Florida Wrongful Death Lawyer

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If you have lost a loved one because of the actions of others, we invite you to contact our Florida wrongful death attorneys. Maderal Byrne & Furst PLLC is a team of experienced attorneys pursuing compensation for families. Contact us today to talk about your case.

Attorneys for Wrongful Death in Florida

Losing a loved one is devastating. When the death was preventable, it can be even more excruciating. Our Florida wrongful death attorneys seek answers, justice, and compensation for the families we serve.

We represent clients throughout Florida. Having a team of experienced, accomplished litigators representing you can give you peace of mind.

Maderal Byrne & Furst’s team includes former federal prosecutors. We believe that you deserve legal representation of the same caliber as the attorneys for the insurance companies and large corporations that you will be up against. That’s why we have dedicated our practice to helping litigants in complex cases like wrongful death.

Experienced Legal Representation for Families and VictimsFlorida Wrongful Death Lawyer

Some reasons people choose us for their Florida wrongful death claims are:

  • Experienced litigators pursuing both trial judgments and settlements. We have tried dozens of jury trials. We’ve also argued before federal courts of appeals. This experience means we can build your case and work to resolve it in the way that is best for you.
  • Representing residents and visitors to Florida. Whatever the reason your case is connected to the State of Florida, you are a valued member of our community, and we want to help.
  • Commitment to leadership and groundbreaking litigation. We never back down. We diligently investigate, build the evidence and capably handle legal procedures with a strategy that is custom to your case.
  • Children and adults are both represented. Surviving family members are spouses, parents, children, and other dependents. We honor your relationship with your lost loved one by protecting your rights.
  • Honors and awards including Top 100 – National Trial Lawyers, Top 25 Lawyers – Product Liability, Top 40 Under 40 – The National Trial Lawyers, and certified members of the Million Dollar Advocates Forum – The Top Trial Lawyers in America. Honors reflect our success in advocating for clients in Florida, the United States, and beyond.

Representing children and adults

When survivors are minor children, a wrongful death case needs special attention. We are sensitive to the unique needs of children and their right to pursue compensation for lost care, guidance, and parenting available under the law. Our law firm handles cases involving both minor child and adult survivors.

To see how we can help you, and to start your case today, contact our wrongful death attorneys by phone, email, or by visiting our Florida offices.

Examples of Wrongful Death Cases

What is a wrongful death case?

A wrongful death is when a death occurs because of negligence or a wrongful act. If the person could have brought their own claim if they had lived, the person responsible is still liable for damages.

What are some types of wrongful death cases?

Here are some types of cases that our Florida wrongful death attorneys may assist you with:

  • Car accidents
  • Truck and commercial vehicle accidents
  • Crashes that are the fault of a drunk driver
  • Dangerous products, product liability
  • Defective drugs and pharmaceuticals, dangerous medical devices
  • Slip and falls, dangerous conditions on the property
  • Medical malpractice
  • Animal attacks
  • Toxic exposure and chemical poisoning
  • Intentional acts, homicide
  • Other personal injuries

Wrongful deaths occur in many ways. What they have in common is that someone else was responsible. It may be a motor vehicle accident, slip and fall, medical malpractice, or even toxic exposure. The defendant committed an act or omission that was legally wrongful or negligent, and a death resulted.

We have the skills and experience to represent you. To learn more, contact our law firm today for your consultation.

How Long Do You Have to File a Wrongful Death Claim in Florida?

Florida statutes § 95.11(4)(d) imposes a two year statute of limitations on a wrongful death claim in Florida. The two year deadline applies in most cases, but there are important exceptions.

The Florida wrongful death statute of limitations applies from the date of death. Generally, beneficiaries have two years from the date of death to file their claim.

Exceptions to the Florida Wrongful Death Statute of Limitations

Delayed discovery in medical malpractice claims

There may be a situation where medical malpractice is not discovered until some time after the person dies. Survivors may know only that the death occurred. They may not have a reason to suspect medical malpractice until some time later. In circumstances of delayed discovery, beneficiaries may file the claim within two years of discovery of the malpractice or within two years of when reasonable diligence would have uncovered the malpractice. In any event, there is a total four year time limit to file a medical malpractice wrongful death claim.

