Wrongful Death Lawyers Who Stand With Your Family
No lawsuit can undo the loss of someone you love. What a wrongful death claim can do is hold the responsible people and companies accountable, and give your family the financial stability to grieve and rebuild.
Since 2014, The Injury Advocates has represented Florida families after fatal truck and car crashes, motorcycle accidents, and police shootings. We handle the investigation, the insurers, and the court deadlines, so your family can focus on each other.
What Is a Wrongful Death Claim?
Under Florida’s Wrongful Death Act, a claim arises when a person dies because of another party’s negligence, wrongful act, or default, and the person could have brought an injury claim had they survived. Common causes include:
Who Can File, and Who Can Recover?
In Florida, the claim is filed by the personal representative of the person’s estate, on behalf of the estate and the surviving family members. Survivors who may recover include the spouse, children, and parents. Other blood relatives and adoptive siblings may recover if they were partly or wholly dependent on the person for support.
What Damages Are Available?
Family members may recover:
The estate may recover lost earnings from the date of injury to death, the earnings the person likely would have saved over their lifetime, and medical and funeral expenses the estate paid.
Florida limits some damages in medical negligence deaths. Adult children aged 25 or older and parents of an adult child cannot recover pain-and-suffering damages in those cases. Efforts to repeal that rule failed in 2025 and 2026, so it is still the law.
How Long Does a Family Have to File?
Generally two years from the date of death. Claims against a government agency require written notice before suit, and medical negligence claims require a pre-suit investigation period. Evidence also disappears quickly, so it is best to call early.
After a sudden death, families face funeral costs, lost income, probate, and calls from insurance adjusters, all while grieving. You do not have to face it alone. We deal with the insurers, the investigation, and the court process, and we keep you informed at every step.
Why Families Choose The Injury Advocates
Generally two years from the date of death. Claims against a government agency require written notice before suit, and medical negligence claims require a pre-suit investigation period, so it is best to talk with a lawyer early.
The personal representative of the person’s estate files the claim, on behalf of the estate and the surviving family members. Survivors who may recover include the spouse, children, and parents, and in some cases other dependent relatives.
No. A criminal case is brought by the state to punish the wrongdoer. A wrongful death claim is a civil case brought for the family’s losses. A family can pursue a civil claim even if no criminal charges are filed, or if a criminal case ends in an acquittal.
Usually, yes. Florida requires a personal representative to bring the claim, and a probate court appoints that person. We can help coordinate this so the claim is filed on time.
Florida’s statute sets out what each survivor may recover. Amounts for survivors are paid to them directly, and amounts for the estate go through the estate. The personal representative handles the process.
Talk to us about your family’s case. The evaluation is free and confidential. Call 833-DARFOOR, 24 hours a day.
