Wrongful Death Claims in Florida: What Families Should Know

Posted by Phillip Brutus | Oct 30, 2025 | 0 Comments

Losing a loved one because of someone else's negligence is one of the most devastating experiences any family can face. In Florida, state law allows surviving family members to seek justice through a wrongful death claim — a legal action that holds the at-fault party accountable and provides financial support to those left behind.

At Brutus Law Group, our wrongful death attorneys in Florida help families throughout Delray Beach, West Palm Beach, Boca Raton, and Miami navigate this complex and emotional process with care, dignity, and determination.

Who Is Eligible to File a Wrongful Death Claim in Florida?

Under the Florida Wrongful Death Act, certain surviving relatives may file a claim when a person's death results from another party's negligence, recklessness, or intentional act.

Typically, the personal representative of the deceased's estate brings the claim on behalf of eligible family members, who may include:

  • The spouse of the deceased

  • Children and adopted children

  • Parents (especially if the victim was a minor)

  • Dependent relatives who relied on the deceased for support

Each case is unique, and determining eligibility can be complicated — especially in blended families or cases involving adult dependents. Working with a personal injury lawyer in Delray Beach familiar with Florida's wrongful death statutes can help ensure the claim is filed correctly and that all eligible beneficiaries are represented.

Types of Damages in a Florida Wrongful Death Case

Florida law allows families to recover economic and non-economic damages designed to compensate for the losses caused by the wrongful death. These damages may include:

Economic Damages

  • Medical and funeral expenses related to the fatal injury

  • Loss of financial support and services the deceased would have provided

  • Loss of future earnings and benefits (such as health insurance or retirement contributions)

Non-Economic Damages

  • Pain and suffering of surviving family members

  • Loss of companionship, guidance, and protection for a spouse or children

  • Emotional distress experienced by parents of a deceased minor

The total compensation depends on many factors — including the victim's age, income, and the extent of the family's dependence — which makes it essential to consult an experienced wrongful death attorney in Florida who understands how to calculate and present these losses effectively.

How the Wrongful Death Process Works in Florida

Understanding the wrongful death process in Florida can help families prepare for what lies ahead.

1. Investigation and Case Evaluation

The process begins with a thorough investigation to determine liability. Common causes of wrongful death include car accidents, truck collisions, medical malpractice, nursing home neglect, and workplace accidents.
A skilled attorney will gather evidence such as police reports, medical records, witness statements, and expert opinions to build a strong foundation for the claim.

2. Filing the Claim

Once evidence supports the case, the personal representative of the estate files the claim in civil court. Florida generally imposes a two-year statute of limitations from the date of death, meaning the lawsuit must be filed within that timeframe. There are limited exceptions, such as medical malpractice or government negligence cases.

3. Settlement Negotiations or Trial

Many wrongful death cases in South Florida settle through negotiation or mediation. However, if a fair settlement cannot be reached, the case may proceed to trial. Throughout this process, having a Brutus Law Group wrongful death attorney ensures your family's rights are protected and that you receive fair and full compensation.

Supporting Families Through a Difficult Time

Beyond the legal aspects, wrongful death cases involve deep emotional pain and significant life changes. At Brutus Law Group, we understand that pursuing justice is about more than compensation — it's about honoring your loved one's memory and holding negligent parties accountable.

Our personal injury attorneys in Delray Beach, West Palm Beach, and Miami provide compassionate, multilingual support in English, Spanish, French, and Haitian Creole. We guide families through every stage — from case investigation to resolution — while respecting their grief and their goals.

Whether the loss resulted from a car accident in Palm Beach County, a truck collision in Broward County, or a medical error in Miami-Dade County, our team brings a local understanding of South Florida courts, insurance adjusters, and expert witnesses to every case.

Why Choose Brutus Law Group for Wrongful Death Cases in Florida

Families across South Florida trust Brutus Law Group for our deep knowledge of Florida personal injury law, our commitment to ethical representation, and our personalized attention to every client.

We combine strategic litigation experience with genuine compassion — empowering families to move forward while ensuring that justice is served.

About the Author

Phillip Brutus

Principal Attorney, Brutus Law Group - Attorney/Former State Legislator With more than 39 years of legal experience—including over three decades practicing in Florida—Attorney Phillip Brutus has built a distinguished career grounded in integrity, service, and results. A trusted immigration and ...

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