What Is the Legal Definition of Wrongful Death in Florida?
Losing a loved one is catastrophic. When that loss is caused by another party’s negligence, recklessness, or intentional misconduct, the emotional shock is compounded by intense financial stress and unanswered questions.
Understanding the legal definition of wrongful death in Florida is the first step toward securing justice and financial stability for your family. At Reinfeld Cabrera Tison, our wrongful death attorneys serve families across Coral Springs, Fort Lauderdale, and Broward County, holding negligent parties accountable.
Key Rules of Florida Wrongful Death Law
- Florida Legal Definition: Under Florida Statute § 768.19, a death is considered wrongful when caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another.
- Who Files: Unlike other states, Florida requires a court-appointed Personal Representative to file the lawsuit on behalf of the deceased person’s estate and surviving family members.
- Strict 2-Year Deadline: Florida law enforces a two-year statute of limitations for wrongful death claims—starting on the date of death.
What Qualifies as Wrongful Death Under Florida Law?
Simply put, if the deceased person (the decedent) would have had the right to file a personal injury lawsuit had they survived the accident, the situation qualifies as a wrongful death claim.
Common causes of wrongful death claims in South Florida include:
- Severe Motor Vehicle Accidents: Fatal car, commercial truck, motorcycle, or pedestrian collisions on South Florida roadways like I-95, I-75, or University Drive.
- Medical Malpractice: Fatal surgical errors, misdiagnoses, medication mistakes, or emergency room negligence.
- Premises Liability & Inadequate Security: Fatal slip-and-falls or fatal violent crimes resulting from unsafe commercial property conditions.
- Defective Products: Fatal injuries caused by dangerous automobile parts, pharmaceuticals, or consumer electronics.
Who Can Recover Damages in a Florida Wrongful Death Claim?
Florida law specifically defines who is considered a “survivor” entitled to financial recovery under Florida Statute § 768.21:
- Spouses: Entitled to compensation for loss of companionship, protection, and emotional pain and suffering.
- Minor Children (Under 25): Entitled to damages for lost parental instruction, guidance, and emotional suffering.
- Parents: May recover for pain and suffering if a minor child passes away, or if an adult child passes away with no other surviving dependents.
- Dependent Relatives: Any blood relative or adoptive sibling who relied on the deceased for support or services.
What Damages Can Families Recover?
A Florida wrongful death lawsuit seeks financial compensation for both the estate and the surviving family members, including:
- Lost Financial Support & Services: Current and future income the deceased would have provided.
- Medical & Funeral Expenses: Funeral costs and hospital bills paid directly by the family or estate.
- Loss of Companionship & Guidance: Non-economic recovery for emotional pain and suffering.
- Loss of Prospective Net Accumulations: Wealth the estate would have naturally accumulated over the decedent’s expected lifetime.
Why Choose Reinfeld Cabrera Tison for Your Family’s Claim
Proving wrongful death in South Florida requires meticulous investigation, medical expert testimony, and trial readiness. At Reinfeld Cabrera Tison:
- Direct Attorney Access: You work directly with your trial lawyer through every step of this painful process—not a case manager.
- Trial-Ready Strategy: We prepare every case as if it is heading to a jury, forcing insurance carriers to take your family’s loss seriously.
- Zero Financial Risk: We operate strictly on a contingency fee basis. You pay no legal fees or court costs unless we recover money for your family.
Speak with a South Florida Wrongful Death Attorney Today
If you lost a family member due to someone else’s negligence in Coral Springs or Fort Lauderdale, do not navigate this complex legal battle alone. Contact Reinfeld Cabrera Tison today for a compassionate, confidential consultation.
- Firm: Reinfeld Cabrera Tison — Personal Injury & Wrongful Death Attorneys
- Offices: Coral Springs & Fort Lauderdale, FL (Serving Broward County)
- Phone: (954) 866-4878 | (954) 371-0499
- Consultation: Free, Confidential, 24/7 Evaluation
