Standard Cases
The most common configurations and how they typically proceed.
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Florida Accident Guides
Florida Wrongful Death Guide
Florida Wrongful Death Act, personal-representative role, and survivor damages.
- Florida statutory framework explained
- Coverage layers identified
- Free follow-up consultation
Wrongful Death Guide
A wrongful death case in Florida runs on the Wrongful Death Act, not the same statute that controls injury claims generally. Eligible survivors, categories of damages, and the personal-representative procedure are all defined by statute.
This guide walks through the procedural steps from estate opening through case filing, the statute-of-limitations clock, and the categories of loss available depending on the family relationship.
It is written for South Florida families navigating both grief and a compressed evidence-preservation window. Insurer contact arrives quickly and the early decisions matter.
What You Need to Know About Wrongful death claims
Six concrete framework points.
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Florida Statutory Anchor
The specific Florida statute or federal regulation that controls the case framework.
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Critical Deadlines
Statute of limitations and notice requirements for this case type, including any 2023 changes.
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Coverage Stack
The insurance layers that typically apply, including PIP, BI, UM/UIM, MedPay, and umbrella.
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Evidence Priorities
What evidence matters most in this case type and how quickly it needs preservation.
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Multi-Party Liability
Who beyond the immediate defendant can be liable for this type of case.
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Damages Categories
What categories of damages are recoverable and how they are documented.
Common Wrongful death claims Scenarios
Six scenarios this guide addresses.
Catastrophic Cases
Surgical injury and long-recovery cases with expert damages workup.
Unidentified-Party Cases
Hit-and-run and unknown-defendant scenarios.
Fatal Cases
Wrongful death claims under the Florida Wrongful Death Act.
Multi-Party Cases
Configurations involving multiple at-fault parties or commercial defendants.
Disputed-Liability Cases
Where the initial fault picture is contested and documented evidence becomes decisive.
How the Case Moves
From first call to resolution.
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Free Consultation
We learn what happened, identify available coverage, and outline the wrongful death claims case plan.
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Evidence Preservation
Scene photographs, witness statements, surveillance, and records preserved within days of intake.
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Documented Demand
Medical workup tracked through maximum medical improvement, then a documented demand presented to the insurer.
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Suit if Needed
Litigation when negotiation will not produce a fair recovery. Trial preparation runs alongside settlement work.
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Representative Workflow
Representative Wrongful Death Workflow
The Problem
A family loses a parent in a fatal crash on US-1. The at-fault carrier's investigator contacts the surviving spouse within 48 hours requesting medical authorizations and a recorded statement.
Our Approach
The firm opens the wrongful death matter, petitions the probate court for personal-representative appointment, sends preservation letters to the at-fault carrier and any nearby commercial surveillance, and routes all insurer contact through counsel.
The Outcome
The family is insulated from direct insurer pressure. The personal representative is appointed inside the statutory window and the case proceeds against the at-fault BI policy plus the decedent's household UM coverage for the categories of loss available under the statute.
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Florida-specific
Framework
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All available
Coverage layers
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$0
Up-front client cost
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English & Spanish
Languages
Florida Wrongful Death Guide Questions
What Florida statute controls wrongful death claims? +
The applicable framework includes Florida-specific statutes governing negligence, comparative fault, and case-type-specific rules. The guide covers the major anchors. A consultation translates them to your specific situation, including any case-specific exceptions that apply.
What coverage usually applies to wrongful death claims? +
Coverage analysis typically starts with PIP, then bodily injury liability of any at-fault party, then UM/UIM coverage on the injured person's own or household policy. Umbrella, commercial, and platform-specific coverage may also apply depending on the facts.
How long do I have to file? +
For most negligence-based injury claims, Florida's statute of limitations is two years from the date of injury for accidents on or after March 24, 2023. Government-entity and maritime claims often have shorter notice deadlines that can run in months.
What evidence should I preserve? +
Photographs, witness contact information, the police or incident report, medical records, and any insurance correspondence. Evidence preservation begins the moment of intake when you retain the firm, with formal spoliation letters to property owners or carriers as needed.
What if my wrongful death case involves multiple defendants? +
Multi-party cases are routine. Each defendant's liability is evaluated independently. Multiple defendants often mean multiple insurance layers, which can substantially expand recovery compared to single-defendant cases.
Should I give a recorded statement? +
Not without legal advice. Adjusters at the at-fault insurer are collecting information to limit the claim. The firm provides necessary information through controlled channels later. Anything you say can be used against the claim, even if it seems harmless.
How long do I have to file? +
Florida's statute of limitations for most negligence-based injury claims is two years from the date of injury for accidents on or after March 24, 2023. Government-entity and maritime claims often have shorter notice deadlines that can run in months. Acting early protects every available option.
What if I was partially at fault? +
Florida applies modified comparative negligence. Your recovery is reduced by your share of fault and barred only if you are more than 50 percent at fault. Documented evidence typically reduces overstated fault arguments in negotiation.
Do you offer consultations in Spanish? +
Yes. The firm handles full case work in English and Spanish, including consultations, court appearances, and document review. Lead attorney Donny Marin is personally fluent in both languages, and case communication continues in your preferred language.
What if my situation does not match anything on this page exactly? +
That is normal. Every case has its own facts, and general educational content cannot anticipate every variation. The free consultation translates the general framework into a case-specific plan, including the deadlines that apply to your dates, the coverage layers that apply to your policies, and the evidence priorities that apply to your facts. The 20 to 45 minute conversation typically produces a clear written recap by email afterward.
What should I do before scheduling a consultation? +
Gather any documents you have: the police or incident report, photographs of the scene and injuries, any correspondence from the at-fault insurer, your own insurance declarations pages, and any medical records or bills you have received. If you do not have everything, the firm gathers the rest through formal channels once retained. Bringing what you have to the consultation makes the conversation more specific and more useful.
Related Resources
Closely related pages.
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