Understanding Wrongful Death Claims

Categories: Personal Injury Law


If you lost a loved one in an accident in Florida, you are going through a time that no one deserves to have to go through. Fatal accidents leave spouses, children, parents, and other family members with an unimaginable void that, tragically, can never be refilled. Money is the best our legal system has to offer, and if someone else is to blame for your loved one’s fatal injuries, you may be entitled to seek financial compensation through a claim for wrongful death.

Who Can File a Wrongful Death Claim in Florida?

Under the Wrongful Death Act, any “survivors” are potentially eligible for financial compensation. Survivors include, “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive [siblings].” The Wrongful Death Act requires that the decedent’s personal representative (the person responsible for administering his or her estate) file a wrongful death claim on behalf of the survivors.

The personal representative may also seek certain damages on behalf of the decedent’s estate. These damages then get distributed according to either the decedent’s estate plan or the laws that apply when there is no estate plan in place.

Who Is Responsible for My Loved One’s Death?

This is a complicated question, and the answer depends on a number of different factors relating to the cause of the accident. For example, if your loved one was killed in an auto accident, a negligent driver, the manufacturer of one of the vehicles, and even the driver’s employer could all potentially be responsible—and these are just a few examples. Similarly, if your loved one died in a premises-related accident, the property owner, a tenant, and a construction company are just a few of the parties that could potentially be to blame.

What Compensation Is Available Through a Wrongful Death Claim?

In a wrongful death claim, the survivors can seek compensation for (i) the losses that their family member sustained prior to death, and (ii) their own losses arising out of the loss of their loved one. The types of compensation available through a wrongful death claim may include:

  • Your loved one’s medical bills
  • Your loved one’s pain and suffering
  • The income he or she would have continued to earn
  • Loss of services and support
  • Loss of companionship
  • Funeral and burial expenses
  • Other losses

How Long Do I Have to File a Wrongful Death Claim?

In most cases, wrongful death claims must be filed within two years of the date of death. However, there are several important reasons why you should speak with an attorney filing a claim as soon as possible. To learn more filing a wrongful death claim in Florida, we invite you to schedule a free consultation.

We Help You Demand More®

At Brian D. Guralnick, Injury Lawyers, we provide experienced legal representation for wrongful death claims throughout Florida. I have been helping accident victims and their loved ones in Palm Beach County since 1993, determined to secure for them the compensation they deserve for the suffering they have sustained due to no fault of their own.

If you believe the death of a loved one was caused by someone else’s negligence, please don’t hesitate to me and my team of board-certified civil trial attorneys to evaluate your specific situation. If your claim is viable, then we will go to work on aggressively pursuing the compensation you deserve, demanding you be reimbursed for any medical expenses, lost wages, and the pain and suffering you have endured. To get in touch, you can send a message online or call 561-202-6673 to speak with me personally.

The information in this blog is not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. If you need advice on specific legal issues, please consult with a licensed Personal Injury attorney.

Were you or a loved one injured in an accident?

The law offices of Brian D. Guralnick help Florida residents and tourists seek compensation and Demand More? for their injuries.