Wrongful Death Attorney in Florida
When a loved one’s life is tragically cut short due to someone else’s negligence or wrongful act, no amount of compensation can truly fill the void left behind. However, Florida law recognizes that families deserve justice and financial security when they lose someone to preventable circumstances. At Lowman Law Firm, our Florida wrongful death attorneys have spent over two decades helping grieving families seek accountability from those responsible while securing the financial support they need during their most difficult times.
Operating from our compassionate legal team at offices in Brooksville at 31 S Main St, Spring Hill at 11029 Spring Hill Dr, Dade City at 14233 7th St, Crystal River at 600 SE US Hwy 19, and Inverness at 508 W Main St, we serve families throughout Central Florida who are navigating the legal complexities that follow tragic losses. With Florida experiencing 2,648 traffic fatalities in 2024 alone, plus hundreds more deaths from medical malpractice, workplace accidents, and other preventable causes, understanding your rights under Florida’s wrongful death statute is crucial for protecting your family’s future.
Understanding Florida’s Wrongful Death Act
Florida’s Wrongful Death Act provides the legal framework for families to seek compensation when a loved one dies due to another party’s negligence, intentional misconduct, or breach of contract. This comprehensive statute recognizes that a person’s death creates both emotional trauma and financial hardship for surviving family members who depended on the deceased for support, companionship, and guidance.
Who Can File a Wrongful Death Claim in Florida?
Personal Representative
Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida. This person is typically named in the will or appointed by the probate court if there is no will. The personal representative acts on behalf of all surviving family members and beneficiaries.
Surviving Family Members Who Can Recover
While only the personal representative can file the lawsuit, specific family members can recover damages:
- Surviving Spouse: Entitled to lost support and services, plus loss of companionship and protection
- Minor Children: Can recover lost parental companionship, instruction, and guidance, plus future financial support
- Adult Children: May recover for loss of companionship and guidance if there is no surviving spouse
- Parents: Can seek damages for loss of adult child’s companionship and guidance, plus financial support if they were dependent
- Blood relatives and adoptive siblings: May recover if they were partly or wholly dependent on the deceased for support
Types of Wrongful Death Cases We Handle
Motor Vehicle Fatalities
Car, truck, motorcycle, and pedestrian accidents represent the largest category of wrongful death cases in Florida. With over 2,648 traffic fatalities in 2024, these tragedies often result from drunk driving, distracted driving, speeding, or other forms of negligence. Learn more about our auto accident lawyer and motorcycle accident lawyer services.
Medical Malpractice Deaths
When healthcare providers fail to meet accepted standards of care, resulting in a patient’s death, families may have grounds for a wrongful death claim. These cases often involve misdiagnosis, surgical errors, medication mistakes, or failure to diagnose serious conditions.
Workplace Fatalities
Construction accidents, industrial incidents, and other workplace deaths may give rise to wrongful death claims beyond workers’ compensation benefits, particularly when third parties or employer negligence contribute to the tragedy.
Premises Liability Deaths
Fatal accidents on someone else’s property—including slip and fall accidents, drowning incidents, or deaths caused by dangerous conditions—can result in wrongful death liability for property owners. Learn more about our slip and fall lawyer services.
Product Liability Deaths
Defective products, from faulty automotive components to dangerous pharmaceuticals, can cause fatal injuries that give rise to wrongful death claims against manufacturers, distributors, and retailers.
Nursing Home Negligence
Elder abuse, neglect, and substandard care in nursing facilities can result in preventable deaths of vulnerable residents, creating liability for the care facility and staff.
Boating and Recreational Accidents
Florida’s extensive waterways and recreational opportunities create risks for fatal boating accidents, swimming incidents, and other water-related deaths. Learn more about our boat accident lawyer services.
Criminal Acts and Security Negligence
When inadequate security leads to fatal criminal attacks, property owners may bear liability for failing to protect visitors and residents from foreseeable dangers.
Common Causes of Wrongful Death in Florida
Understanding the leading causes of preventable deaths helps families recognize when they may have legal grounds for a wrongful death claim:
Traffic-Related Fatalities
Impaired Driving: Alcohol and drug-impaired drivers cause hundreds of deaths annually in Florida. These cases often involve both criminal prosecution and civil liability.
Distracted Driving: Cell phone use, texting, and other distractions contribute to fatal accidents throughout the state. Learn about what does distracted driving mean and its deadly consequences.
