Florida Wrongful Death Lawyers Fighting for Your Family’s Justice and Compensation

Losing a loved one to someone else’s negligence is one of the most devastating experiences a family can endure. In Florida, our busy highways, construction sites, medical facilities, and public spaces all create environments where fatal accidents can occur through no fault of the victims or their families. When a death is caused by another party’s careless or wrongful actions, Florida law provides a path to justice and financial recovery for surviving family members.

At RTRLAW, our Florida wrongful death attorneys have been standing beside grieving families for more than 38 years. Since 1988, our legal team has helped tens of thousands of clients navigate some of the most difficult legal processes imaginable and secured hundreds of millions of dollars in compensation for families who lost loved ones through no fault of their own. We work on a contingency fee basis, meaning you pay absolutely nothing unless we win your case.

If you have lost a family member due to another party’s negligence, recklessness, or intentional actions, our compassionate wrongful death attorneys are available 24 hours a day, seven days a week. We will listen to your story, evaluate your claim at no cost, and fight tirelessly to recover every dollar of compensation your family deserves.

What Constitutes Wrongful Death in Florida?

Under Florida’s Wrongful Death Act, specifically Florida Statutes Section 768.19, a wrongful death occurs when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person or company. In straightforward terms, if the deceased person had had grounds to file a personal injury claim had they survived, their surviving family members may have grounds for a wrongful death claim.

Wrongful death claims in Florida can arise from a wide variety of circumstances, including:

• Motor Vehicle Accidents: Car, truck, and motorcycle accidents are among the most common causes of wrongful death claims in Florida. Whether caused by distracted driving, speeding, drunk driving, or commercial truck driver negligence, fatal accidents on Florida’s roads claim thousands of lives each year. RTRLAW has extensive experience handling fatal accident cases across Fort Lauderdale, Orlando, Tampa, Miami, and throughout the state.
• Pedestrian and Bicycle Accidents: Florida consistently ranks among the most dangerous states for pedestrians and cyclists. When a driver fails to yield, runs a red light, or drives recklessly and kills a pedestrian or cyclist, the surviving family has grounds for a wrongful death claim. In one notable case, RTRLAW secured a settlement of nearly $1 million for the family of a father who was struck and killed by a delivery driver while riding his bike at night.
• Slip and Fall and Premises Liability: Property owners have a duty to maintain safe conditions for visitors. When a hazardous condition, such as a wet floor, broken staircase, inadequate security, or pool area danger, leads to a fatal accident, the property owner may be held liable for the resulting wrongful death.
• Medical Malpractice: When a doctor, nurse, hospital, or other healthcare provider’s negligence causes a patient’s death, surviving family members may have a wrongful death claim based on medical malpractice. Florida recently passed SB 616 (2025), also known as the Keith Davis Family Protection Act, which significantly expanded recovery rights for adult children and parents in medical malpractice wrongful death cases.
• Workplace and Construction Accidents: Fatal falls, equipment failures, and other workplace accidents can give rise to wrongful death claims, particularly in Florida’s construction and manufacturing industries. Employers and third-party contractors who fail to maintain safe working conditions may be held accountable.
• Nursing Home Abuse and Neglect: When nursing home staff neglect or abuse a resident and that neglect or abuse causes the resident’s death, the facility and its staff may face a wrongful death lawsuit. Florida’s aging population makes nursing home wrongful death cases unfortunately common, and RTRLAW handles these cases with the care and diligence they demand.
• Product Liability: Defective products, from faulty vehicles to dangerous medical devices, can cause fatal injuries. Manufacturers, distributors, and retailers can all be held accountable through a product liability wrongful death claim.

What Should You Do After Losing a Loved One to Wrongful Death?

The period following a loved one’s death is overwhelming and deeply emotional. However, taking the right steps as soon as possible can make a meaningful difference in your family’s ability to recover compensation. Here is what we recommend:

1. Preserve All Available Evidence: If the death occurred in an accident, try to preserve photographs, videos, police reports, and any other documentation of the scene and circumstances. If medical negligence is involved, request copies of all medical records as soon as possible. Evidence can disappear quickly, and prompt action helps ensure that critical information is preserved for your case.
2. Avoid Contact with the At-Fault Party’s Insurance Company: Insurance companies may contact surviving family members immediately after a death, sometimes offering quick settlement amounts. Before speaking with any insurance representative or accepting any settlement offer, consult with a wrongful death attorney. Insurance adjusters work for the insurance company and are trained to minimize payouts, not to protect your family’s interests.
3. Open an Estate: Under Florida law, a wrongful death claim must be filed by the personal representative of the deceased’s estate. If your loved one did not have a will naming a personal representative, the family will need to work with the probate court to appoint one. An experienced attorney can guide the family through this process while simultaneously preparing the wrongful death claim.
4. Contact a Florida Wrongful Death Attorney Immediately: Florida Statutes Section 768.19 imposes a statute of limitations on wrongful death claims. Generally, you have two years from the date of death to file a wrongful death lawsuit in Florida. Waiting too long can permanently bar your family from recovering any compensation, so it is critical to consult an attorney as soon as possible after the loss.
5. Document Your Losses: Keep records of all expenses related to your loved one’s death, including medical bills, funeral and burial costs, and any lost income your family has experienced as a result of the loss. Your attorney will need this information to calculate the full extent of your damages.

