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 Victims
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.
