What Families Should Know Before Filing a Wrongful Death Claim in Florida

November 6, 2025

What Families Should Know Before Filing a Wrongful Death Claim in Florida

Losing a loved one due to someone else’s negligence or wrongful act is one of life’s most painful experiences. Beyond the grief, families are often left facing unexpected financial and emotional challenges. While no amount of money can make up for the loss, a wrongful death claim can help bring justice, accountability, and financial stability during a difficult time.


At Blaise Law Office, P.A.., Attorney McKinley Augustin guides families in Pompano Beach, Florida, through the process with care, compassion, and legal precision. He understands that this isn’t just a legal matter — it’s deeply personal — and he’s committed to helping your family seek the justice and peace you deserve.


📞 Call 954-388-5300 to schedule a confidential consultation with a Florida wrongful death attorney today.


What Is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by another party’s negligence, recklessness, or intentional act. These claims aim to hold the at-fault party accountable and provide financial relief for surviving family members.


In Florida, wrongful death claims may result from:


  • Car, truck, or motorcycle accidents caused by negligent drivers
  • Medical malpractice leading to preventable fatalities
  • Workplace or construction accidents
  • Defective products
  • Premises liability incidents, such as slip and fall or inadequate security
  • Criminal acts resulting in fatal injuries


Each case is unique, but the goal remains the same — to secure justice and financial recovery for those left behind.


Who Can File a Wrongful Death Claim in Florida?

Florida law allows certain family members to bring a wrongful death claim through a personal representative of the deceased person’s estate. Eligible survivors typically include:


  • The spouse of the deceased
  • Children, including adopted or dependent minors
  • The parents of the deceased
  • Other dependents or relatives who relied on the person for financial or emotional support


Because the law can be complex, it’s important to speak with an attorney who understands Florida’s Wrongful Death Act and can ensure that your family’s rights are fully protected.


What Compensation May Be Recovered?

A successful wrongful death claim can help your family recover both economic and non-economic damages, including:


Economic Damages

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Lost income and future earnings
  • Loss of benefits or financial support


Non-Economic Damages

  • Emotional pain and suffering
  • Loss of companionship, guidance, and care
  • Mental anguish for surviving family members


In some cases involving extreme negligence or intentional harm, the court may also award punitive damages — additional compensation meant to punish the responsible party and deter similar conduct in the future.


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

Time is a critical factor. Under Florida Statutes § 95.11(4)(d), families generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can result in losing your right to seek compensation entirely.


However, certain circumstances — such as government liability or ongoing criminal investigations — can affect the filing timeline. That’s why it’s essential to contact an attorney as soon as possible to preserve evidence, gather witness statements, and begin building your case.


Why Hiring a Wrongful Death Attorney Matters

Wrongful death claims are emotionally charged and legally complex. A compassionate and experienced attorney can help your family by:


  • Investigating the cause of death and identifying all liable parties
  • Gathering medical records, witness testimony, and expert analysis
  • Calculating fair compensation for both financial and emotional losses
  • Handling all communication with insurance companies and opposing counsel
  • Providing compassionate support throughout the legal process


At Blaise Law Office, P.A., we handle these cases with empathy and determination — ensuring your family’s story is heard and justice is pursued with care.


Steps to Take if You Suspect Wrongful Death

If you believe your loved one’s death resulted from negligence, here’s what you should do:


  1. Preserve evidence — Keep all records, documents, and communications related to the incident.
  2. Avoid speaking to insurers — Direct all inquiries to your attorney to avoid misstatements.
  3. Document your losses — Track funeral costs, lost income, and the emotional impact on your family.
  4. Seek legal counsel quickly — The sooner an attorney investigates, the stronger your case can be.


Standing By Your Side Through Every Step

Attorney McKinley Augustin understands that a wrongful death claim is more than just a legal action — it’s a step toward closure and accountability. He approaches every case with sensitivity, clear communication, and a deep commitment to helping families move forward with dignity.

If you’ve lost a loved one due to negligence in Pompano Beach or throughout South Florida, you don’t have to face this alone.

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