Speeding and Aggressive Driving: Excessive speed reduces reaction time and increases the severity of crashes, often turning survivable accidents into fatal collisions.
Large Truck Accidents: Commercial vehicle crashes can be devastating due to the size and weight differences involved. Learn more about trucking accident lawyer representation.
Medical Errors and Healthcare Negligence
Misdiagnosis and Delayed Diagnosis: When healthcare providers fail to recognize serious conditions like heart attacks, strokes, or cancer, delayed treatment can prove fatal.
Surgical Mistakes: Wrong-site surgery, anesthesia errors, and post-operative complications can result in preventable deaths.
Medication Errors: Wrong medications, incorrect dosages, and drug interactions can cause fatal reactions.
Hospital-Acquired Infections: Negligent infection control can lead to deadly complications.
Workplace and Industrial Accidents
Construction Site Deaths: Falls, electrocution, struck-by accidents, and caught-in incidents are leading causes of construction fatalities.
Industrial Accidents: Chemical exposures, explosions, and machinery accidents can cause immediate or delayed deaths.
Transportation Accidents: Commercial driving, delivery, and transportation work create significant fatality risks.
Premises and Property-Related Deaths
Slip and Fall Fatalities: While many slip and fall accidents cause injuries, some result in fatal head trauma or complications, particularly among elderly victims.
Swimming Pool Drownings: Inadequate supervision, faulty safety equipment, or dangerous conditions can lead to fatal drowning incidents.
Fire and Building Code Violations: Faulty wiring, inadequate fire safety systems, or blocked exits can contribute to fatal fires.
Compensation Available in Wrongful Death Cases
Florida’s wrongful death statute provides for comprehensive compensation to help families rebuild their lives after tragic losses. Understanding what damages are available helps families make informed decisions about pursuing legal action.
Economic Damages
Lost Earnings and Benefits
Families can recover the full value of earnings the deceased would have provided throughout their expected working life, including:
- Salary and wages
- Employment benefits (health insurance, retirement contributions)
- Bonuses and commissions
- Business income or profits
- Future career advancement potential
Medical and Funeral Expenses
Recovery for final medical bills related to the deceased’s injury or illness, plus reasonable funeral and burial expenses.
Loss of Services
Compensation for household services the deceased provided, including:
- Childcare and eldercare
- Home maintenance and repairs
- Financial management
- Transportation services
Non-Economic Damages
Loss of Companionship and Protection (Surviving Spouse)
The surviving spouse can recover for the intangible losses that result from losing their life partner, including emotional support, companionship, and the protection that comes from a loving relationship.
Parental Companionship, Instruction, and Guidance (Children)
Children who lose a parent can recover for the loss of parental guidance, moral support, and the nurturing relationship that shapes their development.
Mental Pain and Anguish
In cases involving adult children who lose parents, or parents who lose adult children, Florida law allows recovery for the mental pain and anguish caused by the loss.
Special Considerations
Survival Action Damages
In addition to wrongful death claims, Florida allows “survival actions” that recover damages the deceased could have claimed if they had survived, including:
- Pain and suffering before death
- Medical expenses
- Lost wages from injury to death
- Punitive damages in appropriate cases
Punitive Damages
When the defendant’s conduct was particularly egregious, intentional, or grossly negligent, punitive damages may be available to punish the wrongdoer and deter similar conduct.
The Legal Process for Wrongful Death Claims
Pursuing a wrongful death claim requires navigating complex legal procedures while grieving the loss of a loved one. Understanding this process helps families prepare for what lies ahead.
Immediate Steps After a Wrongful Death
- Preserve Evidence: Document the scene, gather witness information, and preserve any physical evidence related to the death.
- Obtain Death Certificate: Request multiple certified copies of the death certificate, as these will be needed for legal proceedings.
- Open Probate Proceedings: The probate court must appoint a personal representative who can file the wrongful death lawsuit.
- Investigate the Circumstances: Thorough investigation is crucial for establishing liability and documenting the full extent of damages.
- Notify Insurance Companies: Various insurance policies may be involved, including life insurance, liability coverage, and workers’ compensation.
