare fatalities — including impaired drivers and commercial-carrier negligence.
02 — Cause
Medical Negligence
Failure to diagnose, surgical error, medication mistakes. Florida medical malpractice procedure adds notice and presuit steps.
03 — Cause
Workplace & Construction Deaths
Third-party negligence cases that open recovery beyond Florida workers’ compensation.
04 — Cause
Defective Products
Faulty vehicles, dangerous medications, and unsafe consumer products. Product-liability claims often layer over the primary case.
Florida’s Wrongful Death Act sets the framework, and experienced counsel can help apply it to your family’s circumstances.
Survivors and
case types we handle.
Florida defines who can recover and what they can recover. We walk every family through both, in plain English, before any decisions are made.
Eligible Survivors
Florida Statute § 768.21 limits recovery to specific survivor categories. Each category has its own recoverable damages.
Surviving Spouse
Loss of support, companionship, protection, and mental pain and suffering. The most expansive category under the statute.
Minor & Adult Children
Minor children recover lost parental companionship and mental pain. Adult children may recover when there is no surviving spouse, subject to certain qualifications and limitations under the law.
Surviving Parents
Parents of a deceased child may be entitled to recover for mental pain and suffering under Florida’s Wrongful Death Act, depending on the child’s age, other surviving family members, and the circumstances of the claim.
Case Types
We handle the full range of wrongful death cases across South Florida, each with its own procedure and proof.
Catastrophic Crash Fatalities
High-speed and commercial-vehicle fatalities. Reconstruction, hours-of-service review, and toxicology often anchor the case.
Medical Malpractice Death
Specialized presuit notice and corroborating medical-expert-opinion requirements. We coordinate with med-mal counsel for these specialized claims.
Premises & Product Cases
Falls, pool drownings, defective products. Each opens its own line of liability and its own set of defendants.
— When your family is ready
We’ll walk you through every option.
Common circumstances
behind wrongful death claims.
We handle wrongful death cases across the most common Florida fact patterns — each with its own evidence, defendants, and recovery sources.
01 — Case Type
Catastrophic Trauma
Fatal head, spinal, and crush injuries from high-impact crashes — often involving commercial vehicles or impaired drivers.
02 — Case Type
Drowning & Asphyxia
Pool, boating, and swimming-related deaths. Florida records hundreds of unintentional drowning deaths each year, and some wrongful-death cases may involve premises liability.
03 — Case Type
Surgical & Medication Errors
Operative complications, anesthesia errors, and pharmacy mistakes causing fatal outcomes — classic medical malpractice deaths.
04 — Case Type
Pedestrian & Bicycle Fatalities
Crosswalk and roadway deaths. South Florida has repeatedly faced significant pedestrian and bicyclist safety risks.
05 — Case Type
Workplace & Construction
Falls from height, equipment failures, electrocutions. Third-party negligence often opens recovery beyond workers’ comp.
06 — Case Type
Defective Product Deaths
Vehicle defects, dangerous pharmaceuticals, and unsafe consumer products that caused or contributed to the death.
What compensation
can your family recover?
Florida law recognizes both the financial harm to the estate and the personal loss to surviving family members. A complete claim captures both — because once the case is closed, it’s closed for good.
Estate damages.
Financial losses recoverable through the personal representative on behalf of the estate.
- Medical and funeral expenses chargeable to the estate
- Certain lost earnings from injury to death
- Net accumulations, when the statutory conditions are met
Survivors’ damages.
Personal losses each eligible survivor may recover under § 768.21.
- Lost support and services
- Companionship, protection, and mental pain and suffering, depending on the survivor’s relationship
- Punitive damages as a separate potential remedy in cases meeting Florida’s punitive-damages standard
We’ll walk you through every category in your free consultation.
Speak with a lawyer about recovery— Florida Statutes §§ 768.16-768.26
The Wrongful Death Act provides the framework for claims brought on behalf of eligible survivors and the estate.
Five reasons
families choose OneCallLegal.
Wrongful death cases demand a firm with the right balance of statutory precision and personal care. That’s what we’ve built across South Florida courtrooms.
- 01
Compassion through every conversation
Wrongful death is the most personal area of personal-injury law. We listen first, advise second, and never push a family to decide before they’re ready.
- 02
Florida Wrongful Death Act expertise
Sections 768.16-768.26 set the framework. We’ve built our practice around it — survivor categories, recoverable damages, and probate coordination all handled in-house or through trusted co-counsel.
- 03
Resources to take on any defendant
Trucking carriers, hospitals, manufacturers, government entities, and large insurers all demand resources to fight. We invest in experts, reconstruction, and litigation budget so your family doesn’t have to.
