Fort Lauderdale Wrongful Death Lawyer

Losing someone you love is devastating, especially when that loss could have been prevented. When that loss is because of someone else’s reckless or careless actions, your family deserves answers. You may also be entitled to compensation for your loved one’s medical costs, burial expenses, and the pain they suffered.

At The Bald Injury Lawyers, we have seen the pain families experience after losing a family member. We cannot change what has happened to you, but we can help you hold the responsible party financially accountable.

We understand that considering legal action right now feels overwhelming. However, pursuing a claim can help your family manage unexpected costs and hold those responsible accountable for the pain and suffering your loved one endured

What Qualifies as a Wrongful Death in Florida?

A wrongful death in Florida is someone who dies because of another person or party’s negligent, reckless, or intentional actions. Negligence means the at-fault party failed to exercise reasonable care. Intentional harm involves deliberate actions that caused the death. Strict liability applies in certain cases, such as defective product claims, where fault exists regardless of intent.

Under Florida Statutes Section 768.16 through 768.26, a wrongful death claim applies if your loved one would have been able to file a personal injury lawsuit if they had survived. The key factor is whether another party’s actions or failure to act caused the death.

You may have a valid wrongful death claim if you can answer yes to questions like these:

• Was your loved one harmed because the at-fault party failed to act with reasonable care, such as by driving impaired?
• Did the at-fault party deliberately cause harm that resulted in your loved one’s death?
• Did a defective product or dangerous condition cause your loved one’s death, even if no one acted carelessly?
• Would your loved one have been able to file a personal injury lawsuit if they had survived their injuries?

If someone’s negligent, reckless, or intentional actions caused your loved one’s death, you may have grounds for a wrongful death lawsuit. Call The Bald Injury Lawyers today for a free case review. We listen with compassion, and we won’t waste your time or money

Who Can File a Wrongful Death Claim in Florida??

Florida law only allows the personal representative of the deceased person’s estate to bring wrongful death claim. If the deceased did not appoint a personal representative in their will – or there is no will – then the court will appoint someone to take on this role. The personal representative then files the lawsuit on behalf of the deceased person’s estate. The surviving family members then recover damages from the resulting claim.

Survivors who may the right to recover compensation from the lawsuit include:

Surviving Spouse

A surviving spouse may recover damages for loss of companionship, protection, and support. If the deceased person had no children, the spouse may also seek compensation for lost future earnings and other financial losses.

Children of the Deceased

Minor children and adult children can recover compensation lost parental companionship, guidance, and support. Minor children may also recover for lost services and financial support they would have received.

Parents of the Deceased

Parents can file a claim if their adult child dies without a spouse or children. Parents of minor children who die can recover for mental pain and suffering, as well as medical and funeral expenses.

Blood Relatives or Adoptive Siblings

If the deceased was partly or wholly dependent on a blood relative or adoptive sibling, that person may recover for lost support and services.

We’re Ready When You Are

If you’ve been injured, the clock is ticking. Let’s talk! We’ll review your case for free, explain your rights, and help you move forward with confidence.

What Compensation Can I Recover in a Wrongful Death Claim in Florida?

Florida law allows surviving family members to recover both economic and non-economic damages in a wrongful death claim. Economic damages cover the financial losses your family has suffered and will continue to suffer. Non-economic damages compensate for the emotional and personal losses that cannot be measured in dollars. The amount and types of compensation depend on your relationship to the deceased and the circumstances of the death.

Qualified family members may be eligible to recover compensation for:

• Medical Expenses: Costs for medical treatment your loved one received from the moment they were injured and up until their death.
• Funeral and Burial Costs: Reasonable expenses for funeral services, burial, or cremation.
• Lost Income and Financial Support: Wages, benefits, and other financial contributions your loved one would have provided to the family, such as daily living costs, mortgage payments, and other family needs.
• Loss of Companionship and Protection: The value of the relationship, guidance, and emotional support your loved one provided.
• Mental Pain and Suffering: The emotional distress and grief experienced by surviving family members.
• Lost Parental Companionship: The guidance, care, and nurturing a child has lost due to a parent’s death.
• Loss of Services: The value of household services, care, and assistance your loved one provided to the family.
• Estate Losses: Lost earnings from the time of injury to death, and the money your loved one would have saved and passed on to family if they had lived a full life.

What Is a Survival Action and When Does That Type of Claim Get Filed?

A survival action is different from a wrongful death claim, though both can arise from the same incident. A survival action allows the deceased person’s estate to recover damages the victim could have claimed if they had survived. This includes compensation for the pain, suffering, and expenses your loved one experienced between the time of injury and death.

The personal representative of the estate files a survival action on behalf of the deceased person, not the surviving family members. Any compensation recovered through a survival action becomes part of the estate and distributes according to Florida law or the deceased person’s will.

A survival action can recover damages for:

• Pain and Suffering: The physical pain and emotional distress your loved one endured from the time of injury until death.
• Medical Expenses: All medical bills and treatment costs incurred before death.
• Lost Wages: Income your loved one lost between the time of injury and death.
• Loss of Earning Capacity: Wages your loved one could have earned if they had lived but died before recovering from their injuries.

Can Families File Both a Wrongful Death Claim and a Survival Action in Florida?

Yes – in Florida families can file both a wrongful death claim and a survival action arising from the same incident. The wrongful death claim compensates survivors for their losses. The survival action compensates the estate for what the deceased person suffered and lost. Together, these claims provide comprehensive compensation for the full impact of your loved one’s death.

Why Families Choose The Bald Injury Lawyers for Wrongful Death Claims

Losing a loved one is hard enough without dealing with insurance companies, legal deadlines, and complex paperwork. At The Bald Injury Lawyers, we cut through the noise and fight for what your family deserves. We are former insurance defense attorneys who know exactly how insurance companies try to minimize payouts. Now we use that insider knowledge to benefit you. We fight to hold liable parties accountable and maximize your compensation.

Fort Lauderdale families trust us because:

• We Know How Insurance Companies Think: Our team includes former insurance defense attorneys who understand every tactic insurers use to deny or devalue claims. We leverage this knowledge to anticipate their strategy and stay three steps ahead.
• We Handle Everything While You Grieve: You should not have to fight legal battles while mourning your loved one. We manage every detail so you can focus on your family.
• We Fight for Maximum Compensation: We do not settle for lowball offers. We build strong cases backed by evidence and demand every dollar your family deserves.
• You Pay Nothing Unless We Win: We work on contingency, which means there are no upfront costs and no fees to pay. We only get paid when we recover compensation for your family.
• We Answer When You Call: When you need us, we are there with straight answers and clear guidance. No waiting for days to get a callback.
• We Have a Proven Track Record in Broward County: We have helped countless Fort Lauderdale families recover millions in wrongful death settlements and verdicts.