At RTRLAW, we understand that no amount of money can replace your loved one. However, financial compensation can help your family cover the real economic costs of the loss and hold the responsible party accountable. Our team will guide you through every step of the legal process with compassion and legal expertise built over 38 years of service to families across Florida, Texas, Michigan, Louisiana, and Massachusetts.

Who Can File a Wrongful Death Claim in Florida?

Florida’s Wrongful Death Act, specifically Florida Statutes Section 768.20, provides clear guidance on who can bring a wrongful death lawsuit. Under Florida law, the claim must be filed by the personal representative of the deceased person’s estate. The personal representative then acts on behalf of the estate and the deceased’s surviving family members, known as survivors.

Florida law identifies the following categories of survivors who may be entitled to compensation in a wrongful death case:

• • Surviving Spouse: The surviving spouse has the right to recover damages for loss of companionship, protection, mental pain and suffering, and loss of the deceased’s services and support.
• • Minor Children: Minor children of the deceased can recover damages for loss of parental companionship, instruction, guidance, and mental pain and suffering. Children under 25 may also be eligible for certain recovery under Florida law.
• • Adult Children: Historically, adult children had limited rights to non-economic damages in Florida wrongful death cases, particularly those involving medical malpractice. The 2025 Keith Davis Family Protection Act (SB 616) significantly expanded these rights, allowing adult children and parents to recover non-economic damages in medical malpractice wrongful death cases.
• • Parents: If the deceased left no surviving spouse or minor children, the parents of the deceased may be entitled to recover damages, including mental pain and suffering and loss of companionship.
• • Other Dependents: Blood relatives or adoptive siblings who were wholly or partially dependent on the deceased for support or services may also be eligible for certain types of recovery.

Understanding who qualifies to recover and in what amounts can be complex, as it depends on the specific circumstances of the death, the relationships involved, and the category of negligence that caused the death. The experienced wrongful death attorneys at RTRLAW can review your family’s specific situation and help you understand all of your rights under Florida law.

What Damages Can Be Recovered in a Florida Wrongful Death Claim?

Florida Statutes Section 768.21 outlines the types of damages available in a wrongful death case. These damages are intended to compensate both the estate and surviving family members for the losses they have suffered as a result of the death.

Economic Damages

Economic damages are intended to compensate for the tangible, financial losses resulting from the death. These include:

• • Medical expenses related to the final injury or illness, to the extent paid by or charged against the estate or survivors
• • Funeral and burial expenses
• Lost net accumulations, representing the portion of the deceased’s expected future earnings that would have been added to the estate based on their age, health, and earning capacity
• Loss of support and services provided to the surviving family members by the deceased, including household services, childcare, and financial contributions

Non-Economic Damages

Non-economic damages compensate for the more subjective, personal losses suffered by surviving family members. These include:

• • Mental pain and suffering of the surviving spouse and children resulting from the loss
• • Loss of companionship and protection for the surviving spouse
• • Loss of parental companionship, instruction, and guidance for surviving children
• • Loss of support from a parent for surviving minor children

Estate Damages

If the deceased experienced conscious pain and suffering between the time of injury and death, the estate may be entitled to recover those damages as well. The estate can also recover for loss of earnings during the period from injury to death.

The total value of a wrongful death claim can be substantial, particularly in cases involving younger victims with significant earning potential or cases where the deceased was a primary caregiver or income provider. RTRLAW has recovered multi-million-dollar settlements for families of wrongful death victims in Florida, including a $2 million-plus settlement for the family of a truck driver killed in a head-on collision by a driver who fell asleep.

How Is Fault Determined in a Florida Wrongful Death Case?

To successfully pursue a wrongful death claim in Florida, the personal representative must establish four key legal elements on behalf of the estate and survivors:

• Duty of Care: The defendant owed a duty of reasonable care to the deceased. For example, drivers have a duty to operate vehicles safely, property owners have a duty to maintain safe premises, and medical professionals have a duty to meet accepted standards of care.
• Breach of Duty: The defendant breached that duty through a negligent, reckless, or intentional act. A truck driver who falls asleep at the wheel, a property owner who ignores a known hazard, or a surgeon who makes a preventable error has breached their duty of care.
• Causation: The breach of duty must have directly caused or substantially contributed to the death. In many cases, proving causation requires testimony from medical professionals, accident reconstruction specialists, or other qualified expert witnesses.
• Damages: The surviving family members and estate must have suffered actual, quantifiable damages as a result of the death.

