Experienced Florida Wrongful Death Attorneys

Losing someone you love is devastating under any circumstances. When that loss happens because of someone else’s negligence — a reckless driver, a dangerous property, a medical error — the grief is compounded by a sense of injustice that can be overwhelming.

Florida law gives surviving family members the right to hold responsible parties accountable through a wrongful death claim. While no legal outcome can undo the loss you have suffered, a successful claim can provide financial stability for your family and a measure of accountability for those who caused the tragedy.

Kogan & DiSalvo Personal Injury Lawyers has guided Florida families through wrongful death cases with the compassion and determination these cases demand. We handle the legal process so you can focus on your family.

If you lost a loved one due to someone else’s negligence, call Kogan & DiSalvo Personal Injury Lawyers today for a free, confidential consultation.

What Is a Wrongful Death Claim Under Florida Law?

A wrongful death claim is a civil lawsuit brought on behalf of a deceased person’s surviving family members. It is separate from any criminal proceedings that may arise from the same incident — for example, a drunk driving crash that results in both criminal charges against the driver and a civil wrongful death claim by the victim’s family.

Under Florida’s Wrongful Death Act (Florida Statutes Chapter 768), a wrongful death claim may be filed when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another party. The claim is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members.

Florida sets a two-year statute of limitations for wrongful death claims, meaning the lawsuit must be filed within two years of the date of death. Acting promptly allows your attorney to secure evidence, identify witnesses, and build the strongest possible case.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, a wrongful death claim is filed by the personal representative of the deceased person’s estate. However, the compensation recovered is distributed to the survivors — not the estate itself. Those who may be entitled to compensation include:

• Surviving spouse
• Children of the deceased (minor and adult children may have different rights under Florida law)
• Parents of the deceased, in certain circumstances
• Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased

The specific rights of each survivor depend on the family structure and the circumstances of the death. Florida law changed in 2023 to limit recovery for adult children and parents in certain medical malpractice wrongful death cases — a nuance that makes experienced legal guidance especially important.

Kogan & DiSalvo Personal Injury Lawyers will carefully assess your family’s situation and explain exactly who may recover, what they may recover, and how the process works.

We’re here to help you understand your rights. Call Kogan & DiSalvo Personal Injury Lawyers — let’s talk about your family’s situation.

Common Causes of Wrongful Death in Florida

Wrongful death claims can arise from many different types of accidents and incidents. Some of the most common cases handled by Kogan & DiSalvo Personal Injury Lawyers include:

• Car, truck, and motorcycle accidents — Traffic fatalities remain one of the leading causes of wrongful death claims in Florida, particularly along heavily traveled corridors like I-95, the Florida Turnpike, and US-1.
• Pedestrian and bicycle accidents — Florida consistently ranks among the most dangerous states in the nation for pedestrians and cyclists. A driver’s inattention for even a moment can be fatal.
• Premises liability — Deaths caused by dangerous conditions on someone else’s property, including drowning accidents, falls, and inadequate security.
• Medical malpractice — When a doctor, hospital, or other healthcare provider’s negligence leads to a patient’s death.
• Nursing home negligence — Abuse, neglect, or inadequate care in a long-term care facility that results in a resident’s death.
• Defective products — Deaths caused by dangerous or defective consumer products, vehicles, or equipment.
• Construction accidents — Fatal injuries on job sites due to safety violations, equipment failures, or contractor negligence.
• Workplace accidents — Including industrial accidents and fatalities in high-risk occupations.

What Compensation Can Survivors Recover in a Florida Wrongful Death Case?

Florida’s Wrongful Death Act identifies two categories of recoverable damages: those paid to the estate and those paid directly to surviving family members.

Damages Available to Survivors

• Loss of support and services — The financial contributions the deceased would have made to the family over their lifetime
• Loss of companionship and protection — For a surviving spouse
• Loss of parental companionship, instruction, and guidance — For minor children
• Mental pain and suffering — For surviving spouses and, in some cases, parents and children

Damages Available to the Estate

• Medical and funeral expenses incurred as a result of the incident
• Lost earnings and benefits the deceased would have earned between the injury and death
• Lost net accumulations — The portion of the deceased’s future earnings that would have been preserved as part of the estate

The value of a wrongful death claim depends on many factors, including the age and earning potential of the deceased, the number and ages of surviving dependents, the circumstances of the death, and the financial resources of the responsible parties. Kogan & DiSalvo Personal Injury Lawyers works with financial experts and other specialists to ensure that every element of your family’s loss is properly valued.

