When someone you love dies because of another person's negligent or reckless actions, families face grief along with urgent financial and legal questions. Florida law allows surviving family members to seek compensation for losses such as lost income, medical bills, funeral expenses, and the emotional harm of losing a spouse, parent, or child.
The Fort Lauderdale wrongful death lawyers at Englander Peebles represent families across Broward County and South Florida in claims arising from car accidents, slip and fall incidents, and other preventable deaths caused by negligence. Contact our firm today for a free consultation.
How Do the Fort Lauderdale Wrongful Death Lawyers at Englander Peebles Help Families?
Pursuing a wrongful death claim while grieving is one of the hardest things a family faces. Insurance companies move quickly to protect their interests, evidence may disappear, and filing deadlines approach whether you feel ready or not. Englander Peebles takes on the legal burden so you have space to focus on your family.
Direct Representation From Founding Attorneys
Gary Englander and Warren Peebles handle each wrongful death case personally. You communicate with your attorney throughout the process rather than getting handed off to support staff. That direct relationship matters when the details of your case affect your family's financial future and the outcome of a claim tied to someone you loved.
Thorough Investigation Into Every Source of Liability
Our team reviews what happened and looks for every possible source of fault. We review accident reports, medical records, property maintenance records, and other evidence that may show negligence. Understanding what is needed to prove wrongful death helps families see why gathering evidence early is so important. We then identify all responsible parties and applicable insurance coverage to establish the strongest possible basis for your claim.
Englander Peebles handles wrongful death cases on a contingency fee basis, and you typically do not pay attorney fees unless the case results in a recovery. Reach out today to speak with a Fort Lauderdale wrongful death attorney about your family's situation.
Who Has the Legal Right to File a Wrongful Death Claim in Florida?
Florida law does not allow individual family members to file a wrongful death lawsuit on their own. Under Florida Statute 768.20, only the personal representative of the deceased person's estate has the authority to bring the claim. That representative files on behalf of both the estate and the eligible surviving family members.
How the Personal Representative Is Selected
If the deceased had a will, it typically names a personal representative. When no will exists, the probate court appoints someone to fill that role, usually the surviving spouse or an adult child. Your wrongful death attorney guides the representative through each step of this process to make sure the claim moves forward without unnecessary delay.
Which Surviving Family Members May Recover Damages
Florida Statute 768.21 identifies the specific categories of survivors who may receive compensation and the types of losses each person may claim. The following family members may have grounds to seek damages in a Fort Lauderdale wrongful death case:
- A surviving spouse may seek recovery for loss of companionship, protection, and mental pain and suffering from the date of injury
- Minor children, defined under the statute as those under age 25 when the deceased parent dies, may recover for loss of parental guidance, instruction, and mental pain and suffering
- Adult children may recover those same damages only when there is no surviving spouse
- Parents of an adult child may seek compensation for mental pain and suffering when the child leaves behind no spouse or minor children
- Blood relatives and adoptive siblings who depended on the deceased for financial support may also have a claim
Each survivor's recovery depends on their relationship to the deceased, their level of dependency, and the specific facts of the case. A wrongful death attorney helps every eligible family member understand what they may be able to pursue.
What Types of Wrongful Death Claims Do Fort Lauderdale Families Pursue
Wrongful death claims in Florida arise whenever a person's death results from the negligent, reckless, or wrongful conduct of another party. Under Florida Statute 768.19, the claim is available when the deceased would have had the right to file a personal injury lawsuit if they had survived.
In Fort Lauderdale and across Broward County, wrongful death claims frequently arise from the following types of incidents:
- Fatal car, truck, motorcycle, and rideshare accidents caused by distracted, impaired, or reckless drivers on roadways like I-95, Broward Boulevard, and Sunrise Boulevard
- Slip and fall accidents on commercial or residential property where the owner failed to maintain safe conditions or address a known hazard
- Pedestrian and bicycle accidents involving drivers who failed to yield, ran a red light, or struck someone in a crosswalk
- Fatal accidents involving negligent security, dangerous property conditions, or defective premises
Each type of claim involves different evidence and different liable parties. A wrongful death lawyer with experience across multiple case types reviews the circumstances of the death to determine the strongest path forward for your family.
What Compensation May Be Available in a Fort Lauderdale Wrongful Death Claim?
Florida law separates wrongful death damages into categories based on who suffered the loss. The personal representative may seek damages on behalf of both the estate and the surviving family members in a single lawsuit.
Economic Damages
Economic damages cover the measurable financial losses your family has already suffered and those you face going forward. These losses add up quickly and often extend far into the future, depending on the deceased person's age, earning capacity, and role in the household.
A wrongful death claim in Fort Lauderdale may include the following categories of economic damages:
- Medical expenses from the deceased's final injury through death, including emergency transport, surgery, hospitalization, and intensive care
- Funeral and burial costs, which create immediate financial pressure on grieving families
- Lost income and benefits the deceased would have earned over the remainder of their working life, including salary increases, retirement contributions, and employer-provided insurance
- Lost household services, representing the economic value of tasks the deceased previously performed, from childcare and home maintenance to financial management
These losses must be documented carefully. In many cases, economists estimate the value of future lost income. The more thoroughly these damages are documented, the stronger the claim becomes during negotiations or at trial.
Non-Economic Damages for Surviving Family Members
Non-economic damages address the personal and emotional toll of losing someone close to you. The specific types of non-economic damages available to each survivor depend on their relationship to the deceased under the statute. Spouses, children, and parents each have distinct categories of recoverable losses as outlined in Florida Statute 768.21.
