Losing a loved one is devastating. When that loss is caused by someone else’s negligence or reckless behavior, the pain can feel even more overwhelming. At Darfoor Law Firm, we understand how difficult this time can be. That’s why we’re committed to helping families pursue justice through wrongful death lawsuits.
If you’re considering legal action after the loss of a loved one, here’s what you need to know.
What Is a Wrongful Death Lawsuit?
A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another individual, business, or entity. This includes:
- Fatal car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Unsafe premises
- Criminal acts
Unlike criminal charges filed by the state, a wrongful death lawsuit is a civil action brought by the family of the deceased to seek compensation for their loss.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, the personal representative (executor) of the deceased’s estate is the one who files the claim. However, the lawsuit is filed on behalf of surviving family members, including:
- Spouse
- Children (minor and adult)
- Parents
- Blood relatives or adoptive siblings who were financially dependent on the deceased
What Compensation Can Be Recovered?
Wrongful death compensation is designed to cover both financial and emotional losses. It can include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of income and future earnings
- Loss of companionship and support
- Pain and suffering for surviving family members
In some cases, punitive damages may also be awarded if the conduct was especially egregious or intentional.
How Long Do You Have to File?
Florida’s statute of limitations for wrongful death cases is two years from the date of death. Missing this deadline typically means the case cannot be brought to court.
Why You Need an Attorney
Wrongful death cases are emotionally taxing and legally complex. Proving liability and calculating fair compensation requires in-depth investigation, expert testimony, and legal experience.
At Darfoor Law Firm, we:
- Handle all legal paperwork and court filings
- Gather critical evidence and work with specialists
- Stand up to insurance companies and opposing counsel
- Offer compassionate support throughout the process
Final Thoughts
No amount of money can replace a loved one. But a wrongful death claim can help bring justice, accountability, and financial security during a time of loss.
If you’ve lost a loved one due to someone else’s actions, don’t navigate this alone.
Contact Darfoor Law Firm for a free consultation. We’re here to help your family find answers and fight for the justice you deserve.
Wrongful Death vs. a Survival Action
Families are often surprised to learn there are two related but distinct claims after a fatal accident. A wrongful death action compensates the survivors — the spouse, children, or other dependents — for their own losses, like lost support and companionship. A survival action (Fla. Stat. § 46.021) is a separate claim that belongs to the deceased person’s estate, covering the pain, suffering, and medical expenses the victim endured between the injury and death, however short that time was. Both can often be pursued together, and an experienced attorney will make sure neither is overlooked. For a deeper look at exactly who has standing to bring these claims and how any recovery is divided among survivors, see our full guide to filing a Florida wrongful death lawsuit.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.), a member of The Florida Bar since 2014, and a Plantation-based personal injury attorney representing seriously injured people and their families across Fort Lauderdale, Broward County, and South Florida. This content is for general information and is not legal advice.
