The loss of a family member due to negligence or misconduct is one of the most painful experiences any family can face. Beyond the emotional toll, surviving relatives often face financial instability, medical bills, and questions about how justice can be achieved. In Florida, wrongful death laws exist to ensure families have a legal path to hold negligent parties accountable and recover the support their loved one would have provided.
At Frankl Kominsky Injury Lawyers, our mission is to help grieving families know their rights and pursue the justice they deserve. Our wrongful death lawyers stand ready to investigate the circumstances, identify responsible parties, and fight for maximum compensation on your behalf. Available 24/7, our bilingual team (English and Spanish) ensures that no family faces the legal process alone during one of the most difficult times in their lives. Contact our office to book a complimentary consultation.
Key Takeaways: Florida Wrongful Death Lawsuits
- Florida’s Wrongful Death Act protects grieving families by allowing them to seek financial recovery and accountability when negligence results in a loved one’s death.
- Substantial evidence is essential to proving negligence, including medical documentation, accident reports, expert testimony, and financial data.
- Only the personal representative can initiate the lawsuit, who acts on behalf of all surviving beneficiaries to ensure proper distribution of compensation.
- Wrongful death claims can stem from many incidents, such as car or truck crashes, that result in fatal harm.
- Wrongful death can result in both civil and criminal proceedings. Even if criminal charges are filed, the family can still pursue a separate civil case focused on financial justice and accountability.
- Contact our attorneys to provide compassionate and determined representation for your wrongful death lawsuit.
Why Work With Frankl Kominsky Injury Lawyers for Your Wrongful Death Lawsuit?
When tragedy strikes through a wrongful death, your family deserves a law firm that fights relentlessly for justice. At Frankl Kominsky Injury Lawyers, every case we take on carries our name. We protect that reputation by delivering aggressive advocacy and total legal excellence in every matter we handle.
When handling wrongful death cases, we treat them as a profound responsibility. Families turn to us in their darkest hours because we refuse to accept anything less than full accountability from negligent drivers, careless corporations, or medical providers whose actions caused irreversible loss. Our “Never Settle for Less” philosophy drives everything we do from the first consultation to the final verdict.
Our firm’s results-driven approach is grounded in real success. We have recovered over $200 million for victims and their families across South Florida. But beyond the numbers, what truly defines our practice is the energy, passion, and persistence we bring to each client’s fight for justice. We have faced insurers and defense teams countless times, and we meet every challenge with sharp strategy, unwavering focus, and genuine compassion.
We understand that no two families experience loss in the same way. That’s why we dedicate personal attention to understanding your loved one’s role, your financial needs, and the emotional void left behind. Whether your claim involves a fatal crash, medical negligence, or a preventable workplace incident, our team combines local insight with courtroom strength to secure the outcome your family deserves.
Our offices are situated in Boynton Beach, Pompano Beach, Port St. Lucie, and Palm Bay so as to serve many families across South Florida. We’re local attorneys with deep Florida roots who are ready to meet with your family wherever you are.
What Damages Can Be Recovered?
A wrongful death lawsuit in Florida seeks to restore some measure of financial stability and justice to families facing an unimaginable loss. The law allows surviving family members and the deceased’s estate to recover damages, depending on the circumstances. Compensation you may recover includes:
- Loss of support and services: This involves the value of financial contributions and household assistance that the deceased provided. It helps replace what the family has lost both economically and practically.
- Loss of companionship and protection (for spouses): A surviving spouse can seek damages for the loss of love, care, and emotional security once shared in marriage.
- Mental pain and suffering (for close relatives): Parents, children, or spouses may receive damages for the emotional anguish caused by the unexpected death.
- Lost parental companionship, instruction, and guidance (for children): Minor children, as well as in some cases, adult children, may be compensated for the loss of a parent’s nurturing presence and moral support.
- Medical and funeral costs paid by the survivor: If a surviving family member covered hospital bills or burial costs, those can be included in the claim.
The estate may also recover:
- Lost income from the time of injury to death.
- Loss of the savings, investments, or financial growth the deceased would likely have achieved if they had lived.
- Any remaining end-of-life expenses handled through the estate can be recovered.
Frankl Kominsky Injury Lawyers understands that these damages represent a life’s impact and a family’s future. Our team is known for pushing insurance companies to recognize the full value of what was lost, not just the bare minimum they want to pay. With substantial results achieved for our clients, our success reflects both our determination and our promise.
How Do You Prove a Wrongful Death Case?
Winning a wrongful death lawsuit in Florida requires clear, convincing evidence that someone’s negligence or intentional act caused the death. This legal process demands a thorough understanding of both the facts and the applicable laws that establish liability. To prove a wrongful death claim, families must prove the following:
- Duty of Care: You must show that someone who was obliged to uphold care to the deceased breached it. For example, drivers must observe safety when driving, doctors must adhere to accepted medical standards, and property owners must maintain reasonably safe conditions.
- Breach of Duty: Families must then prove that the defendant engaged in careless or wrongful conduct. It can include reckless driving, medical negligence, unsafe work practices, or the sale of a defective product.
- Causation: Families must also show that the defendant’s actions directly caused the death. This connection is often established through expert testimony, accident reconstruction, or medical analysis that links the negligent behavior to the fatal outcome.
- Damages: Finally, the case must outline the measurable and emotional distress on the surviving family and the deceased’s estate, such as loss of companionship.
