Losing a loved one is always devastating. When that loss is caused by someone else’s negligence, recklessness, or misconduct, the grief can be compounded by anger, confusion, and unanswered questions. In Florida, families may have the right to pursue a wrongful death claim to hold the responsible party accountable and recover financial support.
If you have recently lost a family member due to an accident, medical error, or other wrongful act, understanding the steps to take can help protect your legal rights.
Step 1: Obtain the Death Certificate and Medical Records
One of the first practical steps is securing official documentation. This includes:
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The death certificate
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Hospital or medical records
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Autopsy or coroner’s report (if applicable)
These documents help establish the cause of death and are critical for both insurance claims and potential legal action.
Step 2: Preserve Evidence Related to the Incident
Important evidence can disappear quickly after an accident or medical event. Families should:
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Take photos of accident scenes or defective products
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Save medical bills, receipts, and related paperwork
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Keep copies of emails or communications with insurers or facilities
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Obtain names and contact information for witnesses
In many cases, an attorney can send preservation letters to prevent destruction of crucial evidence.
Step 3: Avoid Giving Recorded Statements Without Legal Advice
Insurance companies may contact family members soon after the death. They may request:
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Recorded statements
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Written authorizations
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Quick settlement agreements
It is important to remember that insurers are businesses focused on minimizing payouts. Speaking with a lawyer first can prevent unintentional statements that could harm your claim.
Step 4: Understand Who Can File a Wrongful Death Claim in Florida
Florida law is unique in that only the personal representative of the estate can file a wrongful death lawsuit. However, the claim is brought on behalf of certain survivors, which may include:
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The surviving spouse
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Children
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Parents
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Other relatives who depended on the deceased
The personal representative is typically named in the will or appointed by the probate court.
Step 5: Identify the Potentially Responsible Parties
Wrongful death claims can arise from many different situations, including:
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Car, truck, or motorcycle accidents
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Medical malpractice
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Nursing home neglect
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Dangerous property conditions
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Defective products
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Criminal acts due to negligent security
An investigation may reveal that multiple parties share responsibility, such as a driver, employer, property owner, or manufacturer.
Step 6: Be Aware of Florida’s Statute of Limitations
In most cases, Florida law allows two years from the date of death to file a wrongful death lawsuit. Missing this deadline can result in losing the right to pursue compensation entirely.
However, certain cases—especially those involving medical malpractice or government entities—may involve:
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Pre-suit investigation requirements
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Notice provisions
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Shorter deadlines
Speaking with an attorney early can help ensure compliance with all legal requirements.
Step 7: Understand the Types of Damages Available
Florida wrongful death law allows survivors and the estate to recover various damages, which may include:
Survivor Damages
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Loss of companionship and protection
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Loss of parental guidance for children
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Mental pain and suffering
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Loss of financial support and services
Estate Damages
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Medical expenses related to the final injury or illness
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Funeral and burial costs
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Lost earnings of the deceased
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Lost net accumulations to the estate
The specific damages available depend on the family structure and circumstances of the case.
Step 8: Consult a Florida Wrongful Death Attorney
Wrongful death cases often involve:
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Complex liability issues
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Multiple defendants
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Insurance disputes
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Medical or technical experts
An experienced Florida wrongful death attorney can:
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Investigate the cause of death
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Identify all liable parties
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Handle insurance communications
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Calculate the full value of the claim
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Guide the family through probate and litigation
Most wrongful death attorneys work on a contingency fee basis, meaning there are no upfront legal fees.
Common Situations That Lead to Wrongful Death Claims
Some of the most frequent causes of wrongful death cases in Florida include:
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Drunk or reckless driving accidents
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Surgical errors or delayed diagnoses
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Unsafe apartment complexes or businesses
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Construction and workplace accidents
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Defective vehicles or products
If the death would not have occurred but for someone else’s negligence, a wrongful death claim may be possible.
What Families Should Focus on First
In the days and weeks after a loss, legal matters can feel overwhelming. Many families find it helpful to focus on three immediate priorities:
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Obtain official records and documents
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Avoid speaking with insurers without legal advice
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Consult a qualified wrongful death attorney
Taking these steps early can help protect your rights while allowing you to focus on your family and the grieving process.
Speak With a Florida Wrongful Death Attorney
If your loved one’s death may have been caused by negligence, you may have the right to seek justice and financial support. A wrongful death claim cannot undo the loss, but it can provide accountability and help secure your family’s future.
An experienced Florida personal injury attorney can review your case, explain your options, and guide you through the process with compassion and clarity.
Contact Florida Wrongful Death Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