It is also important to be aware that Florida follows a modified comparative fault rule under Florida Statutes Section 768.81. If the deceased was partially at fault for the incident that caused their death, the amount of damages that can be recovered may be reduced in proportion to their percentage of fault. However, as long as the deceased was not more than 50% at fault, the family may still be entitled to recover damages.

Building a compelling wrongful death case requires thorough investigation, strategic legal analysis, and in many cases, the testimony of expert witnesses. The attorneys at RTRLAW have more than 38 years of experience gathering and presenting evidence in complex personal injury and wrongful death cases across Florida, Texas, Michigan, Louisiana, and Massachusetts.

Is a Wrongful Death Lawyer Really Necessary?

In Florida, surviving family members are not legally required to hire an attorney to pursue a wrongful death claim. However, wrongful death cases are among the most legally complex types of personal injury matters in the state, and attempting to handle one without experienced legal representation can severely limit your family’s ability to recover fair compensation.

• Insurance Companies Have Expert Negotiators on Their Side: From the moment a fatal accident occurs, insurance companies begin working to minimize their financial exposure. They employ experienced claims adjusters and defense attorneys whose job is to pay as little as possible. Without an attorney who understands their tactics, surviving families are at a serious disadvantage during the negotiation process.
• Wrongful Death Claims Require Probate Court Involvement: Unlike a standard personal injury claim, a wrongful death lawsuit must be filed by the personal representative of the estate, which typically requires involvement with Florida’s probate courts. An experienced wrongful death attorney can help the family navigate both the wrongful death lawsuit and the probate process at the same time, reducing delays and protecting the family’s legal rights throughout.
• Calculating Full Damages Requires Legal and Financial Expertise: Determining the true value of a wrongful death claim is not a simple process. It requires careful analysis of the deceased’s earning potential over a lifetime, the value of lost services and support, the non-economic losses suffered by surviving family members, and other factors specific to the case. Without the right expertise, families often accept settlements far below the actual value of their claims.
• You Pay Nothing Unless We Win: At RTRLAW, we handle all wrongful death cases on a contingency fee basis. This means your family pays no legal fees unless we win your case and recover money for you. There is no financial risk in consulting with our wrongful death attorneys and no upfront costs of any kind. Our firm’s No Win, No Fee guarantee means your family can pursue justice without worrying about the cost.

Frequently Asked Questions About Florida Wrongful Death Claims

RTRLAW Can Help with Your Florida Wrongful Death Case

At RTRLAW, we understand that no legal process can undo the tragedy your family has experienced. What we can do is fight relentlessly to ensure that the party responsible for your loved one’s death is held accountable and that your family recovers every dollar of compensation you are legally entitled to receive.

Our wrongful death attorneys have represented families throughout Florida, from Fort Lauderdale and Miami to Orlando, Tampa, and beyond. Our proven track record in wrongful death cases includes:

• $2 million-plus settlement for the family of a truck driver killed in a head-on collision by a driver who fell asleep at the wheel
• Nearly $1 million settlement for the family of a father who was struck and killed by a delivery driver while riding his bicycle at night
• Hundreds of millions of dollars in total verdicts and settlements have been recovered for clients across Florida, Texas, Michigan, Louisiana, and Massachusetts since 1988

Nicholas R. Thompson, our Managing Partner of Personal Injury, brings more than 21 years of Florida personal injury experience to every case. Several members of our team previously worked as insurance defense attorneys, which gives RTRLAW a distinct advantage: we know exactly what tactics the other side will use, and we know how to counter them effectively.

We are available 24 hours a day, seven days a week, to review your case at no cost. If you cannot travel to one of our conveniently located Florida offices in Fort Lauderdale, Lake Worth, Orlando, or Tampa, we can come to you, whether you are at home, in the hospital, or anywhere else in Florida. All paperwork can be handled electronically by email or text for your convenience.

Under RTRLAW’s Retain The Flame philosophy, we are committed to keeping your family’s hopes alive during one of the most difficult times of your life. We will be by your side throughout the entire legal process, from the initial investigation through settlement negotiations or trial.

Take the First Step Toward Justice for Your Family Today

If you have lost a loved one due to another party’s negligence, recklessness, or wrongful act anywhere in Florida, do not wait to explore your legal options. Florida’s statute of limitations gives you a limited window to file a wrongful death claim, and every day that passes without legal action could affect your family’s ability to recover the compensation you deserve.

At RTRLAW, we offer FREE, no-obligation case reviews and work on a pure contingency fee basis. You pay nothing unless we win.

RTRLAW’s 38-plus years of experience and hundreds of millions of dollars in recoveries for families across Florida, Texas, Michigan, Louisiana, and Massachusetts are ready to work for your family today. Let us help you pursue justice and protect your family’s financial future.

• Fort Lauderdale
• Orlando
• Tampa
• Lake Worth
• Jacksonville (by appointment only)