Statute of Limitations
Florida’s wrongful death statute of limitations is generally two years from the date of death. However, certain circumstances can affect this timeframe:
- Medical malpractice cases may have different limitation periods
- Criminal cases can extend the limitation period
- Discovery of the cause of death may affect timing
- Minors may have extended time periods to file claims
Investigation and Evidence Gathering
Accident Reconstruction: In vehicular deaths, accident reconstruction experts analyze the scene, vehicle damage, and other evidence to determine how the accident occurred.
Medical Record Review: Medical malpractice cases require thorough review of medical records and expert analysis of the care provided.
Economic Analysis: Economists calculate the financial losses resulting from the death, including lost earnings, benefits, and services.
Witness Interviews: Gathering testimony from witnesses, coworkers, friends, and family members helps establish both liability and damages.
Immediate Steps After a Wrongful Death
When a loved one dies due to another’s negligence, families face overwhelming emotional and legal challenges. Taking the right steps immediately can help protect your family’s rights:
- Seek Legal Guidance Immediately: Contact (352) 796-0016, (352) 540-7777, (352) 437-7777, (352) 651-1111, or (352) 617-7777 for immediate consultation
- Preserve All Evidence: Document the scene, keep medical records, maintain accident reports
- Avoid Giving Statements: Don’t provide recorded statements to insurance companies without legal representation
- Open Probate Proceedings: Begin the process of appointing a personal representative
- Gather Financial Documents: Collect tax returns, pay stubs, and other evidence of the deceased’s earnings
- Document Family Relationships: Gather marriage certificates, birth certificates, and dependency records
- Preserve the Scene: If possible, ensure accident scenes or dangerous conditions are photographed and preserved
- Notify Relevant Parties: Contact employers, insurance companies, and government agencies as appropriate
Learn more about what if a loved one was killed as the result of an auto accident and 8 examples of wrongful death cases.
How Lowman Law Firm Can Help You After An Accident
Working with Insurance Companies in Wrongful Death Cases
Insurance companies often become involved in wrongful death cases, and their interests rarely align with those of grieving families. Understanding how to handle these relationships protects your rights and maximizes recovery.
Multiple Insurance Policies May Apply
- Liability Insurance: The at-fault party’s liability insurance provides primary coverage for damages.
- Life Insurance: The deceased’s life insurance policy provides benefits separate from wrongful death claims.
- Workers’ Compensation: Workplace deaths may involve workers’ compensation benefits in addition to third-party liability.
- Homeowner’s/Property Insurance: Premises liability deaths may involve property owner’s insurance coverage.
- Professional Liability: Medical malpractice and other professional negligence cases involve specialized liability coverage.
Common Insurance Company Tactics
- Quick Settlement Offers: Insurance companies often approach grieving families with fast, low-ball settlement offers before the full extent of damages is understood.
- Disputing Liability: Insurers may argue their insured wasn’t at fault or that the deceased contributed to their own death.
- Challenging Damages: Companies often dispute the value of lost earnings, question family relationships, or minimize the impact of the loss.
- Delaying Tactics: Insurers may drag out investigations or negotiations, hoping families will accept lower settlements due to financial pressure.
How Our Attorneys Protect Families
Our wrongful death attorneys handle all communications with insurance companies, conduct independent investigations, and fight aggressively for maximum compensation. We understand the tactics insurers use and how to counter them effectively while allowing families to focus on grieving and healing.
Our Florida Offices Serving Wrongful Death Victims Statewide
Brooksville Office
31 S Main St, Brooksville, FL 34601
(352) 796-0016
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We’re Your “Florida Wrongful Death Lawyer Near Me”
What Sets Our Wrongful Death Practice Apart
Compassionate Yet Aggressive Representation
We understand that no legal victory can bring back your loved one. However, we fight tenaciously to ensure that those responsible are held accountable and that your family receives the financial security needed to move forward.
Comprehensive Investigation
Wrongful death cases require thorough investigation to establish liability and document damages. We work with medical experts, accident reconstruction specialists, economists, and other professionals to build the strongest possible case.
Resources to Handle Complex Cases
Wrongful death litigation often involves well-funded defendants and their insurance companies. Our firm has the resources and determination to take on large corporations, healthcare systems, and insurance companies.
Trial-Ready Approach
While many wrongful death cases settle out of court, we prepare every case for trial. This preparation demonstrates our commitment to fighting for fair compensation and often motivates better settlement offers from opposing parties.
