Florida law lets certain family members file a wrongful death claim when a loved one dies because of another party’s negligence. For example, if a distracted driver runs a red light and kills a pedestrian, the family could file a claim against that driver. This type of case can cover funeral costs, lost income, and the emotional loss of a family member’s companionship.
Unintentional injuries are a common cause of preventable death across Florida, and each of these cases can leave a family searching for answers as well as accountability. That search is where our compassionate Broward County wrongful death lawyers at Barnett Fenton Injury Law, P.A., step in, working with families throughout Fort Lauderdale who lost someone to a preventable accident.
Florida law allows the personal representative of the deceased person’s estate to file a wrongful death claim. This usually includes a spouse, children, or parents, depending on the situation. Other relatives who depended on the deceased financially may also qualify, so identifying every eligible person early helps the case move smoothly.
A wrongful death case is a type of lawsuit, although it works a bit differently than a typical personal injury claim. Instead of the injured person filing suit, a personal representative sues on behalf of surviving family members. However, the goal remains similar, holding a negligent party accountable, while the compensation goes to the family rather than the deceased person’s estate directly.
Criminal charges and a wrongful death claim are separate legal processes. Local police or the state attorney’s office decide whether to pursue criminal charges, and a family cannot force that decision. A wrongful death claim can still move forward on its own, regardless of whether criminal charges are filed, since it uses a different standard of proof than a criminal case does.
Surviving family members may recover both financial and emotional damages under Florida’s Wrongful Death Act. The financial damages often include lost wages, medical bills, and funeral costs. For example, if a parent died in a workplace accident, the family could recover funeral expenses along with the wages that parent would have earned. Emotional damages account for the loss of companionship and guidance.
Florida generally requires wrongful death claims to be filed within two years from the date of death, under Florida Statute Section 95.11. This deadline can shift in certain situations, such as cases involving a government entity, where shorter notice periods often apply. Missing this window usually bars the family from pursuing compensation.
Wrongful death claims often come from car accidents, truck accidents, medical mistakes, and falls on unsafe property. Broward County’s busy roads, including Interstate 95 and Interstate 595, see a steady flow of serious crashes each year; unfortunately, fatalities are often a result. Workplace accidents and defective products also lead to a portion of the wrongful death claims filed throughout the county.
Fault depends on proving that another party’s negligence directly caused the death, often through evidence such as police reports, medical records, and witness statements. Florida follows a modified comparative negligence rule, meaning a family cannot recover damages if the deceased was found more than 50% at fault for the incident. This standard makes evidence gathering an important part of every case.
Wrongful death lawsuits in this area typically proceed through the Seventeenth Judicial Circuit Court, which covers Broward County, including Fort Lauderdale, Hollywood, and Pembroke Pines. This court handles civil negligence claims, so local filing rules and procedures apply. Familiarity with these court practices can affect how smoothly a case moves forward.
Most wrongful death attorneys work on a contingency fee basis, so families pay no upfront cost. Instead, the lawyer collects a percentage of any settlement or verdict reached on the family’s behalf. Our Broward County wrongful death lawyers often handle these arrangements directly with families, which allows them to pursue justice without added financial pressure during an already difficult time.
No, only the personal representative of the estate files the claim, although the recovery can be shared among eligible survivors. This structure keeps the case organized while still accounting for each person’s losses.
The location of the incident may affect which court hears the case, although residency of the deceased or the defendant can also play a role. Broward County wrongful death lawyers at Barnett Fenton Injury Law, P.A., can help determine the correct court for filing.
A criminal charge is not required to file a civil wrongful death claim. Civil cases use a lower burden of proof, so a claim can move forward even without a criminal conviction.
The Broward County wrongful death lawyers at Barnett Fenton Injury Law, P.A., help clients pursue fair compensation from negligent parties. Our respected legal team will provide the powerful legal representation you need to secure justice. Call us at 954-736-3070 or contact us online to schedule a free consultation. Located in Fort Lauderdale, we serve clients across Florida.
