Losing a family member because of someone else's negligence leaves you grieving and facing financial pressure at the same time. Florida's Wrongful Death Act gives surviving families a way to hold the responsible party accountable and recover compensation for the losses left behind.
Our wrongful death attorneys at Miller & Jacobs Accident Attorneys guide Broward County families through every stage of a fatal injury claim, from opening the estate in probate court to negotiating with insurers and trying the case before a jury when necessary.
We take every wrongful death case on contingency, so your family pays nothing unless we recover compensation. Call (954) 784-2277 for a free and confidential consultation.
Table of contents
- Who Can File a Wrongful Death Claim in Florida
- How Does a Broward County Wrongful Death Lawyer Help Your Family
- What Damages Are Available in a Florida Wrongful Death Case
- How Does Comparative Fault Affect a Wrongful Death Claim in Broward County
- What Is the Filing Deadline for a Wrongful Death Lawsuit in Broward County
- FAQs for Broward County Wrongful Death Lawyers
- Take Action with Broward County Wrongful Death Lawyers at Miller & Jacobs
Who Can File a Wrongful Death Claim in Florida
Only the personal representative of the deceased person's estate may file a wrongful death lawsuit in Florida. Individual family members, regardless of how close their relationship, may not bring the claim on their own. Florida Statute § 768.20 requires the personal representative to bring the action on behalf of both the estate and all surviving family members who qualify for damages.
A personal representative is either the executor named in the deceased person's will or someone the probate court appoints if no will exists. The court must formally issue letters of administration before the wrongful death action may proceed, which is why the probate process needs to begin as early as possible.
Who Qualifies as a Survivor Under the Florida Wrongful Death Act
The Act defines survivors as specific categories of family members who may receive damages. Under Florida Statute § 768.18, eligible survivors include:
- The surviving spouse of the deceased
- Children of the deceased, including biological and legally adopted children
- Parents of the deceased, particularly when the deceased was under 25 years of age
- Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support, if no other survivors exist
The damages each survivor may recover depend on their specific relationship to the person who died. A wrongful death attorney in Broward County helps families navigate these distinctions and pursue the full range of compensation the statute allows.
How Does a Broward County Wrongful Death Lawyer Help Your Family
A wrongful death lawyer helps your family by managing the legal, procedural, and investigative demands of the case so you may focus on what matters most during an incredibly difficult time. At Miller & Jacobs, founding attorneys Mark J. Miller and Rick S. Jacobs both served as Assistant State Attorneys before opening our firm.
Mark tried more than 70 jury trials as a prosecutor and in insurance defense. Rick tried more than 160 cases before juries during his tenure as a prosecutor in the Miami-Dade County State Attorney's Office.
What Does the Investigation Look Like in a Fatal Injury Case
We coordinate the probate process alongside the civil case, helping families with appointing a personal representative, opening the estate, and filing the wrongful death action within the statutory deadline. On the investigative side, our team takes these steps:
- Preserving physical evidence, police and medical examiner reports, and any available video footage connected to the fatal incident
- Identifying every liable party and mapping every applicable insurance policy, including commercial liability, auto, premises, and umbrella coverage
- Retaining medical and economic consultants who calculate the lifetime financial impact of the loss on each qualifying survivor
- Managing all communication with defense attorneys and insurance adjusters throughout the case
Our Pompano Beach office at 1600 S. Federal Highway, Suite 1101, sits just minutes from Fort Lauderdale. Every fatal injury case runs on contingency, so your family owes nothing unless we obtain a recovery.
Where We Serve Wrongful Death Clients in Broward County
Our Florida wrongful death claim lawyers serve families in Fort Lauderdale, Pompano Beach, Hollywood, Coral Springs, Pembroke Pines, Miramar, Davie, Plantation, Sunrise, Deerfield Beach, and all surrounding communities.
We also accept cases in Palm Beach County, Miami-Dade County, and statewide through our offices in Orlando and Tampa. Beyond wrongful death claims, we handle car accidents, truck collisions, pedestrian crashes, and other personal injury matters throughout the region.
What Damages Are Available in a Florida Wrongful Death Case
Wrongful death damages in Florida fall into two categories: survivor damages and estate damages. Florida Statute § 768.21 specifies what each survivor may recover based on their relationship to the deceased, and what the estate may pursue separately.
What Can Survivors Recover
Each survivor identified in the complaint may seek compensation for the losses they personally experienced because of the death:
- The value of lost financial support and services the deceased provided, from the date of injury through death and projected into the future
- Loss of companionship, guidance, and parental instruction, available to the surviving spouse and to minor children or all children if no spouse survives
- Mental pain and suffering experienced by the surviving spouse, minor children, and, when a minor child dies, the parents
One limitation that catches many families off guard: adult children of the deceased may not recover damages for loss of parental companionship if the deceased had a surviving spouse.
This restriction under § 768.21(3) narrows the available recovery depending on the family structure. Identifying who qualifies for which category of damages early in the case shapes the entire litigation strategy.
What Can the Estate Recover
The estate, through the personal representative, pursues its own separate damages. These include the deceased person's lost earnings from the date of injury to the date of death, the loss of prospective net accumulations the estate would have received over the deceased person's lifetime, and medical or funeral expenses incurred as a result of the fatal injury.
In cases with a surviving spouse or lineal descendants, the estate may also recover for the loss of prospective net accumulations reduced to present value.