The Estate's Separate Recovery
The personal representative may also recover damages on behalf of the estate itself, including the deceased's lost earnings between the date of injury and the date of death, as well as medical and funeral expenses that became a charge against the estate. Any recovery for the estate remains subject to creditor claims under Florida probate law.
Insurance companies regularly attempt to minimize these losses by disputing the severity of damages or offering settlements that fall well short of the claim's value. Working with a wrongful death lawyer who knows how to calculate and document the full scope of your family's losses strengthens your position throughout negotiations.
How Do Florida's Filing Deadlines and Fault Rules Affect a Wrongful Death Claim?
Two areas of Florida law directly affect your family's ability to bring a wrongful death claim. Both involve strict deadlines and thresholds that, if missed or crossed, may permanently eliminate the right to seek compensation.
The Two-Year Statute of Limitations for Wrongful Death
Under Florida Statute 95.11, your family has two years from the date of death to file a wrongful death lawsuit. The clock starts on the day the person passes away, which may be days or weeks after the incident that caused the fatal injury. If the lawsuit is not filed before that window closes, the court will likely dismiss the case.
Florida law may allow additional time in limited circumstances, such as when the death resulted from murder or manslaughter. However, the vast majority of wrongful death cases fall under the standard two-year deadline, and waiting to act puts your claim at risk.
How Modified Comparative Negligence Applies to Wrongful Death Cases
Florida's 2023 tort reform law changed the state from a pure comparative negligence system to a modified one. Under Florida Statute 768.81, a party found more than 50% at fault for their own harm may not recover any damages. In a wrongful death case, the amount of fault assigned to the deceased affects whether the family can recover damages.
Insurance companies frequently argue that the deceased shares a large portion of the blame, and they use several strategies to inflate that percentage:
- Claiming the deceased failed to follow safety rules, traffic laws, or posted warnings at the time of the incident
- Arguing the deceased's own medical condition, rather than the negligent act, caused the death
- Presenting selective evidence that emphasizes the deceased's conduct while minimizing the negligent party's role
- Pointing to the absence of testimony from the deceased, who is unable to provide their own account of what happened
Each of these arguments aims to push the deceased's fault allocation above the 50% threshold. Early legal representation helps preserve evidence and build a factual record that accurately reflects who bears responsibility for the death.
What Tactics Do Insurance Companies Use in Fort Lauderdale Wrongful Death Claims?
Insurance carriers treat wrongful death claims as financial calculations. Their adjusters follow strategies designed to minimize payouts, and the tactics they use become more aggressive when the claim involves significant damages.
How Insurers Try to Reduce or Deny a Wrongful Death Claim
Families often receive settlement offers within days or weeks of the death. These early offers rarely reflect the full value of the claim. Insurers count on grief and financial pressure to push families toward accepting less than they may be owed. Some of the most common strategies include:
- Rushing a lowball settlement offer before the family has time to understand the full scope of their losses
- Requesting recorded statements from survivors while emotions are raw, looking for inconsistencies to use against the claim later
- Disputing liability by arguing the deceased shared a significant portion of the blame for the incident
- Dragging out the investigation and claims process in hopes that mounting bills pressure the family into accepting a reduced offer
An insurance company's first offer is rarely its best. Having legal representation means your attorney handles all communication, documents the full range of damages, and challenges every tactic designed to reduce what your family may recover.
FAQs for Fort Lauderdale Wrongful Death Lawyers
What qualifies as a wrongful death under Florida law?
Under Florida Statute 768.19, a wrongful death occurs when a person dies as a result of another party's negligent or wrongful act, default, or breach of duty. The claim is available when the deceased would have had the right to file a personal injury lawsuit if they had survived. Wrongful death claims may arise from car accidents, slip and falls, medical incidents, and other forms of negligence.
Who files the wrongful death lawsuit in Florida?
Only the personal representative of the deceased person's estate may file the lawsuit under Florida Statute 768.20. That person files on behalf of the estate and all eligible surviving family members. If no will names a representative, the probate court appoints one.
How long does a family have to file a wrongful death lawsuit in Florida?
The statute of limitations is two years from the date of death under Florida Statute 95.11. Missing that deadline almost always bars the family from pursuing compensation, regardless of the strength of the evidence.
Does it matter if the deceased was partially at fault for the incident?
Yes. Under Florida's modified comparative negligence law, if the deceased is found more than 50% responsible, the family's wrongful death claim may be barred entirely. If the deceased's share of fault is 50% or less, the total damages are reduced by that percentage. Preserving evidence that accurately reflects fault allocation is a central part of building the claim.
What types of damages may a family recover in a wrongful death case?
Damages may include medical expenses from the final injury, funeral and burial costs, lost income and benefits the deceased would have earned, loss of companionship, parental guidance, protection, and mental pain and suffering. The specific damages available to each family member depend on their relationship to the deceased under Florida Statute 768.21.
Take Action Now by Contacting the Fort Lauderdale Wrongful Death Lawyers at Englander Peebles
Florida's two-year statute of limitations starts running on the day your loved one dies, and the practical window for preserving evidence is even shorter. Surveillance footage can be erased over time.
Witness memories fade, and physical evidence may disappear. Every week that passes without a legal team actively working on your behalf brings you closer to losing the ability to hold the responsible party accountable.
Englander Peebles represents families across Fort Lauderdale and Miami in wrongful death claims arising from car accidents, slip and fall incidents, and other preventable deaths caused by negligence.
Founding attorneys Gary Englander and Warren Peebles bring personal attention and thorough preparation to every case they take on. Contact the firm today for a free consultation and take the first step toward pursuing the compensation your family may be owed.