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Wrongful Death Claims: Justice for Families Left Behind

Legally reviewed by Attorney Kweku Darfoor, Esq., founder of The Injury Advocates

Illustration for the article "Wrongful Death Claims: Justice for Families Left Behind" from The Injury Advocates

Losing a loved one is always painful, but it’s especially devastating when the loss is caused by someone else’s negligence or misconduct. In Florida, families have the right to pursue a wrongful death claim to hold the responsible parties accountable and recover damages for their loss. Understanding how these claims work can help families navigate this difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when a person dies as a result of another party’s negligence, recklessness, or intentional actions. These claims aim to provide financial support to the surviving family members and bring a measure of justice for their loss.

Common scenarios include:

  • Fatal car accidents caused by drunk or distracted drivers
  • Medical malpractice resulting in death
  • Workplace accidents due to unsafe conditions
  • Defective products or dangerous consumer goods
  • Criminal acts leading to death

Who Can File a Wrongful Death Claim in Florida?

Florida’s Wrongful Death Act outlines who may bring a claim. Typically, the personal representative of the deceased’s estate files the lawsuit on behalf of:

  • The surviving spouse
  • Children
  • Parents
  • Other dependents or beneficiaries

Damages Available in a Wrongful Death Case

Compensation in a wrongful death claim can include:

  • Medical and funeral expenses
  • Loss of the deceased’s income and future earning capacity
  • Loss of companionship, guidance, and support
  • Pain and suffering experienced by surviving family members
  • Punitive damages in cases of gross negligence or intentional harm

Statute of Limitations in Florida

In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. Missing this deadline can bar the family from pursuing compensation, so it’s important to act quickly.

Proving a Wrongful Death Claim

To succeed in a wrongful death lawsuit, the plaintiff must show:

  1. The defendant had a duty of care toward the deceased.
  2. The defendant breached that duty through negligence or intentional conduct.
  3. The breach directly caused the death.
  4. Surviving family members suffered damages as a result.

Evidence may include accident reports, medical records, expert testimony, and witness statements.

How Darfoor Law Firm Can Help

At Darfoor Law, we know that no amount of money can replace a loved one. But we also understand the financial and emotional toll wrongful death can have on a family. We handle every aspect of the case—from investigating the cause of death to negotiating or litigating for maximum compensation—so families can focus on healing.

If you’ve lost a loved one due to someone else’s negligence, contact Darfoor Law today for a free consultation. We’re here to fight for justice on your behalf.

Legally reviewed by Kweku Darfoor, Esq. · Updated October 2, 2026
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.

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