Clarifying a wrongful death claim across Broward

Broward County Wrongful Death Lawyers

A fatal event can leave several reports and no clear explanation of civil responsibility.

Miller & Jacobs helps Broward County families review the evidence, estate authority, and survivor rights after a potentially wrongful death. We examine the specific cause and the legal framework before discussing damages, deadlines, or a proposed resolution.

Call 954-465-8733 → Send Us A Message

Your consultation is free. No attorney fee is owed unless compensation is recovered for you. The written fee agreement explains fees and costs.

$300M+

Reported Recoveries for Injured Clients

50+ Years

Combined Legal Experience

230+

Combined Jury Trials Across Their Careers

Former Prosecutors

Experienced Trial Attorneys

A place to begin

You can start with what you know.

A family may have different questions about bills, children, the estate, or an agency investigation. Identify the relatives involved and who is handling existing paperwork. That helps a legal review distinguish authority to file from the rights of people who may benefit.

You do not have to decide who was at fault, open an estate, or gather every record before calling. Our Broward County personal injury team can help you understand whether a wrongful death claim may be available and how the family and estate fit into the process.

We can explain unfamiliar terms and help you focus on what needs attention first.

A conversation comes first

“You do not have to remember every detail today. Tell us what you can, and we will help you sort through what comes next.”

Keep a record of contributions and expenses without trying to assign a legal value yourselves. The law recognizes different categories for different survivors and for the estate. A consultation can explain those distinctions while identifying what evidence is still missing.

Who can bring a claim

The personal representative brings the action.

Florida section 768.20 directs the personal representative to bring the action for the estate and survivors. Section 768.18 defines the qualifying survivors. These are distinct questions that need the actual family and appointment information.

The filing role

Personal representative

Identify whether an estate is open and who has been appointed. Probate documentation may be needed to establish authority. A consultation can address the relationship between the appointment and the injury investigation without assuming that a relative already has power to settle.

Spouse

May have claims for lost support and services, companionship and protection, and mental pain under the statute.

Children

Age, the presence of a surviving spouse, and the type of case affect which categories apply.

Parents

The child's age, other survivors, and any medical negligence can change the available recovery.

Estate

May have its own statutory claims for certain lost earnings, net accumulations, and expenses charged to it.

The survivors’ categories Relationship, age, and dependency affect eligible damages under section 768.21. Lost support, services, companionship, and mental pain are not universally available to every relative. Medical-negligence deaths include additional restrictions for certain adult children and parents.

The estate’s categories The statute provides particular estate losses subject to its conditions. Medical and funeral expenses depend in part on who paid or incurred them. Separate those records from probate assets and insurance benefits, and avoid presenting the same expense twice.

What the law may recognize

Build the damages record around actual contributions.

The financial and personal effects of a death deserve an accurate account. Records can help demonstrate eligible losses while the family explains the relationships and daily contributions that documents alone may not capture.

Survivors may have losses of their own

Income and benefits

Employment records, tax documents, and benefits information may support lost financial contributions. Projections must use the applicable statutory category and supported assumptions. The deceased's entire future gross income is not automatically payable to each survivor.

Support and services

Identify regular care, transportation, household work, and other contributions to eligible survivors. Explain who relied on them and what changed. Replacement costs and expert valuation can require review so the same services are not counted in several ways.

Bills and personal loss

Save invoices and payment records alongside the family's account of the relationship. Some personal-loss damages are limited by the statute and cause of death. A sympathetic account remains important, but it cannot create a category the law does not allow.

The estate may have separate losses

Income between injury and death

Qualifying earnings during that period, adjusted for support already counted for survivors.

Potential savings

In circumstances the statute allows, the estate may seek net accumulations the person likely would have left behind.

Charges to the estate

Qualifying medical or funeral expenses charged to the estate or paid on behalf of the person, without counting the same expense twice.

A specific medical-negligence limit: Florida excludes certain pain-and-suffering categories for adult children and parents of an adult child when the death claim arises from medical negligence. It does not tell the whole story of economic or estate claims. That distinction needs a case-specific review.

The governing claim

The cause of death changes the legal work.

A collision, property incident, alleged medical error, and maritime event can involve different duties and procedures. We start with the event and the parties, rather than assume that every fatal injury follows the same route.

