Experienced Florida Wrongful Death Attorneys

Compassionate Legal Guidance for Families After a Tragic Loss

Losing a loved one unexpectedly is one of the most devastating experiences a family can endure. When that loss results from someone else’s negligence, recklessness, or misconduct, the emotional and financial impact can feel overwhelming. Families are often left searching for answers while trying to cope with grief, uncertainty, and major life changes.

Kogan & DiSalvo Personal Injury Lawyers helps families throughout Florida pursue justice after fatal accidents and preventable tragedies. Our award-winning attorneys understand that no amount of compensation can replace a loved one, but a wrongful death claim can help provide financial stability, accountability, and a sense of closure during an incredibly difficult time.

When results matter, we deliver.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim arises when a person loses their life because another party acted negligently, carelessly, or intentionally.

Under the Florida Wrongful Death Act (Florida Statutes Chapter 768, §768.19), surviving family members may have the right to pursue compensation when a fatal accident could have been prevented.

Wrongful death cases commonly stem from:

• Car accidents
• Truck accidents
• Motorcycle crashes
• Pedestrian accidents
• Medical malpractice
• Nursing home negligence
• Workplace accidents
• Dangerous property conditions
• Defective products
• Construction accidents
• Boating accidents

These cases are not only about financial compensation — they are also about holding negligent parties accountable for the harm they caused.

Who Can File a Wrongful Death Claim in Florida?

Florida’s wrongful death laws are specific about who may bring a claim on behalf of surviving family members.

Under Florida Statute §768.19, the personal representative of the deceased person’s estate files the claim for the benefit of eligible survivors. In 2023, Florida lawmakers modified recovery rights for adult children and parents in certain medical malpractice wrongful death cases — a nuance that makes experienced legal guidance especially important. Those eligible to recover may include:

• Spouses
• Children
• Parents
• Other dependent relatives

The damages available can vary depending on the relationship to the deceased and the circumstances of the case.

Because wrongful death claims can become legally complex, speaking with an experienced Florida wrongful death lawyer early in the process is important. Florida law sets a two-year statute of limitations for wrongful death claims from the date of death — do not delay.

If your family lost a loved one because of negligence, contact Kogan & DiSalvo Personal Injury Lawyers for compassionate legal support today.

Common Causes of Wrongful Death Cases in Florida

Florida’s busy highways, growing population, tourism traffic, and active construction industry contribute to many serious accidents each year. Some of the most common causes of wrongful death claims include:

Fatal Car and Truck Accidents

High-speed collisions on I-95, Florida’s Turnpike, US-1, and other major roadways can result in catastrophic injuries and fatalities. Commercial truck crashes often involve severe force and devastating consequences for passenger vehicle occupants — and may involve multiple liable parties including the trucking company, driver, and cargo loader.

Medical Negligence

Errors involving surgery, diagnosis, medication, or patient care can tragically lead to preventable deaths. Florida medical malpractice claims arising from wrongful death are among the most complex cases we handle.

Nursing Home Abuse or Neglect

Elderly residents may suffer fatal harm due to neglect, falls, dehydration, medication errors, or abuse. Families have legal options when a care facility fails to protect a vulnerable loved one.

Dangerous Property Conditions

Slip and fall accidents, inadequate security, or unsafe premises can sometimes result in fatal injuries. Property owners have a legal duty to maintain safe conditions for visitors.

Workplace and Construction Accidents

Florida workers in construction, transportation, and industrial jobs face significant injury risks every day. In some cases, a  workers’ compensation claim and a wrongful death claim can both be pursued — an attorney can explain how these overlap.

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

Families often face sudden financial hardship after the loss of a loved one. Under Florida Statute §768.21, a wrongful death claim may help surviving relatives recover compensation for both financial and emotional losses.

Economic Damages

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of future income and benefits
• Loss of financial support
• Loss of household services

Non-Economic Damages

• Mental pain and suffering
• Loss of companionship and protection (surviving spouse)
• Loss of parental companionship, instruction, and guidance (minor children)
• Emotional distress

In cases involving extreme negligence or intentional misconduct, punitive damages may also be available — designed to punish the at-fault party and deter similar conduct.

Every case is unique, and the value of a wrongful death claim depends on many factors, including the age of the deceased, earning capacity, family relationships, and the circumstances surrounding the death. View our case results to see examples of what we have recovered for Florida families.

What You Need To Know About Wrongful Death Cases in Florida

Wrongful death claims are often emotionally difficult and legally complicated. Families may be dealing with insurance companies, medical records, investigations, and probate-related issues while grieving.

Evidence Is Critical

Building a strong wrongful death case requires careful documentation. Learn what evidence is needed to prove a wrongful death claim in Florida. Evidence commonly includes:

• Accident reports
• Medical records
• Expert testimony
• Witness statements
• Surveillance footage
• Financial documentation

Multiple Parties May Be Responsible

In some cases, more than one party may share liability for the death. Examples include employers, property owners, medical providers, trucking companies, and manufacturers of defective products.

A Wrongful Death Claim Is Separate From a Survival Action

A survival action is a related but distinct legal claim. Your attorney can explain whether one or both apply to your family’s situation.

