Answers after a loss in Fort Lauderdale

Fort Lauderdale Wrongful Death Lawyer

After a death, a family may need answers while facing arrangements, bills, and unfamiliar legal paperwork.

Miller & Jacobs helps families examine whether another party's wrongful conduct caused the loss, who has authority to bring the claim, and which survivor or estate losses the law recognizes. An initial call can begin with the circumstances you know.

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

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A place to begin

You can start with what you know.

Save the documents you have, including the death certificate if available, report information, and correspondence from insurers or a facility. You do not need to organize every expense or resolve every family question before asking how a potential claim would proceed.

You do not have to decide who was at fault, open an estate, or gather every record before calling. Our Fort Lauderdale 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.

The early discussion should clarify the event, the estate, and the documents that may disappear. It does not require the family to decide on a settlement value or provide a finished account of every consequence of the loss.

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.”

If relatives live outside Florida, identify who is handling the estate and how the family wishes to communicate. A lawyer can explain the legal roles while respecting that grief and decisions about representation do not follow a predictable schedule.

Who can bring a claim

One person files, but the claim may account for several family members.

The person who brings the case is not necessarily the only one with a loss. Florida requires a personal representative to bring the wrongful death action for eligible survivors and the estate. That role does not make every loss theirs personally.

The filing role

Personal representative

Under Florida section 768.20, the personal representative brings the wrongful death action for survivors and the estate. If no representative has been appointed, explain that at the consultation. Probate authority and the injury investigation are related but separate legal tasks.

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.

What must be preserved? Vehicle evidence, surveillance, facility records, electronic data, and witness recollections can be important. A lawyer can assess appropriate preservation steps. Keeping original documents and noting who holds missing material is useful while the family handles immediate arrangements.

What the law may recognize

The law separates who benefits from who files.

Florida defines survivors in section 768.18 and provides different damage categories in section 768.21. Relationship, age, dependency, and the circumstances of the death affect the analysis. The same category is not available to every relative.

Survivors may have losses of their own

Support and services

Lost support and services may require evidence of income, benefits, contributions, household work, and the relationship involved. Family records can help explain those contributions. The calculation must identify whose loss is being claimed and avoid counting the same contribution twice.

Companionship and emotional loss

A spouse, child, or parent may have particular rights depending on the statute and facts. Medical-negligence deaths have additional restrictions for certain relatives. We review eligibility before assuming that every family member can recover the same emotional-loss damages.

Medical, funeral, and estate losses

The law distinguishes expenses paid by a survivor from expenses charged to the estate and sets conditions for estate recovery. Save bills and payment records. Life-insurance proceeds, probate assets, and wrongful death damages involve different legal questions.

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 right claim

A civil claim examines conduct and causation.

A fatal event may involve a crash, dangerous property, a product, or another alleged wrongful act. The governing duties and evidence vary. A criminal investigation does not automatically prove or replace the civil claim.

The evidence

The event and the duty

We look at what the defendant was required to do, what happened, and the available evidence of a breach. For a business or facility, ownership and operating records may identify the entity with relevant responsibility rather than the name used on a sign.

The responsibility

The connection to the death

Medical records and appropriate expert review may be needed to establish causation. Timing alone does not answer the question. If a prior condition or later complication is raised, the claim needs evidence addressing how the alleged conduct contributed to the death.

The legal review

The fault dispute

In negligence actions covered by Florida comparative-fault law, responsibility attributed to the deceased can affect recovery, including a bar above 50% fault. The applicable theory matters. We evaluate the underlying evidence rather than accept an insurer's allocation as final.

The legal calendar. The time needed for grief, probate, or an agency investigation can differ from the time allowed for a lawsuit. The first review should identify the applicable dates and defendants rather than wait for every other process to end.

The legal calendar

Preserve options while the investigation develops.

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.

The ordinary period

Florida's limitations statute generally provides two years for wrongful death. Exceptions and other legal frameworks can matter, including certain intentional acts and maritime events. Do not assume an unfinished criminal case or estate proceeding extends the deadline.

An insurer's proposal

Read a proposed release before signing. Identify whose rights it affects, what authority is needed, and whether additional claims or defendants are involved. Settlement approval or distribution issues can require separate review, especially when minors or an estate are involved.

Local claim resources

Our Fort Lauderdale injury overview explains the wider civil process. You can bring report information and unanswered questions to a consultation. The firm will assess whether it can help with the matter; representation is not automatic.

The people behind the firm

The partners serving Fort Lauderdale.

Partners Mark J. Miller and Rick S. Jacobs serve Fort Lauderdale 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

Fort Lauderdale wrongful death questions

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

Who files a wrongful death lawsuit in Florida?

The personal representative files the action on behalf of the survivors and the estate. A relative's right to benefit from a claim is different from authority to file it. If no appointment has been made, a consultation can identify the probate and investigation issues that need attention.

Can an adult child recover for a parent's death?

Eligibility and damage categories depend on the statute, the child's circumstances, and the cause of death. Medical-negligence cases have specific restrictions affecting certain adult children and parents. Do not assume all relatives have identical rights; the family relationships and relevant ages should be reviewed.

Must there be a criminal conviction first?

A civil wrongful death claim does not ordinarily require a criminal conviction. Civil and criminal proceedings use different legal standards and serve different purposes. Evidence from an investigation may be useful, but the civil claim still needs proof of the applicable elements.

What if our family lives outside Florida?

Tell us where the death occurred, where the deceased lived, and whether an estate has been opened. Those facts can affect jurisdiction, authority, and the governing law. Living elsewhere does not automatically prevent a Florida-related claim, but the correct filing route requires review.

Do funeral bills belong to the family or the estate claim?

Florida law distinguishes who paid or owes the expenses and which damages category applies. Keep the invoices and proof of payment. The same bill should not be recovered twice. A legal review can also distinguish those losses from unrelated probate or insurance benefits.

How long does a wrongful death claim take?

There is no reliable universal timetable. The authority to act, available evidence, medical causation, responsible parties, and litigation needs affect the process. An initial consultation can clarify the next steps and deadlines without promising a quick resolution or a particular payment.

Related Fort Lauderdale guidance

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

Fort Lauderdale injury overview → Catastrophic Injury claims → Premises Liability claims → Dog Bite claims → Boating Accident claims →