Losing someone you love is painful under any circumstances. When a death is caused by another person’s negligence, recklessness, or intentional conduct, families are often left coping with grief while also facing financial strain and unanswered questions. Many families struggle with the reality that the death could have been prevented.
The Fort Lauderdale wrongful death lawyers at Miller & Jacobs Accident Attorneys represent surviving family members across Broward County in wrongful death claims arising from preventable fatalities. Our firm helps families pursue accountability and compensation under Florida law while they focus on their personal lives.
If your family has suffered this type of loss, contact Miller & Jacobs for a free and confidential consultation to discuss your legal options.
How Miller & Jacobs Supports Families Pursuing Wrongful Death Claims in Fort Lauderdale
Wrongful death cases are among the most emotionally demanding and legally complex matters in personal injury law. Miller & Jacobs Accident Attorneys bring more than 50 years of combined experience to these cases, and the firm has recovered a $25 million wrongful death verdict among the over $150 million they have secured for injured clients throughout South Florida.
Former Prosecutors Who Understand High-Stakes Litigation
Founding attorneys Mark J. Miller and Rick S. Jacobs both served as prosecutors before building their personal injury practice. Between them, they have tried over 230 jury trials. In wrongful death cases, that trial experience matters because insurers and corporate defendants are far more likely to dispute claims unless they believe the case is prepared for trial.
A Local Firm That Meets With Families in Person
The firm's primary office sits in Pompano Beach, just minutes from Fort Lauderdale along Federal Highway, with additional offices in Orlando and Miami. Miller & Jacobs handles all wrongful death cases on a contingency fee basis, so your family pays nothing upfront and owes nothing unless the firm recovers compensation on your behalf.
Who May File a Wrongful Death Lawsuit in Fort Lauderdale?
Florida's Wrongful Death Act, codified in Florida Statutes 768.16 through 768.26, provides the legal framework for wrongful death claims. Unlike many other types of personal injury cases, a wrongful death lawsuit in Florida must be filed by one specific person.
The Role of the Personal Representative
Under Florida Statute 768.20, the personal representative of the deceased person's estate is the only party authorized to bring a wrongful death action. This representative files the lawsuit on behalf of all surviving family members and the estate itself.
If the deceased person had a will, the personal representative named in that will typically fills this role. If there was no will, the court appoints a representative.
Before the lawsuit may proceed, a probate estate must be opened in the county where the deceased person resided. This procedural step adds time to the process, which is one reason families benefit from consulting with Fort Lauderdale wrongful death lawyers early.
Survivors Recognized Under the Florida Wrongful Death Act
Florida law defines specific categories of survivors who may benefit from a wrongful death recovery. The survivors recognized under the Act include:
- The surviving spouse of the deceased
- Minor children of the deceased, meaning children under 25 years of age
- Adult children of the deceased, though their recovery rights are more limited
- Parents of the deceased, particularly in cases involving the death of a minor child
- Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services
Each survivor's right to specific types of damages depends on their relationship to the deceased and whether other survivors exist. A Fort Lauderdale wrongful death attorney helps families identify every eligible survivor and the damages available to each.
What Damages May Surviving Family Members Recover?
Florida Statute 768.21 spells out the types of damages available in a wrongful death case, and the categories vary depending on the survivor's relationship to the deceased. This structure makes Florida's wrongful death law more detailed than many families expect.
Damages Available to Individual Survivors
Depending on the specific family situation, survivors may pursue compensation for:
- The value of the financial support and services the deceased would have provided, calculated from the date of injury and projected into the future, and reduced to present value
- Lost companionship, guidance, and protection, available to the surviving spouse and minor children
- Mental pain and suffering, available to the spouse, minor children, and parents of a deceased minor child
- Medical and funeral expenses paid by a survivor on behalf of the deceased
- Lost parental companionship, instruction, and guidance for minor children and, if there is no surviving spouse, for all children regardless of age
These categories are not open to every family member equally. For example, adult children may only recover mental pain and suffering damages if there is no surviving spouse.
In medical negligence cases, adult children and parents of adult children face even further restrictions under subsections (8) of the statute. The law's structure makes it particularly important for families to work with attorneys who understand how damages are allocated under the Florida Wrongful Death Act.
Damages Recoverable by the Estate
The personal representative may also recover damages on behalf of the estate itself. The categories of estate-level damages under Florida Statute 768.21 include:
- Loss of the deceased's earnings from the date of injury through the date of death, minus lost support of survivors
- Loss of the prospective net accumulations the estate would have gained if the death had not occurred, reduced to present value
- Medical expenses related to the final injury or illness that became a charge against the estate
- Funeral and burial expenses that the estate or a survivor paid
These estate-level damages are subject to creditor claims under Florida probate law, unlike the damages awarded directly to individual survivors. The distinction between survivor damages and estate damages affects how funds are distributed and who ultimately receives the compensation, which makes accurate identification of all beneficiaries a priority from the start of the case.