Note: The delayed discovery rule applies only to medical malpractice wrongful death. It does not apply to product liability claims.

Out of state defendant

The statute of limitations does not run when the defendant is absent from the state.

False name/concealment to avoid service

The statute of limitations does not run if the defendant is using a fake name or hiding to avoid service.

Government defendants

When the defendant is a state or local unit of government, beneficiaries have two years to submit a notice of the intent to file a claim. The defendant government entity has 180 days to respond before the victim can formally file their lawsuit.

Death of the defendant

If the defendant dies while the case is pending, the plaintiff has only 90 days to motion the court. They must substitute the defendant’s personal representative as the new defendant.

It is important to begin working on your case right away. But do not assume that it is too late. Our lawyers can evaluate the situation and look at all possibilities to bring a claim on your behalf.

Contact us for a personalized consultation about your situation.

Compensation for Families of Wrongful Death Victims

Who qualifies to bring a wrongful death claim in Florida?

You may qualify for wrongful death compensation in Florida if you are the:

  • Spouse
  • Child
  • Parent
  • Other dependent

of the deceased. Each person can receive compensation specific to their losses in relation to the loved one.

What compensation is available for a wrongful death case in Florida?

Compensation payable for wrongful death in Florida includes:

  • Wages, unearned income
  • Benefits that would have been earned through work, like health insurance
  • Lost inheritance
  • Last medical expenses
  • Funeral and burial expenses, recovered by the person who paid them
  • Care, protection, and parental guidance provided to minor children
  • Lost support and services, from the date of injury to death and in the future
  • Loss of love, companionship, and society
  • Loss of consortium
  • Mental pain and suffering

Compensation may include both the financial and emotional toll of losing a loved one. Of course, for family members, this amount is great.

When our Florida wrongful death attorneys represent clients, we appreciate the great loss that they have suffered. We serve as their leaders and guides in pursuing compensation that reflects the loss they have endured.

How are wrongful death proceeds divided in Florida?

In Florida, the jury returns a separate judgment amount for each person who is a beneficiary of the wrongful death claim. Amounts are awarded to each survivor and the estate. The amounts are stated separately in the verdict. (Florida Statutes § 786.22).

Florida Wrongful Death FAQs

Who may be liable in a wrongful death case?

Parties that may be liable in a wrongful death case are:

  • The driver who makes a driving mistake
  • A person responsible for drunk driving or reckless driving
  • Employer of a negligent driver
  • Commercial drivers who are not sufficiently cautious
  • Vehicle manufacturer who creates a defective vehicle
  • The person responsible for maintaining the safety of their property
  • Professional healthcare providers
  • Corporations that handle dangerous goods and chemicals
  • Companies that manufacture unsafe products
  • Pharmaceutical and medical device companies
  • Government entities and agencies
  • Others who commit wrongful acts

Sometimes, it’s necessary to go beyond the people at the accident scene to determine who may have legal liability for what occurred. For example, a car accident may have underlying causes, like an employer failing to train a driver properly. As part of our representation, we investigate where liability may fall and how to pursue compensation.

Who brings the wrongful death case in Florida?

A wrongful death case in Florida is brought by a decedent’s personal estate. The beneficiaries are the surviving family members and the estate. (Florida Statutes § 768.20).

What is a wrongful death settlement?

A wrongful death settlement is compensation paid by agreement to end a case. Your case may be resolved by a settlement or by going to trial. Our lawyers work to pursue the result that is in your best interests, understanding your personal goals.

What factors affect wrongful death settlements?

There are many factors that may impact the amount of a wrongful death settlement in Florida. Some of these factors have to do with the personal characteristics of the victim and family, while others have to do with the events that caused the death and the legal wrong that occurred.