How Does Comparative Fault Affect a Wrongful Death Claim in Broward County
Florida's modified comparative fault rule applies to wrongful death claims the same way it applies to personal injury cases. If the deceased person's own negligence contributed more than 50% to the incident that caused their death, the survivors recover nothing under Florida Statute § 768.81(6). If the deceased's share of fault falls at or below 50%, the total recovery decreases by that percentage.
What Defense Tactics Do Insurers Use in Wrongful Death Litigation
Insurance companies and defense attorneys routinely try to attribute fault to the person who died. Because the deceased is not available to offer their own account, the defense builds its case using:
- Police reports, toxicology results, and witness statements that may suggest the deceased contributed to the incident
- The deceased person's driving record, medical history, or behavior leading up to the fatal event
- Surveillance footage or electronic data that may contradict the family's understanding of how the incident unfolded
- Testimony from hired reconstruction analysts who offer opinions favoring the defendant's version
The person best positioned to respond to these arguments is no longer here. That reality makes early evidence preservation one of the most impactful things a family and their wrongful death attorney may do to protect the claim.
What Is the Filing Deadline for a Wrongful Death Lawsuit in Broward County
Florida gives families two years from the date of death to file a wrongful death lawsuit. The deadline runs from the date of death, not the date of the incident that caused it. Florida Statute § 95.11(4)(d) sets this limitation. Missing it typically eliminates the family's right to pursue a claim.
Florida law provides a limited exception for deaths resulting from murder or manslaughter, where the standard two-year limitation may not apply under § 95.11(11), subject to the specific legal circumstances of the case.
Why Does the Filing Deadline Require Families to Act Quickly
A wrongful death claim requires several procedural steps before the lawsuit may even be filed, and each one consumes part of that two-year window:
- Petitioning the probate court to formally appoint a personal representative, which requires filing documents and waiting for court approval
- Gathering the deceased person's financial records, employment history, and medical records to calculate the full scope of damages for each survivor
- Retaining economic and vocational consultants who project the lifetime value of lost support, lost net accumulations, and other recoverable losses
- Investigating the fatal incident, preserving physical evidence, and identifying every liable party and applicable insurance policy
Reaching out to a wrongful death attorney in Broward County as early as possible protects both the evidence and the family's ability to file before the deadline runs out.
FAQs for Broward County Wrongful Death Lawyers
Who can file a wrongful death lawsuit in Florida?
Only the personal representative of the deceased person's estate may file. The personal representative is either named in the deceased's will or appointed by the probate court. Individual family members may not bring separate claims on their own.
How long do I have to file a wrongful death lawsuit in Broward County?
Two years from the date of death under Florida Statute § 95.11(4)(d). Missing this deadline typically eliminates the family's right to pursue a claim. Deaths resulting from murder or manslaughter may not be subject to the standard two-year limitation.
How much does a wrongful death lawyer near me in Broward County charge?
We take all wrongful death cases on contingency. Your family pays zero upfront and owes no fees unless we secure compensation. The first consultation is free and entirely confidential.
What compensation is available in a Florida wrongful death case?
Survivors may recover damages for lost financial support, loss of companionship and guidance, and mental pain and suffering. The estate may separately recover the deceased person's lost earnings and prospective net accumulations. The specific damages depend on each survivor's relationship to the person who died.
What types of incidents lead to wrongful death claims in Broward County?
A wrongful death claim may arise from any incident caused by another party's negligence, recklessness, or intentional conduct. Common examples include fatal car, truck, and motorcycle crashes, medical malpractice, defective products, workplace accidents, and premises liability incidents.
Do I need a wrongful death attorney to file a claim in Broward County?
Filing a wrongful death claim in Florida requires opening a probate estate, appointing a personal representative, and navigating a statute that limits which family members recover which types of damages. We coordinate both the probate and litigation processes and take every case on contingency. Your family pays nothing unless we secure a recovery.
What if my family member was partly at fault for the accident that killed them?
Florida's comparative fault rule reduces the recovery by the deceased person's share of responsibility. If your loved one's fault does not exceed 50%, the surviving family members may still recover a proportional share of damages. If the deceased's fault exceeds 50%, the claim is barred entirely under § 768.81(6).
If your wrongful death claim involved a car accident, understanding these limits is critical—explore this comprehensive guide to navigating Florida's no-fault system to see how insurance coverage and liability truly work.
How long does a wrongful death case typically take to resolve?
Timelines vary. Some wrongful death claims in Broward County resolve through negotiation within several months, while others proceed through discovery, depositions, and trial over a year or more. The timeline depends on the number of defendants, the complexity of the liability evidence, and whether the insurance carrier offers a fair resolution or forces litigation.
Take Action with Broward County Wrongful Death Lawyers at Miller & Jacobs
The two-year filing deadline begins running from the date your family member died, and the probate process that must happen before the lawsuit may even be filed consumes a significant portion of that time. Meanwhile, the party responsible for the death and their insurance carrier are already building a defense and preparing arguments to minimize liability.
We have recovered more than $150 million for clients across Broward County, Fort Lauderdale, Pompano Beach, and the rest of Florida. Former prosecutors Mark Miller and Rick Jacobs bring a combined 230-plus jury trials to every case. Every wrongful death claim runs on contingency. Call (954) 784-2277 today for a free and confidential consultation.
This page provides general information about Florida wrongful death law and is not legal advice. Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts and circumstances involved.