- 04
Trial-ready leverage
Insurers settle hardest when there’s a willingness to try the case. Decades of South Florida trial work translate directly into the leverage families need.
- 05
No fee unless we recover compensation
We work on a contingency fee. You pay nothing up-front, and our fee is a percentage of what we recover — if we don’t recover compensation, you owe no attorney’s fees.
We’ll walk your family through every option in confidence.
Request a confidential consultationInsurance Impact
How insurance can
impact a wrongful death claim.
Insurers approach wrongful death cases with sympathy on the outside and hard numbers on the inside. Quick settlements may be offered, but they rarely reflect everything Florida law permits surviving families to recover.
Strategic representation makes sure every survivor category is recognized, every estate damage is documented, and every insurance layer is tapped — before any release is signed.
Estate
& survivor claims
All
Policies mapped
No
Pressure
How long do you have
to file a claim?
In Florida, wrongful death actions are generally subject to a two-year statute of limitations under Fla. Stat. § 95.11, although exceptions and additional presuit requirements can apply depending on the claim and defendant.
Medical malpractice deaths add a separate presuit notice and expert affidavit requirement. Wrongful-death claims against governmental defendants have special written-presentment and presuit requirements under Fla. Stat. § 768.28, with a two-year presentment period for wrongful-death claims. We’ll handle the procedural steps; your family doesn’t need to.
2yr
Statute of limitations
Notice
For gov / med-mal
Sooner
The Better
David Stuart Seltzer
Managing Partner
Millions+ recovered for grieving families.
— A track record across South Florida courts
Why choose OneCallLegal
for your wrongful death lawyer.
— Built for families. Ready for court.
We approach wrongful death cases as the families we represent deserve — with care, with patience, and with the legal strength to hold the responsible party accountable.
- 01
Wrongful Death Act Experience
Deep familiarity with Florida’s wrongful-death framework and probate coordination.
- 02
Resources Against Any Defendant
Carriers, hospitals, manufacturers, government entities — we’ve handled them all.
- 03
No Fee Unless We Recover
You don’t pay attorney’s fees unless we recover compensation for your family.
- 04
Compassion First
We move at your family’s pace, never the other way around.
Speak with a wrongful
death lawyer today.
Has your family lost a loved one to someone else’s negligence in South Florida?
Contact our team when you’re ready. We’ll walk you through the Florida Wrongful Death Act in plain English, explain what each survivor can recover, and answer every question without obligation.
The consultation is free and fully confidential. We come to your home, the hospital, or wherever feels right. There is no pressure to decide anything in that first conversation.
Free
Consultation
Confidential
Conversation
24 / 7
Available
Frequently asked
questions.
Plain-English answers to the questions grieving families ask most often in their first call with us. If yours isn’t here, the consultation is free and confidential.
Our wrongful death cases are handled on a contingency fee basis. Your family pays nothing up-front, and we only collect a fee if we recover compensation. The initial consultation is free and fully confidential.
Under Fla. Stat. § 768.20, the claim is brought by the personal representative of the decedent’s estate on behalf of all eligible survivors. If no representative has been appointed, we coordinate with probate counsel to make sure one is in place.
Florida’s Wrongful Death Act defines eligible survivors, and Fla. Stat. § 768.21 specifies damages by category, including spouses, children, parents, and certain dependent relatives. Depending on the survivor category, damages can include lost support and services, companionship or protection, and mental pain and suffering. The estate may also recover specified medical and funeral expenses, certain lost earnings, and net accumulations when the statutory conditions are met.
Wrongful death actions are generally subject to a two-year statute of limitations under Fla. Stat. § 95.11, although exceptions and additional presuit requirements can apply depending on the claim and defendant. Cases against government entities have special written-presentment and presuit requirements under Fla. Stat. § 768.28, including a two-year presentment period for wrongful-death claims. Medical malpractice deaths add their own presuit procedure. Acting early protects every option.
Florida generally applies comparative fault to negligence claims. In many negligence cases, recovery is reduced by the decedent’s share of fault and is barred if the decedent was more than 50% at fault. We address comparative fault head-on with reconstruction and expert testimony where needed.
Whatever you have. We’ll obtain everything else through formal channels.
- Death certificate
- Police or accident report
- Medical and autopsy records
- Insurance correspondence
— Still have questions?
Speak directly with a wrongful-death attorney. Your consultation is free and confidential.
We also handle
these cases.
Many wrongful death cases involve the same negligence patterns we handle every day. The expertise carries across.
Car Accidents
Crashes involving passenger vehicles across South Florida.
Learn more
Truck Accidents
Commercial vehicle claims with federal regulations in play.
Learn more
Motorcycle Accidents
Defending riders against bias and aggressive insurers.
Learn more
Slip & Fall
Premises liability against negligent property owners.
Learn more