What Situations Give Rise to Wrongful Death Claims in Fort Lauderdale?
A wrongful death claim may arise whenever a person dies because of another party's negligent act, default, or breach of duty. The Fort Lauderdale area and greater Broward County see wrongful death claims stemming from a wide range of preventable incidents.
Common Causes of Wrongful Death in Broward County
The types of events that most frequently lead to wrongful death lawsuits in South Florida include:
- Fatal motor vehicle crashes on I-95, I-595, Sunrise Boulevard, and other heavily traveled Broward County roadways
- Pedestrian and bicycle deaths in high-traffic areas near Fort Lauderdale Beach and downtown
- Nursing home negligence resulting in a resident's death from falls, infections, or failure to provide adequate care
- Medical errors, including surgical mistakes, misdiagnosis, and medication errors
- Workplace accidents, particularly in construction and industrial settings
Florida's stated legislative intent behind the Wrongful Death Act is to shift losses resulting from a wrongful death away from the surviving family and onto the person or entity responsible. That policy goal is only fulfilled when families are able to pursue legal action against the party responsible.
What Is the Deadline to File a Wrongful Death Claim in Fort Lauderdale?
Under Florida Statute 95.11, the statute of limitations for most wrongful death claims is two years from the date of death. This deadline applies regardless of when the underlying injury occurred.
Why the Two-Year Window Moves Quickly
Two years may seem adequate on the surface, but wrongful death cases involve layered procedural requirements that consume time. Several steps must happen before the lawsuit itself may even be filed:
- Opening a probate estate in the county where the deceased person resided
- Appointing a personal representative through the probate court if one was not named in a will
- Collecting and reviewing medical records, accident reports, and other evidence related to the cause of death
- Retaining appropriate professionals to evaluate whether the death resulted from another party's negligence
- Identifying all potentially responsible parties, including corporate entities, insurers, and individual defendants
In cases involving government entities, the timeline may be even shorter because Florida's sovereign immunity statute imposes separate notice requirements and deadlines. Contacting Fort Lauderdale wrongful death lawyers promptly after the loss gives your family the time needed to complete each of these steps without jeopardizing the claim.
What Happens If the Deadline Passes
If the statute of limitations expires before a wrongful death lawsuit is filed, the family generally loses the right to pursue the claim. In some cases, surviving family members may have legal recourse if a personal representative fails to investigate and file the claim within the required timeframe. This underscores why both the selection of the personal representative and the timing of legal consultation matter so much.
FAQs for Fort Lauderdale Wrongful Death Lawyers
Who qualifies as a survivor under Florida's Wrongful Death Act?
Florida Statute 768.18 defines survivors as the deceased person's spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services. Each survivor's right to recover specific damages depends on their relationship to the deceased and whether other categories of survivors exist.
What is the difference between survivor damages and estate damages in a Florida wrongful death case?
Survivor damages, such as lost companionship and mental pain and suffering, are awarded directly to individual family members and are not subject to the estate's creditor claims. Estate damages, such as lost earnings and net accumulations, go to the estate and may be subject to creditor claims. The distinction affects how much of the recovery each family member ultimately receives.
Can more than one family member receive compensation in a Florida wrongful death case?
Yes. While only the personal representative files the lawsuit, compensation may be awarded to multiple surviving family members. Each survivor’s eligibility and share of damages depend on their relationship to the deceased and the types of damages allowed under Florida’s Wrongful Death Act.
Do I need to open a probate case to file a wrongful death lawsuit in Florida?
Yes. Florida law requires a probate estate to be opened so a personal representative can be appointed before a wrongful death lawsuit may be filed. This is a required step even though the claim is brought for the benefit of surviving family members.
What if my loved one was partly at fault for the accident that caused their death?
Florida's modified comparative negligence standard under Florida Statute 768.81 applies to wrongful death claims. If the deceased was found more than 50 percent at fault, the family may not recover any damages. If the deceased's share of fault was 50 percent or less, the recovery is reduced proportionally.
Take the Next Step With Fort Lauderdale Wrongful Death Lawyers at Miller & Jacobs
No legal claim replaces the person your family lost. But the Florida Wrongful Death Act exists specifically to shift the financial burden of a preventable death away from the surviving family and onto the party whose actions caused it. That right has a deadline, and every day that passes brings your family closer to it.
Miller & Jacobs Accident Attorneys have the courtroom experience, the former-prosecutor preparation, and the record of results to fight for Fort Lauderdale families facing the hardest chapter of their lives. The firm's $25 million wrongful death verdict reflects the seriousness they bring to these cases.
Contact Miller & Jacobs today for a free consultation. Your family's future may depend on the steps you take now.