There are no words that fully describe the pain of losing a loved one, especially when their death is sudden and caused by someone else’s actions. Along with the grief and shock, families are often left with questions about their financial future, their rights, and how to hold the responsible parties accountable. At Clark, Fountain, Littky-Rubin & Whitman, our team has dedicated decades to helping families in Florida navigate these complex and emotional cases. A Florida wrongful death lawyer from our firm can help you pursue the compensation and justice your family deserves after a tragic loss.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when a person’s death results from the negligence, recklessness, or intentional conduct of another. These claims are brought by the personal representative of the deceased’s estate, acting for the benefit of the surviving family members. Wrongful death lawsuits are separate from any criminal proceedings, and families can seek justice even if the responsible party is not convicted in criminal court.

Wrongful death claims in Florida are built on the legal theory of negligence. This means proving that the defendant owed a duty of care, breached that duty, and that breach directly caused the death, resulting in damages to the survivors.

Who Can Sue for Wrongful Death in Florida?

Not every family member is eligible to file a wrongful death lawsuit in Florida. State law requires that a court-appointed personal representative files the claim on behalf of the estate and all eligible “survivors.” Survivors may include:

• Spouses
• Children (including adopted children)
• Parents
• Dependent blood relatives
• Dependent adoptive siblings

Each survivor may have a right to compensation for losses that directly affect them. The personal representative ensures the interests of all eligible parties are protected throughout the legal process.

Types of Damages in a Florida Wrongful Death Claim

A successful wrongful death claim allows surviving family members to recover both economic and non-economic damages, such as:

• Medical and funeral expenses
• Loss of future income and benefits
• Loss of the deceased’s companionship, guidance, and protection
• Emotional pain and suffering experienced by survivors
• Loss of support and services the deceased would have provided

Each case is unique, and the specific damages available will depend on the relationship to the deceased and the circumstances of the loss.

Florida’s Statute of Limitations for Wrongful Death

Time is of the essence in wrongful death cases. Florida law requires that most wrongful death lawsuits be filed within two years of the date of death. If this deadline is missed, the right to compensation can be permanently lost. Some exceptions exist for certain types of cases, but it is critical to consult a qualified Florida wrongful death attorney as soon as possible to ensure all legal rights are preserved.

Proving Negligence in a Florida Wrongful Death Case

Wrongful death claims require proof of four essential elements:

1. Duty of Care: The defendant owed a legal duty to the deceased (for example, a driver must operate a vehicle safely; a property owner must keep premises safe).
2. Breach of Duty: The defendant failed to meet that duty through their actions or omissions.
3. Causation: The breach of duty directly caused the death.
4. Damages: The survivors suffered losses as a result.

Proving these elements often requires in-depth investigation, expert testimony, and skilled legal representation. Our firm works with accident reconstructionists, safety experts, and financial professionals to build the strongest case possible.

Common Causes of Wrongful Death in Florida

Wrongful death claims can arise from many different types of fatal accidents and incidents. At Clark, Fountain, Littky-Rubin & Whitman, our lawyers handle cases involving:

• Car Accidents: Including drunk driving, distracted driving, and reckless driving.
• Truck Accidents: Involving commercial vehicles and trucking companies.
• Defective Products: From dangerous vehicles to faulty consumer goods.
• Premises Liability: Including falls, inadequate security, and hazardous conditions.
• Workplace Accidents: Including construction site fatalities and third-party liability claims.
• Other Fatal Accidents: Such as drowning, fires, and nursing home neglect.

Each wrongful death case is different and demands a thorough investigation to identify all responsible parties and potential sources of compensation.

The Wrongful Death Process: What to Expect

The legal process for a death lawsuit in Florida can feel overwhelming. Our attorneys make it as straightforward as possible:

1. Free Consultation: We begin with a confidential review of your case and answer your questions.
   2. Investigation: Our team gathers evidence, consults experts, and determines all liable parties.
   3. Filing the Lawsuit: The personal representative files the claim on behalf of the estate and all survivors.
   4. Settlement Negotiations: Most wrongful death cases resolve through negotiation with insurance companies or responsible parties.
   5. Trial: If a fair settlement cannot be reached, our trial attorneys are prepared to advocate for you in court.
   6. Distribution of Compensation: Any settlement or verdict is distributed according to Florida law and the interests of all survivors.

Throughout the process, your attorney will keep you informed and ensure your family’s needs come first.

Our Experience, Results, and Recognition

Clark, Fountain, Littky-Rubin & Whitman has a reputation for handling high-stakes wrongful death cases throughout Florida. Our results include:

Significant Case Results

• $100 million settlement for a family after a fatal trucking collision
• Jury verdict for the family of a child lost due to a defective product
• Confidential settlement in a premises liability wrongful death case

Our attorneys have been recognized by Super Lawyers, Best Lawyers in America, and other leading legal publications. Clients consistently praise our compassion, skill, and dedication to results.

Consult a Florida Wrongful Death Lawyer

If you have lost a loved one in Florida due to negligence or wrongdoing, do not wait to take legal action. Our compassionate, experienced attorneys at Clark, Fountain, Littky-Rubin & Whitman can guide you every step of the way. Schedule a free consultation today by calling 561-277-3367 or contacting us online. Let a dedicated Florida wrongful death lawyer help your family seek justice and begin the path toward healing.