The evidence

Conduct and control

Reports, contracts, business records, and witnesses may show who operated a vehicle, controlled a location, or made a relevant decision. The legal theory must connect a duty and breach to the defendant. Association with the event does not by itself prove liability.

The responsibility

Medical causation

The timing and mechanism of the death may require medical records and expert analysis. Prior conditions and intervening events can be disputed. The claim needs evidence explaining the causal connection, not simply a conclusion that the death followed an incident.

The legal review

Parallel proceedings

Criminal, administrative, probate, and insurance processes can develop alongside the civil claim. Their documents may be useful, but their purposes and standards differ. Waiting for one process to end can be risky if a civil deadline is approaching.

Before any release. A settlement proposal should be reviewed with the applicable deadlines, the scope of the release, and any approval requirements. Our Broward County injury overview explains the broader civil-claim process.

Before any release

Keep the decision grounded in authority and timing.

These decisions can come up at different times. We can help your family understand the records, authority, and legal dates involved before you decide how to proceed.

Identify the calendar

The ordinary wrongful death filing period is generally two years under Florida's limitations statute. Exceptions include particular intentional conduct, and other law may govern some events. The exact dates and defendants should be reviewed before relying on a general rule.

Evaluate the factual dispute

In covered negligence actions, comparative-fault rules can reduce recovery and bar it if the deceased was more than 50% at fault. Assess the evidence supporting the allegation and whether that framework applies to the cause of action.

Check the proposed resolution

Confirm who is being released, who can sign, and how eligible claims are addressed. Minors, estate authority, distribution, and liens may raise additional issues. A consultation can identify unanswered questions without guaranteeing a settlement or litigation result.

The people behind the firm

The partners serving Broward County.

Partners Mark J. Miller and Rick S. Jacobs serve Broward County clients from the firm's Pompano Beach office. Your consultation can address the evidence, the applicable claim, and the decisions ahead.

Mark J. Miller

Partner

Mark's biography describes work in insurance defense and prosecution before his plaintiff-side practice. That background informs the firm's evaluation of liability disputes and insurance positions.

Meet Mark →

Rick S. Jacobs

Partner

Rick's biography describes his service as an Assistant State Attorney in Miami-Dade County and his trial work. Read the published background for details of his professional experience.

Meet Rick →

Our South Florida office is at 1600 S Federal Highway, Suite 1101, Pompano Beach, FL 33062. Call 954-465-8733 before visiting.

View Pompano Beach office directions

Questions families ask before they call

Broward County wrongful death claim questions

These answers cover common starting points. What applies to your family depends on the facts and the relationships involved.

Is a death certificate enough to prove the case?

It can be an important record, but a wrongful death claim still requires proof of the applicable wrongful conduct, causation, and legally recoverable losses. Incident reports, witnesses, business records, and medical evidence may answer different parts of that analysis.

Who qualifies as a survivor under Florida law?

The statute identifies a spouse, children, parents, and certain dependent blood relatives or adoptive siblings. The definition and damage categories have specific conditions. Provide the family relationships, relevant ages, and dependency facts so eligibility can be reviewed accurately.

Does an ongoing police investigation extend the deadline?

Do not assume that it does. The ordinary civil filing period and any exception need separate review. A criminal case may provide useful evidence but operates under different rules. Ask about the civil calendar while the investigation is still developing.

Can claimant fault affect a wrongful death recovery?

In negligence actions governed by Florida's comparative-fault statute, the deceased's share can reduce damages and can bar recovery when it exceeds 50%. The governing cause of action matters. An insurer's assertion should be assessed against the evidence rather than treated as a final allocation.

Are all wrongful death deadlines two years?

No universal deadline should be assumed. Florida generally uses two years for wrongful death, but statutory exceptions and different governing law, including maritime law in some events, can matter. Notice requirements and the specific defendants may also affect what must be done and when.

What can the firm review during a free consultation?

The date and circumstances, potential responsible parties, estate appointment, family relationships, available documents, and urgent deadlines are useful starting points. Call 954-465-8733. Miller & Jacobs serves Broward County from its office in Pompano Beach.

Related Broward County guidance

These guides explain how different incidents are investigated. We can discuss how they relate to your family's circumstances.

Broward County injury overview → Catastrophic Injury claims → Premises Liability claims → Dog Bite claims → Boating Accident claims →