Factors that may impact a wrongful death settlement include:

  • The victim’s income and the extent to which the beneficiaries relied on the victim financially
  • Evidence of the close relationship between the victim and beneficiary, and the extent of the loss of the relationship
  • Mental anguish associated with the loss of the family member
  • Funeral and burial expenses, if paid by family
  • Last medical expenses, if paid by family
  • Life expectancies of the victim and beneficiaries
  • If the victim was at fault at all for the accident, the strengths of the legal claim and likelihood of winning at trial
  • Whether the defendant engaged in intentional misconduct or gross negligence, which may qualify the claim for punitive damages. (This is rare.)
  • Insurance policy limits and the ability of the defendant to pay damages

Our lawyers can assist you to identify the value of your case, negotiate your settlement or present your case at trial.

How hard is it to prove wrongful death?

Proving wrongful death is like proving other types of negligence cases in that you must prove a wrongful act that creates legal liability, harm that occurred, and causation between the wrongful act and the harm. Our attorneys build the evidence, using expert witnesses and investigations to prove each element.

Ultimately, every case is different. Our attorneys can give you a personalized evaluation at your consultation.

Free Consultation and Case Review

If you have lost a loved one, we are truly sorry. Contact Maderal Byrne & Furst for a free consultation with our Florida wrongful death attorneys.

It may be your first time contacting a lawyer. Reach out by phone, email, message, or stop by our offices. Tell us what has happened and learn about how we may help you. Contact us today.

In The News

Our team of attorneys has been featured in numerous national and international publications for victories in criminal and civil law:

Andrew Elfmont

I have known these lawyers for years and watched their careers as federal prosecutors. There is no firm I would recommend more or rather represent me.

January 3, 2023
Matt Giordano

John is an excellent lawyer and person. He has an excellent track record going back to his days as a federal lawyer. I fully recommend working with him and his team, you’ll be glad you did.

January 3, 2023
Jonathan Armstrong

John Byrne is a highly talented lawyer, very hardworking and experienced, and takes advocacy and his ethical duties seriously

January 5, 2023
Moss Levenson

I have not encountered better legal thinkers and strategists. John has worked many large cases, going all the way back to his time as a federal prosecutor. Excellent in trial.

January 17, 2023

Our Cases

Over 1 Billion Dollars Recovered

$1.12 Billion Building Collapse

More than 1 Billion Dollars awarded to victims and families of victims of the 2021 Surfside Condominiums Building Collapse

$66 Million commercial arbitration

$66 million awarded to our client in a confidential commercial arbitration agreement

$26 Million Ponzi Scheme Class Action

$26 million preliminary class settlement against bank relating to Ponzi scheme

$4 Million Auto Accident

$4 million, record, recovery against Miami-Dade County for infant injured in accident with police cruiser

$3.9 Million Wrongful Death

$3.9 million confidential wrongful death recovery

$2.5 Million Stolen Funds Tracked

$2.5 million in stolen funds tracked to and frozen in Germany on behalf of corporate client

Why Hire Us?

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Recognized leaders in complex litigation who have secured multiple multi-million dollar settlements, and court-appointed leadership positions.
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High-Quality Representation

Your case will be handled by an experienced team of seasoned trial lawyers who have experience prosecuting and defending federal criminal cases as well as litigating national mass-tort matters.
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Constant Communication

Our team will keep you updated on the status of your legal situation throughout the duration of your case. You will always be kept in the loop through every development in your case so that you can make informed decisions.
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Above & Beyond

Our legal team will go above and beyond for your case, ensuring we do everything legally allowed to achieve a favorable result in your case.

Get In Touch

(305) 520-5690

Get in touch with Maderal Byrne & Furst PLLC by calling or using the form below:

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Maderal Byrne and furst updated Logo white

Get In Touch

(305) 520-5690

Get in touch with Maderal Byrne & Furst PLLC by calling or using the form below:

"*" indicates required fields

This field is for validation purposes and should be left unchanged.