Wrongful Death Attorney

Florida practice area
$600M
Recovered for Clients
9,000+
Cases Won
30+
Years Experience
1,000+
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What is wrongful death law in Florida and why do you need an attorney for it

When someone’s negligence or recklessness leads to the death of a loved one, it can leave family members with feelings of anger and sadness. While no amount of money can make up for such a loss, wrongful death laws allow surviving family members to seek financial compensation for their pain and suffering.

However, navigating the legal system over those circumstances can be complicated and overwhelming. That’s why it’s important to hire an experienced lawyer for wrongful death who specializes in this area.

An attorney for wrongful death can:

  • Investigate the circumstances of the death.
  • Discuss your relationship with the dead person.
  • Gather evidence.
  • Ensure that responsible parties are held accountable.
  • Negotiate with insurance companies on behalf of the deceased’s family.
  • Request for fair compensation for funeral expenses, loss of income, and emotional distress.

Choosing the right lawyer is crucial in seeking justice for a wrongful death case. Don’t go through it alone; hiring a specialized wrongful death law firm could make all the difference.

Are you authorized by Florida Statutes to file a wrongful death lawsuit?

According to the 768.21 Florida Statute, to file a wrongful death lawsuit, you must have been a close relative of the deceased person. As the term “close relative” is ambiguous, your wrongful death lawyer will need to determine your relationship before presenting the lawsuit.

For instance, you may be able to file if you are:

  • Spouse
  • Son or daughter
  • Parent
  • Adoptive relative or other dependent blood.
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Your Questions Answered

What is the average wrongful death settlement in Florida?

The average wrongful death settlement in Florida is around $500,000 to 1 million. However, keep in mind that each case is unique and the amount of compensation depends on the circumstances discussed in that case.

It may depend on:

  • The victim, the victim’s family, and the estate damages.
  • The victim’s role in contributing to the accident. (In Florida, a victim’s damage award is reduced by one percent for every percent of fault that the court attributes to the victim.)
  • Your insurance policy.
  • The defendant’s economic availability.

Yes, you can. According to the Florida Statutes, if somebody died due to someone else’s negligence, their representative must file a wrongful death claim. This could be anyone listed in the deceased person’s estate plan or will. If there is no mention of anyone, then the court will appoint a representative.

You should gather three indisputable elements for proving a wrongful death in Florida:

  1. Show that it was the defendant’s responsibility to act reasonably and follow rules to avoid damages.
  2. Demonstrate that the defendant did not uphold the duty of care they were obligated to.
  3. Establish a close relationship between the defendant’s negligence and the deceased death

Florida’s law establishes a two-year limitation period from the date of the death. Still, in some specific cases, your attorney for wrongful death can consider other parameters:

  • Government fault: The case follows a different process with special filing procedures. Notification requirements must be completed within three years, and the statute of limitations is extended to four years.
  • Homicide: The two years period may begin on the date that law enforcement identifies or arrests the person responsible.
  • Medical malpractice: Family members have two years from the day they found out the cause of death to file the lawsuit.

What Makes LaBovick Different?

Free Case Evaluation

Pay Nothing Until We Win

Community-Committed

We Are Warriors for Justice™

One Team from Start-to-Finish

Family-Run, Treating You Like Family

Serving Florida Communities

If you know Brian and Esther, you know that family is their number one priority. They are very close with their entire family and for 30 years have been building a firm based on those family values. When you speak to the team members at LaBovick Law Group they will often reference the most important aspect of the company is that everyone is treated like family.

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Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.