Skip to content
Florida’s wrongful death law exists to hold people and companies accountable when negligence results in a preventable death. If your family is facing that situation in Palm Beach Gardens, you may have the right to pursue a wrongful death lawsuit. A Palm Beach Gardens wrongful death lawyer can help your family understand what Florida law allows and whether you may seek compensation.
At Lytal, Reiter, Smith, Ivey & Fronrath, we represent families throughout Palm Beach County who are facing the aftermath of a preventable death. While no lawsuit can undo what happened, a wrongful death claim can provide accountability and financial stability during an incredibly difficult time.
Call (561) 655-1990 for a free consultation.
Why choose Lytal, Reiter, Smith, Ivey & Fronrath for your wrongful death case?
Wrongful death cases are among the most serious matters in civil law. They often involve large insurance policies, corporate defendants, and aggressive defense strategies. Your legal team has to be prepared from the start.
Lytal, Reiter, Smith, Ivey & Fronrath has represented injured individuals and families for more than four decades. Founded in 1985, the firm has recovered billions of dollars for clients across Florida. Every Board Certified Civil Trial Attorney at the firm is qualified to handle complex wrongful death litigation.
Our experienced attorneys are recognized among Super Lawyers and Best Lawyers in America, and the firm itself has been named a Best Law Firm in America. More notably, insurance companies know that when our firm is involved, the case will be fully developed and prepared for trial if necessary.
If you are looking for a wrongful death lawyer in Palm Beach Gardens that families can rely on, we are ready to help.
What makes a death a wrongful death under Florida law?
Florida’s Wrongful Death Act, found in Section 768.19 of the Florida Statutes, allows a claim when a person’s death is caused by the negligence, wrongful act, default, or breach of contract or warranty of another.
Simply put, if your loved one could have filed a personal injury lawsuit had they survived, a wrongful death claim may exist after their passing.
Common causes of wrongful death include:
- Car accidents, including drunk driving or reckless driving
- Truck accidents on I-95 or major Palm Beach County corridors
- Medical malpractice
- Dangerous property conditions
- Defective products
- Nursing home neglect
Every wrongful death case is fact-specific. The focus is on whether someone failed to act with reasonable care and whether that failure led directly to the death.
Who can file a wrongful death claim in Florida?
Florida law is specific about who may file a wrongful death lawsuit. The claim must be filed by the personal representative of the deceased person’s estate. The personal representative brings the lawsuit on behalf of the surviving family members. Those survivors may include:
- A surviving spouse
- Surviving children
- Parents
- Other surviving family members who were financially dependent on the deceased
While the personal representative files the case under Florida Statutes § 768.20, compensation is distributed to eligible survivors as outlined in § 768.21.
What compensation may be available in a wrongful death case?
Compensation in a Florida wrongful death case depends on the relationship between the survivors and the deceased, as well as the financial and emotional impact of the loss.
Surviving family members may seek compensation for:
- Loss of companionship and protection
- Loss of parental guidance
- Mental pain and suffering
- Lost support and services
The estate may recover damages, such as:
- Medical expenses related to the final injury
- Funeral and burial costs
- Lost earnings from the date of injury to the date of death
- Loss of future net accumulations in certain circumstances
In some cases involving extreme misconduct, punitive damages may also be pursued.
Each wrongful death lawsuit requires careful analysis to determine what categories of damages apply.
How does comparative negligence affect a wrongful death case?
Florida follows a modified comparative negligence system. If the deceased person was partly responsible for the incident that led to their death, any recovery may be reduced by that percentage of fault.
For example, if damages are assessed at $1 million and the deceased is found 20 percent responsible, recovery would be reduced accordingly.
Insurance companies often attempt to shift blame to minimize payouts, so a careful investigation is important in order to challenge unsupported claims of fault.
How long do you have to file a wrongful death lawsuit in Florida?
Florida generally provides two years from the date of death to file a wrongful death lawsuit.
This statute of limitations is strictly enforced. If the deadline passes, the court may dismiss the claim regardless of its merits.
Two years may seem like a long time, but these cases require investigation, document review, and coordination with the probate process. Speaking with a Palm Beach Gardens wrongful death attorney early can help preserve evidence and protect your rights.
What is the difference between a wrongful death claim and a survival action?
Florida law recognizes both wrongful death claims and survival actions.
A wrongful death claim focuses on the losses suffered by surviving family members. A survival action addresses damages the deceased person experienced between injury and death, such as medical bills and lost wages.
Both claims are typically filed by the personal representative and may proceed together, but they compensate for different losses.
What families say about working with Lytal, Reiter, Smith, Ivey & Fronrath
Wrongful death cases take time and reliable communication. Families deserve consistent updates and a legal team that approaches the case with respect and focus—a major facet of our core values.
“I want to express my deepest gratitude to this law firm and especially Steven Sanchez; he was caring and professional. He helped me in the best way possible to win this case in a timely manner. We suffered a loss that truly changed my family life forever, and he understood that. Thank you for everything you guys did.”
— Diana D.
“The team at Lytal, Reiter, Smith, Ivey & Fronrath worked diligently for over a year on my case. Everything was communicated to me throughout every step, and I was so grateful for their efforts, care, and persistence.”
— Nicole F.
FAQs about wrongful death in Palm Beach Gardens
Do I need a lawyer to file a wrongful death claim?
Wrongful death cases involve probate rules, statutory requirements, and often substantial insurance coverage. Working with a wrongful death lawyer Palm Beach Gardens families trust can help ensure the case is filed properly and fully evaluated.
Can a surviving spouse recover damages?
Yes. A surviving spouse may seek compensation for loss of companionship, mental pain and suffering, and lost support.
What if my loved one died in a car accident in Palm Beach Gardens?
If negligence contributed to the crash, a wrongful death claim may be available in addition to any insurance claims. These cases often require accident reconstruction and review of traffic or medical records.
How much is a wrongful death case worth?
There is no fixed amount. Value depends on financial loss, family relationships, earning history, and the circumstances of the death.
Local resources after a wrongful death in Palm Beach Gardens
Depending on how the death occurred, families may need official reports, probate filings, or investigative records. The following local offices may assist depending on the circumstances of the death:
Palm Beach County Medical Examiner & Coroner
3126 Gun Club Road
West Palm Beach, FL 33406
Palm Beach Gardens Police Department
10500 N Military Trail
Palm Beach Gardens, FL 33410
Palm Beach County Clerk of the Circuit Court & Comptroller
Probate & Court Records Division
205 N Dixie Highway
West Palm Beach, FL 33401
If the death involved a car accident, police report copies are typically available through the investigating agency or the Florida Highway Patrol.
Talk with a Palm Beach Gardens wrongful death attorney today
The loss of a loved one is overwhelming. Legal action may feel secondary to grief, but important deadlines apply. A careful review of your situation can help you understand your options.
Lytal, Reiter, Smith, Ivey & Fronrath represents families throughout Palm Beach Gardens and Palm Beach County in Florida wrongful death matters. If you believe negligence caused the loss of a loved one, call (561) 655-1990 or contact us online for a free consultation. We are here to provide clear guidance and steady advocacy during a profoundly difficult time.