Insurance Companies May Try To Minimize Claims

Insurance companies often move quickly to protect their financial interests. Families should be cautious before accepting settlements or providing recorded statements.

How To Know When You Should Contact a Wrongful Death Lawyer

Many families are unsure whether they have grounds for a wrongful death claim. If your loved one died because of a preventable accident or another party’s negligence, it is important to seek legal guidance as soon as possible — Florida’s two-year statute of limitations means time is not on your side.

You should consider contacting a lawyer if:

• The accident involved negligence or unsafe conditions
• There are unanswered questions about how the death occurred
• Insurance companies are disputing responsibility
• Financial hardship followed the loss
• A business, driver, doctor, or property owner may have contributed to the death

A lawyer can help investigate the circumstances, explain your rights, and guide your family through the legal process with care and respect.

The Wrongful Death Claim Process

Families often want to know what to expect after pursuing a wrongful death claim. While every case is different, the process generally includes:

Initial Consultation

Your attorney reviews the facts of the case and explains potential legal options. There is no cost for this conversation.

Investigation

Evidence is gathered to determine liability and establish damages, including accident reports, medical records, expert analysis, and financial documentation.

Filing the Claim

A formal legal claim is filed against the responsible parties under Florida Statute §768.19.

Negotiation

Many wrongful death cases are resolved through settlement negotiations. Our attorneys negotiate aggressively to pursue full and fair compensation.

Litigation if Necessary

If a fair settlement cannot be reached, the case may proceed to court. Kogan & DiSalvo has the trial experience to take cases the distance when necessary.

Throughout the process, Kogan & DiSalvo Personal Injury Lawyers works to reduce stress for families while aggressively pursuing justice on their behalf.

Why Wrongful Death Claims Matter

Wrongful death cases serve an important purpose beyond financial recovery. These claims can:

• Hold negligent parties accountable
• Encourage safer conduct
• Provide financial security for surviving families
• Help families find answers and closure

While no legal action can undo a tragic loss, many families find comfort in knowing they stood up for their loved one and protected others from similar harm.

Why Choose Kogan & DiSalvo Personal Injury Lawyers?

Families across Florida turn to Kogan & DiSalvo because we provide compassionate legal representation backed by determined advocacy. Our team understands the emotional weight these cases carry, and we are committed to helping families navigate the process with dignity and support.

Clients trust Kogan & DiSalvo Personal Injury Lawyers because we offer:

• Personalized attention from experienced wrongful death attorneys
• Strong communication throughout the case
• Extensive experience handling serious injury and fatal accident claims
• Thorough investigations and expert testimony
• Aggressive negotiation and litigation strategies
• A track record of meaningful results for Florida families

We know this is more than a legal case — it is about your family, your future, and your loved one’s memory.

Serving Wrongful Death Clients Across Florida

Our attorneys represent families throughout the state, including:

• Boca Raton wrongful death lawyer
• Fort Lauderdale wrongful death lawyer
• West Palm Beach wrongful death lawyer
• Stuart wrongful death lawyer
• Boynton Beach wrongful death lawyer

If your city is not listed, call us — we serve all of Florida.

Frequently Asked Questions About Florida Wrongful Death Claims

How long do I have to file a wrongful death claim in Florida?
Under Florida law, families generally have two years from the date of death to file a wrongful death claim (Florida Statute §95.11). Because these cases involve important evidence and legal timelines, families should speak with an attorney as soon as possible after a loss.

What if the deceased was partially responsible for the accident?
Florida’s modified comparative fault law may still allow surviving family members to recover compensation depending on the degree of fault involved. An attorney can evaluate your specific circumstances.

Do wrongful death cases always go to trial?
No. Many wrongful death claims are resolved through settlements. However, some cases — particularly those involving disputed liability or bad-faith insurance conduct — require litigation to pursue fair compensation. Learn more about what to expect if your loved one was killed in a car accident.

How much is a wrongful death case worth?
The value depends on factors including financial losses, the emotional impact on survivors, medical expenses, lost future income, and the strength of the evidence. An attorney can provide a more specific evaluation based on the details of your case.

What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses. A survival action compensates the estate for the deceased’s losses before death — such as pain and suffering they experienced after the accident. Both may apply in the same case.

Speak With a Florida Wrongful Death Lawyer Today

You should not have to face the aftermath of a tragic loss alone. Kogan & DiSalvo Personal Injury Lawyers is here to help families throughout Florida seek justice, accountability, and financial recovery after preventable deaths.

Call Kogan & DiSalvo Personal Injury Lawyers today for your free consultation. We’re here to help you understand your rights and protect your family’s future.

Your recovery starts with a call to Kogan & DiSalvo.

This page was last reviewed for legal accuracy by the attorneys at Kogan & DiSalvo Personal Injury Lawyers. Florida wrongful death law, including provisions under Chapter 768 of the Florida Statutes, is subject to change. The 2023 modifications to SB 236 affecting recovery rights in medical malpractice wrongful death cases are reflected in the content above. For advice specific to your situation, please contact our office.