No Fees Unless We Win
We work exclusively on a contingency fee basis, meaning families pay no attorney fees unless we successfully recover compensation. This arrangement ensures that all families have access to quality legal representation during their time of need.
Frequently Asked Questions About Wrongful Death Cases
How long do I have to file a wrongful death lawsuit in Florida?
Generally, you have two years from the date of death to file a wrongful death claim. However, certain circumstances can affect this timeline, making early consultation with an attorney crucial.
Can I file a wrongful death claim if my loved one was partially at fault?
Florida’s comparative negligence system allows recovery even if the deceased contributed to their own death, though the recovery may be reduced by their percentage of fault.
What if there was a criminal case related to the death?
Criminal cases are separate from civil wrongful death claims. You can pursue a wrongful death lawsuit even if criminal charges were filed, and the outcomes don’t necessarily affect each other.
How long do wrongful death cases take?
Case duration varies significantly depending on complexity, the willingness of defendants to negotiate, and court schedules. Some cases resolve in months, while complex litigation can take years. Learn more about how long do wrongful death cases take.
What if my loved one didn’t have a will?
Florida law provides procedures for appointing a personal representative when there is no will. This person can still file a wrongful death lawsuit on behalf of the estate and surviving family members.
Can we file a claim if the person responsible has no insurance or assets?
Even without insurance or significant assets, there may be other sources of recovery, including employer liability, property owner insurance, or product manufacturers. We evaluate all potential sources of compensation.
What if my loved one was killed in a workplace accident?
Workplace deaths may involve both workers’ compensation benefits and third-party wrongful death claims. We help families navigate both systems to maximize recovery. Learn more about can I sue in wrongful death case and what damages can I collect.
How do we prove the value of a homemaker’s services?
Florida law recognizes the economic value of household services provided by homemakers, including childcare, cooking, cleaning, and financial management. We work with economists to calculate these values.
Why Florida Residents Trust Lowman
- Statewide Knowledge, Local Expertise – With offices throughout Central Florida, we understand the unique challenges facing drivers across the Sunshine State. From I-4’s notorious reputation as one of America’s deadliest highways to the tourist-heavy corridors of US-19 and the rural dangers of State Road 60, our attorneys know where accidents happen and why. Florida’s population of over 22 million residents, combined with millions of annual visitors, creates a complex driving environment that requires local legal knowledge. Our understanding of Florida’s diverse geography, from urban Miami-Dade County’s 59,978 annual crashes to the rural highways of North Florida, helps us build stronger cases and achieve better outcomes for our clients.
- Two Decades of Excellence – Our firm’s commitment to car accident victims spans more than 20 years, during which we’ve successfully recovered millions of dollars in compensation for injured drivers and passengers throughout Florida. We’ve helped families rebuild their lives after devastating crashes, ensuring they receive the medical care and financial support they need during recovery. With Florida experiencing over 331,000 crashes annually and ranking third nationally for accident frequency, our track record of success provides the advocacy you need.
- Personalized, Compassionate Representation – At Lowman Law Firm, we believe every client deserves individual attention and respect. We take the time to understand your unique situation, explain your legal options clearly, and keep you informed throughout every step of the legal process. Whether you’re a longtime Florida resident or a visitor injured while enjoying our state’s attractions, you’ll never feel like just another case number with our team.
Contact Us for Your Free Wrongful Death Consultation
Losing a loved one to someone else’s negligence creates overwhelming grief compounded by financial uncertainty. You don’t have to face these challenges alone. Our compassionate wrongful death attorneys are here to guide you through the legal process while fighting for the compensation your family deserves.
Available 24/7 for your free consultation:
- Brooksville: (352) 796-0016
- Spring Hill: (352) 540-7777
- Dade City: (352) 437-7777
- Crystal River: (352) 651-1111
- Inverness: (352) 617-7777
At Lowman Law Firm, we understand that wrongful death cases are about more than legal claims—they’re about honoring the memory of someone you loved while protecting your family’s future. We’re here to shoulder the legal burden while you focus on grieving and healing.
Remember, you pay nothing unless we win your case. Contact us today and let our decades of personal injury knowledge work for your family during this difficult time.
For additional information about wrongful death law and your rights, visit our personal injury resources page or explore our comprehensive FAQ section. You can also read about everything you need to know about wrongful death claims in Florida and 3 things to keep in mind about wrongful death claims in Florida.