Kogan & DiSalvo Personal Injury Lawyers has helped Florida families recover after devastating losses — we’re ready to help yours.

How a Florida Wrongful Death Case Works: Step by Step

Understanding the legal process can help reduce the uncertainty during an already difficult time. Here is a general overview of how wrongful death cases proceed:

• Free consultation — You meet with our attorneys at no cost. We listen to your story, explain your rights, and answer your questions honestly.
• Investigation — We gather evidence, review records, retain expert witnesses, and identify all parties who may bear responsibility.
• Filing the claim — We file the wrongful death lawsuit in the appropriate Florida court on behalf of the estate and surviving family members.
• Discovery — Both sides exchange evidence and information. We conduct depositions, review documents, and build the case.
• Negotiation — Many wrongful death cases resolve through settlement negotiations. We fight for a number that truly reflects your family’s losses — not the minimum the other side hopes you will accept.
• Trial — If a fair settlement cannot be reached, Kogan & DiSalvo Personal Injury Lawyers is prepared to present your case before a jury.

Throughout every stage, we communicate with you clearly and keep you informed. You will never feel lost in the process or unsure of where things stand.

Why Families Choose Kogan & DiSalvo Personal Injury Lawyers

Wrongful death cases are among the most emotionally demanding legal matters that exist. Families navigating grief while also pursuing a legal claim need attorneys who combine genuine compassion with serious legal capability.

At Kogan & DiSalvo Personal Injury Lawyers, we do both. We take time to understand your family’s story, the life that was lost, and what that loss truly means — not just financially, but personally. That understanding drives how we build and present your case.

We also bring the resources and experience that complex wrongful death cases demand. We work with accident reconstruction specialists, medical experts, vocational analysts, and economists to make sure every aspect of your claim is thoroughly supported.

Kogan & DiSalvo Personal Injury Lawyers serves families throughout Florida, including West Palm Beach, Fort Lauderdale, Boca Raton, Stuart, Delray Beach, and communities across South Florida and the Treasure Coast. We handle wrongful death cases on a contingency fee basis — you pay nothing unless we recover compensation for your family.

Frequently Asked Questions About Florida Wrongful Death Claims

Can I file a wrongful death claim if the responsible party was also charged criminally?

Yes. A wrongful death civil claim is entirely separate from any criminal prosecution. A criminal case is brought by the state; a wrongful death claim is brought by your family. The outcomes of one do not determine the outcome of the other, and the standard of proof in a civil case is lower than in a criminal trial.

What if my loved one was partially at fault for the accident?

Florida’s modified comparative negligence law may reduce the compensation your family recovers based on your loved one’s share of fault — but it does not automatically bar recovery. If your loved one was less than 50% at fault, your family may still pursue a claim. Our attorneys will work to minimize any fault attributed to the deceased.

How long will a wrongful death case take?

The timeline varies significantly depending on the complexity of the case, the number of parties involved, and whether the matter settles or goes to trial. Some cases resolve within a year; others may take two to three years. We work as efficiently as possible while never compromising the thoroughness your family deserves.

What if the at-fault party doesn’t have enough insurance?

This is a genuine concern, and one we address early in our investigation. We explore all potential sources of recovery — including the deceased’s own underinsured motorist coverage, employer liability, property owner insurance, and other avenues — to maximize what your family can recover.

Do I need to file a probate case to pursue a wrongful death claim?

A personal representative of the estate must be appointed to file the claim, which may involve a probate proceeding. Our team can help coordinate this process or work alongside a probate attorney to make the process as seamless as possible for your family.

Contact Kogan & DiSalvo Personal Injury Lawyers Today

If you lost a loved one because of someone else’s negligence, your family deserves answers, accountability, and support. The legal process can feel daunting, but you do not have to face it alone.

Kogan & DiSalvo Personal Injury Lawyers is here to stand beside your family every step of the way — with the compassion you need and the tenacity your case demands.

Call Kogan & DiSalvo Personal Injury Lawyers today to schedule your free consultation. There is no fee unless we recover compensation for your family.