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Florida Wrongful Death Lawyers
Losing a loved one in a sudden, preventable accident is one of the most devastating experiences a family can endure. When someone dies as the result of another party’s negligence, medical malpractice, or intentional act, the Law Offices of Jason Turchin is here to help you seek justice.
Our Florida wrongful death lawyers handle catastrophic and fatal accident claims on a strict contingency fee basis—meaning your family pays no out-of-pocket fees or costs unless we successfully recover compensation on your behalf. Call us 24/7 at (800) 337-7755 for a free, compassionate consultation.
How Does the Florida Wrongful Death Act Work?
Wrongful death claims are strictly governed by the Florida Wrongful Death Act (Fla. Stat. § 768.16). Unlike a standard personal injury case, a wrongful death lawsuit cannot be filed by just anyone. Under Florida law, the claim must be filed by the deceased person’s Personal Representative (usually named in a will or appointed by a probate court).
The Personal Representative files the lawsuit on behalf of the deceased person’s estate and any surviving family members who are legally entitled to compensation. Our lawyers for wrongful death routinely assist families with the probate and estate setup required to initiate these complex claims.
Who is Considered a “Survivor” Under Florida Law?
The law specifically outlines which family members are eligible to recover damages. Eligible “survivors” typically include:
- The deceased person’s spouse.
- The deceased person’s children (with specific legal distinctions for minor versus adult children).
- The deceased person’s parents.
- Any blood relatives or adoptive siblings who were wholly or partly dependent on the deceased person for support or services.
What Types of Fatal Accidents Do Our Florida Wrongful Death Lawyers Handle?
Through our complex method of investigation, we can aggressively pursue liability across a wide range of fatal incidents:
- Motor Vehicle Fatalities: Drunk driving crashes, commercial trucking accidents, and pedestrian fatalities. We can actively work with organizations like Mothers Against Drunk Driving (MADD) to support victims’ families.
- Negligent Security & Violent Crime: Holding apartment complexes, hotels, and nightclubs accountable for fatal assaults, shootings, or murders that occur due to a lack of proper security or background checks.
- Defective Products & Dangerous Drugs: Our firm actively monitors NHTSA and FDA databases to identify mass torts and fatal product defects, seeking to hold major automotive, pharmaceutical, and appliance manufacturers strictly liable for wrongful deaths.
- Maritime & Cruise Ship Deaths: Litigating fatal drownings and shipboard medical negligence under the Death on the High Seas Act (DOHSA) and specific federal maritime laws.
- Medical Malpractice & Nursing Home Abuse: Fatal errors in hospitals, surgical centers, and elder care facilities.
What Compensation is Available in a Wrongful Death Lawsuit?
Our goal is to secure the financial future of the surviving family. Depending on your relationship to the deceased, damages may include:
- Mental Pain and Suffering: Compensation for the profound emotional trauma experienced by surviving spouses, parents, and children.
- Loss of Support and Services: The financial value of the deceased’s future earnings, benefits, and household contributions.
- Loss of Companionship: For a spouse’s loss of consortium or a child’s loss of parental instruction and guidance.
- Medical and Funeral Expenses: Reimbursement for any out-of-pocket costs related to the victim’s final injury and burial.
- Net Accumulations: The expected value of the estate had the victim lived a normal life expectancy.
The Strict 2-Year Statute of Limitations
Time is of the essence. In Florida, the statute of limitations for a wrongful death lawsuit is generally two years from the date of the victim’s death. Failing to file a lawsuit within this strict window will typically result in your case being permanently barred. Furthermore, crucial evidence, such as surveillance video of an apartment shooting or the black box data from a commercial truck, can disappear within weeks of an incident. Immediate legal intervention is vital.
Florida Wrongful Death FAQs
Can I file a wrongful death lawsuit if there is an ongoing criminal investigation?
Yes. A civil wrongful death lawsuit is typically entirely separate from a criminal prosecution. Even if the state is pursuing murder or vehicular manslaughter charges, or even if the defendant is acquitted in criminal court, you can still generally pursue a civil claim for financial damages because the burden of proof is lower in civil court.
Do I have to pay out of pocket to start a wrongful death case?
No. We handle wrongful death claims on a contingency fee basis. We front all the costs for investigations, expert witnesses, and court filings. You do not owe us any attorney’s fees or costs unless we successfully recover a settlement or jury verdict for your family.
What if the fatal accident happened while on vacation in Florida?
If your loved one was visiting from another state or country and suffered a fatal accident in Florida or aboard a cruise ship departing from a Florida port, the lawsuit generally must be filed in a Florida state or federal court. We routinely serve as local or lead counsel for out-of-state families navigating the Florida judicial system. For example, if you need a wrongful death lawyer in Miami, our team can help.
Contact a Florida Wrongful Death Attorney Today
We can represent victims across Miami, Fort Lauderdale, Orlando, Tampa, Key West, and throughout the United States. Call us today at (800) 337-7755 or use our live chat for a free, confidential case evaluation.