The wrongful death team at Frankl Kominsky Injury Lawyers begins these cases with an in-depth investigation. Our attorneys collaborate with medical experts, financial analysts, and forensic specialists to uncover the truth and build a persuasive case that stands up in court. We are relentless in demanding accountability from those responsible and ensuring your loved one’s story is heard.
Wrongful Death Lawsuit Eligibility in Florida
Not everyone can legally initiate a wrongful death lawsuit in Florida. The Florida Wrongful Death Act (Fla. Stat. §768.19) establishes specific rules regarding who can bring a claim and how compensation is distributed among survivors.
Under this law, the deceased person’s estate personal representative bears the responsibility for filing the lawsuit. This representative may be named in the decedent’s will or appointed by the court should there be no will. While the personal representative brings the claim, it is done on behalf of the surviving family members and the estate itself.
Eligible beneficiaries include:
- The spouse of the deceased: The grieving spouse may secure recovery for loss of companionship, protection, and emotional suffering caused by the death.
- Children of the deceased: Minor children, and in some cases adult children, may be entitled to damages for parental guidance, companionship, etc.
- Parents of the deceased: When a child dies, parents can recover for the mental pain and anguish they endure.
- Financial dependents: Any blood relatives or adoptive siblings who depended on the deceased may also have rights to compensation.
Because wrongful death law is complex and strictly time-bound, it is highly advisable to work with a wrongful death attorney from Frankl Kominsky Injury Lawyers. Our firm ensures that every eligible family member is properly represented, every financial loss documented, and every filing made within the statute of limitations.
What Leads To Wrongful Death Claims?
Wrongful death can arise from many situations where negligence or misconduct causes a preventable loss of life. Our firm has represented families across Florida who have faced devastating losses under various circumstances. We carefully evaluate each circumstance to help families recognize when they may have a valid claim and why swift legal action is essential. Some incidents that caused wrongful death include:
- Car or Truck Accidents: Florida’s busy highways are among the deadliest in the country. Fatal crashes are frequently caused by speeding, aggressive driving, distracted driving, fatigue, or reckless behavior. When a negligent driver or trucking company causes a loss of life, our team investigates every detail to hold them accountable.
- Motorcycle or Pedestrian Accidents: Since riders and pedestrians have limited protection in a collision, these cases often result to catastrophic outcomes. Our attorneys pursue claims against careless motorists and entities responsible for unsafe road conditions.
- Medical Malpractice: When a doctor fails to uphold standards of care, the results can be fatal. We work closely with medical experts to uncover the truth behind such tragedies.
- Workplace Accidents: Fatal injuries on construction sites, in factories, or during transport jobs may involve negligence by employers, contractors, or third parties. Our firm pursues third-party liability claims to ensure that families recover full compensation beyond the limits of workers’ compensation.
- Defective Products: Parties can be held responsible when unsafe products cause fatal harm. We aggressively pursue product liability cases to expose corporate negligence.
- Criminal Acts: Families can pursue a wrongful death lawsuit even when a criminal case is pending or completed. Civil claims provide a path to justice that focuses on financial accountability, regardless of the outcome in criminal court.
Every wrongful death case tells a story of a life taken too soon, and every case deserves the energy and passion that define our firm’s approach. Our firm fights to ensure that those responsible face consequences and that families receive the closure and compensation they deserve.
Frankl Kominsky Injury Lawyers Stand Ready to Help
Has your loved one passed away as a result of another person’s negligence? Holding negligent parties accountable helps protect your family’s financial future and preserves your loved one’s legacy. At Frankl Kominsky Injury Lawyers, we dedicate every resource and every bit of legal insight to achieving justice for families who deserve answers and restitution. You’ll work directly with attorneys who bring over 60 years of cumulative experience. Call us today at (561) 800-8000 for a free, confidential case evaluation. We’re available 24/7, and our team is ready to fight for you.
Frequently Asked Questions: Wrongful Death Lawsuits in Florida
What timeline do I have to bring a wrongful death claim?
In Florida, families can bring their claim within two years from the date of death, as specified in Florida Statutes §95.11(4)(d). However, there are some exceptions, such as cases involving government entities or medical malpractice, where specific notice or procedural requirements may shorten the timeframe. It is advisable to consult an attorney as soon as possible to ensure you don’t miss deadlines and that key evidence is preserved.
How are wrongful death settlements distributed among family members?
The court typically divides compensation according to each survivor’s relationship to the deceased and the extent of their losses. For instance, a spouse may receive compensation for lost companionship, while children may recover for lost parental guidance. The personal representative ensures that both the estate and individual survivors are properly compensated under Florida’s Wrongful Death Act.
What if the person responsible for my loved one’s death faces criminal charges?
A civil wrongful death case is separate from criminal proceedings. Even if the defendant is acquitted or never charged criminally, your family can still pursue compensation through a civil lawsuit. The burden of proof in civil court is usually lower, meaning accountability can still be established through a strong evidentiary record.
What does it cost to hire Frankl Kominsky Injury Lawyers for a wrongful death case?
You are not going to incur charges initially for bringing your case to a wrongful death lawyer. Our firm operates on a contingency fee basis, meaning you pay nothing up front. We only collect a fee if we successfully secure justice on your behalf. This allows families to pursue justice without the added financial stress during an already overwhelming time.
