Palm Beach Gardens Wrongful Death Lawyer​

When Can You File a Wrongful Death Lawsuit?

Under Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16-768.26), a wrongful death occurs when one person’s negligence or intentional misconduct causes another person’s death. A wrongful death claim can be filed when the surviving family has evidence that another party’s conduct caused or contributed to the loss.

Florida law specifies who can bring the claim for a wrongful death lawsuit: the personal representative of the deceased’s estate, acting on behalf of both the estate and the eligible survivors. The representative is typically named in the deceased’s will or appointed by the probate court if no will exists.

Who Is Eligible to Recover Compensation?

Florida defines “survivors” in Fla. Stat. § 768.18. The eligible parties include:

• Surviving spouse
• Children of the deceased
• Parents of the deceased
• Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services

Siblings (whether biological or adoptive) and extended blood relatives only qualify if they were financially or practically dependent on the deceased. Survivors who don’t meet the statutory definition aren’t eligible to recover under the Wrongful Death Act, even when they’re grieving.

Wrongful death damages awarded to survivors typically pass directly to them and don’t go through the probate process. Damages awarded to the estate, such as medical bills and funeral expenses paid by the estate, become estate assets and are distributed under the will or Florida’s intestacy laws.

What Damages Are Available in a Wrongful Death Case?

Under Fla. Stat. § 768.21, the available wrongful death damages depend on the survivor and the relationship to the deceased:

• For the surviving spouse: loss of companionship and protection, mental pain and suffering from the date of injury, lost support and services, and personally paid medical expenses where applicable
• For surviving minor children (or all children if there is no surviving spouse): loss of parental companionship, loss of parental instruction, loss of parental guidance, and mental pain and suffering
• For surviving parents: mental pain and suffering, with broader eligibility for parents of a minor child than for parents of an adult child
• For any eligible survivor: lost support and services from the date of death, projected future losses, personally paid medical expenses, and personally paid funeral expenses
• For the estate: lost net accumulations, medical and funeral expenses paid by the estate, and lost earnings from the date of injury to death

Florida no longer caps non-economic damages in most wrongful death cases. The earlier statutory caps were struck down by the Florida Supreme Court more than a decade ago.

Learn more: How a Wrongful Death Claim Lawsuit Works

Determining Fault After a Fatal Accident

To prove a wrongful death claim under Florida law, the personal representative has to establish four elements:

1. Duty of care: The defendant owed the deceased a duty to act reasonably under the circumstances.
2. Breach: The defendant failed to meet that duty of care through negligent or intentional conduct.
3. Causation: The defendant’s conduct directly caused the death.
4. Damages: The estate and survivors suffered measurable losses as a result.

Evidence used to prove these elements typically includes police and accident reports, witness statements, medical records, autopsy and toxicology results, photos and video, company or employer records when applicable, and testimony from accident reconstruction or medical experts. Florida applies modified comparative negligence under Fla. Stat. § 768.81 as amended by HB 837 in March 2023, so if the deceased is found 51% or more at fault, recovery is barred entirely.

What to Expect During the Legal Process in Palm Beach Gardens

After we take a wrongful death case, families generally see four stages:

1. Investigation. We gather and preserve evidence, interview witnesses, retrieve video, and work with medical and reconstruction experts when needed.
2. Probate coordination. We work with the personal representative on opening or coordinating the estate, since the personal representative is the proper party to file suit.
3. Demand and negotiation. Once we have a complete picture of liability and damages, we present a demand to the at-fault party and their insurers.
4. Litigation, if necessary. If the case doesn’t resolve in negotiation, we file suit in the Palm Beach County 15th Judicial Circuit. Discovery, depositions, mediation, and trial preparation follow.

If the death involved criminal conduct, such as a DUI fatality, any resulting criminal conviction or plea can support the civil case as evidence of fault. The criminal and civil proceedings are separate, and the civil case can move forward regardless of what happens on the criminal side.

How Long Do You Have to File a Wrongful Death Claim in Florida?

