South Florida family consulting a wrongful-death attorney with their loved one's photograph and candle on the table

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
4.9Google
Google Rating
Scroll

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.

  1. 01

    Take time for your family first

    Nothing about a legal claim is more important than caring for your family. The Florida statute gives you two years — there is room to grieve before any decisions are made.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

Schedule A Confidential Call

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.

01

A lawyer who knows the Florida Wrongful Death Act

Florida Statutes §§ 768.16-768.26 are technical, and the right to recover depends on who survived, in what relationship, and on which damages. We translate the statute into a working claim built around your family.

02

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 — or appoint the representative ourselves where needed.

03

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.

04

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 eligible survivor under Fla. Stat. § 768.21 has the right to recover for lost support and services, loss of companionship and protection, and the mental pain and suffering caused by the loss.

Estate damages

The estate itself can recover the decedent's lost earnings from the date of injury through death, lost net accumulations, and medical and funeral expenses paid by the estate.

Punitive damages

In cases of gross negligence or intentional misconduct — drunk driving, falsified safety records, willful disregard for life — Florida law allows additional damages designed to punish the wrongdoer.

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 or appoint the personal representative required to bring the claim.

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 call

How 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 Statutes §§ 768.16-768.26 set the framework — experienced counsel makes it work for your family.

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.

01

Surviving Spouse

Loss of support, companionship, protection, and mental pain and suffering. The most expansive category under the statute.

02

Minor & Adult Children

Minor children recover lost parental companionship and mental pain. Adult children may recover when there is no surviving spouse.

03

Surviving Parents

Parents of a minor child — and, when there is no surviving spouse or children, parents of an adult child — may recover for mental pain and suffering.

Case Types

We handle the full range of wrongful death cases across South Florida, each with its own procedure and proof.

01

Catastrophic Crash Fatalities

High-speed and commercial-vehicle fatalities. Reconstruction, hours-of-service review, and toxicology often anchor the case.

02

Medical Malpractice Death

Strict presuit notice and expert affidavit requirements. We coordinate with med-mal counsel for these specialized claims.

03

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.

Speak With An Attorney

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 sees more of these than any state — and many trigger 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 consistently ranks among the most dangerous places for non-motorists in the country.

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 bills from the final illness or injury
  • Funeral and burial expenses
  • Lost earnings from injury to death
  • Loss of net accumulations (estate)

Survivors' damages.

Personal losses each eligible survivor may recover under § 768.21.

  • Lost financial support to surviving family
  • Loss of companionship, protection, services
  • Mental pain and suffering of survivors
  • Punitive damages in cases of gross negligence

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 protects surviving families.

Confidential Consultation

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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 consultation
Insurance 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, the statute of limitations for a wrongful death claim is two years from the date of death under Fla. Stat. § 95.11(4)(d).

Medical malpractice deaths add a separate presuit notice and expert affidavit requirement. Claims against governmental defendants require a six-month presuit notice under § 768.28. 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
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. Trusted by the courts.

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 Expertise

    Deep familiarity with §§ 768.16-768.26 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 Statute § 768.21 sets out the eligible survivor categories — spouse, children, and parents — and what each can recover. Damages include lost support, services, companionship, and mental pain and suffering. The estate itself can also recover medical expenses, funeral costs, lost earnings, and lost net accumulations.

The statute of limitations is two years from the date of death under Fla. Stat. § 95.11(4)(d). Cases against government entities require a six-month presuit notice. Medical malpractice deaths add their own presuit procedure. Acting early protects every option.

Florida uses a modified comparative-fault rule. Recovery is reduced by the decedent's percentage of fault, and barred only if fault was more than 50%. 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.

Contact Us

Let's discuss
your case.

A brief conversation is often enough to understand whether you have a claim and what it may be worth. There is no charge for that conversation, and nothing you share is ever shared outside our firm.

01Free consultationNo cost, no obligation.
02No fee unless we recover compensationContingency-based representation.
03Available 24 / 7Including evenings and weekends.
04Available throughout FloridaStatewide representation, wherever you are.
Or speak with us directly
(305) 465-8733
— Request a consultation

A single conversation
can change everything.

Call us, or tell us about your case online. There is no fee for the consultation, and no obligation to continue. Everything you share is protected by attorney-client privilege.

No Fee Unless We Recover CompensationAvailable 24 / 7100% Confidential
Call NowFree Consultation