Florida’s statute of limitations for wrongful death claims is two years from the date of death under Fla. Stat. § 95.11(4)(d). The clock runs continuously, even while you’re negotiating with insurance companies. Insurance negotiations do not pause the SOL, and carriers sometimes extend negotiations specifically because the clock keeps moving.

Two years sounds like plenty, but expert reviews, probate proceedings, pre-suit investigation, and the time needed to evaluate damages fully can take much of it. Calling a wrongful death lawyer in Palm Beach Gardens early gives the case the time it needs. 

Wrongful Death vs. Survival Action: What’s the Difference?

Wrongful death and survival actions are different legal claims that can sometimes exist in the same case.

A wrongful death action under Fla. Stat. §§ 768.16-768.26 compensates the survivors and the estate for losses caused by the death itself: loss of companionship, lost support, mental pain and suffering, funeral costs, and lost net accumulations.

A survival action under Fla. Stat. § 46.021 continues the deceased’s own personal injury claim that existed before death. It covers what the deceased would have recovered if they had lived: pre-death pain and suffering, medical bills, lost wages, and other personal damages from the time of injury to the time of death.

When the victim lived for a period before dying from the injuries, the personal representative can pursue both actions in the same lawsuit. When death was immediate, only the wrongful death action applies.

Talk to a Palm Beach Gardens Wrongful Death Lawyer Today

Lytal, Reiter, Smith, Ivey & Fronrath represents injured people and grieving families throughout Palm Beach County. We can investigate the death, identify all potentially liable parties, work with the personal representative to file the right claims, and pursue the compensation available to the estate and survivors under Florida law.

We handle wrongful death cases on a contingency fee basis. You don’t pay attorney’s fees upfront, and our fee comes out of the recovery if the case is successful. Separate costs may apply.

Call (561) 655-1990 or contact us online for a free, no-obligation consultation.

Frequently Asked Questions About Palm Beach Gardens Wrongful Death Lawsuits

Can multiple family members file separate wrongful death claims?

No. Florida law requires that only the personal representative of the deceased’s estate may file a wrongful death action, and that action is brought on behalf of all eligible survivors and the estate together. Even when multiple family members have claims, they’re handled within the single lawsuit filed by the personal representative.

What happens if the family disagrees about filing a claim?

Family members can advise the personal representative, but the decision to file rests with the representative. The personal representative owes a fiduciary duty to the estate and the eligible survivors. When disputes arise about the distribution of any recovery, Florida law allows the probate court to step in and decide based on each survivor’s relationship and dependency.

Can a wrongful death claim still be filed if no criminal charges were brought?

Yes. Civil wrongful death claims are separate from criminal cases and use a lower burden of proof. A claim can be filed if there’s evidence that someone’s negligent or intentional conduct caused the death, whether or not the state files criminal charges. When criminal charges do exist, a conviction can strengthen the civil case as evidence of fault.

Are wrongful death settlements taxable?

Most wrongful death settlement proceeds are not taxable income under IRC § 104(a)(2). Specific portions can be taxable, including punitive damages and interest that accrues on the settlement before payment. Your tax professional should review the allocation in your specific settlement, since how the recovery is structured affects which parts are taxable.

How long does it take to receive a wrongful death settlement?

Timelines can vary widely. Cases with clear liability and cooperative insurers can settle within months. Contested cases involving multiple defendants, expert testimony, or trial can take a year or more. Once a case is resolved, settlement funds go into a trust account managed by the attorney, with case costs and fees deducted before the net recovery is distributed to the estate and survivors.

What if the death occurred during medical treatment or surgery?

A negligent medical provider can be held accountable when malpractice contributes to a death. Florida medical malpractice cases follow a separate pre-suit process under Chapter 766, including a 90-day notice period and a sworn affidavit from a qualified medical expert. Your Palm Beach Gardens wrongful death attorney can evaluate whether the death meets the legal standard for medical malpractice and pursue the claim under the appropriate procedure.