Florida Wrongful Death Lawyers
Losing a loved one due to someone else’s negligence or misconduct is devastating. Families not only endure emotional pain but also face financial hardships from medical bills, funeral expenses, and lost income. When a preventable death occurs due to medical malpractice, car accidents, defective products, or other wrongful acts, surviving family members may have the right to seek justice and financial compensation.
At Fogg Law Group, we help families hold negligent parties accountable and fight for the compensation they need to move forward. If you lost a loved one due to wrongful death, we are here to help.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by the surviving family members of a deceased person when their death was caused by another party’s negligence, recklessness, or intentional misconduct. Unlike criminal cases, which seek punishment, wrongful death claims focus on compensating the surviving family for their financial and emotional losses.
To prove a wrongful death case, we must establish that:
- The responsible party had a duty of care (e.g., doctors, drivers, employers).
- They breached that duty through negligence or misconduct.
- This breach directly caused the victim’s death.
- The surviving family members suffered damages as a result.
Common Causes of Wrongful Death
1. Medical Malpractice
When doctors, hospitals, or medical professionals fail to provide the standard of care, fatal consequences can occur. Common examples include:
- Surgical errors leading to fatal complications.
- Failure to diagnose life-threatening conditions (e.g., cancer, stroke, infections).
- Medication or anesthesia errors causing overdose or organ failure.
- Delayed emergency care leading to preventable deaths.
2. Car Accidents & Truck Accidents
Motor vehicle crashes are one of the leading causes of wrongful death in Florida. Fatal accidents often result from:
- Drunk or distracted driving.
- Reckless speeding or road rage.
- Commercial truck driver negligence (fatigue, improper loading, or brake failure).
- Defective auto parts or road hazards.
3. Defective Products & Dangerous Drugs
Manufacturers must ensure their products are safe for consumer use. Fatal product defects may include:
- Defective medical devices (faulty implants, pacemakers, or ventilators).
- Unsafe prescription drugs leading to deadly side effects.
- Automotive defects (airbag failures, brake malfunctions).
- Toxic consumer goods causing fatal poisoning or fires.
4. Workplace Accidents & Construction Fatalities
Employees in high-risk industries such as construction, manufacturing, and transportation face daily dangers. Fatal work accidents often involve:
- Falls from heights due to unsafe scaffolding.
- Electrocution and exposure to toxic chemicals.
- Heavy machinery malfunctions.
- Lack of proper safety protocols by employers.
5. Nursing Home Negligence & Elder Abuse
Elderly residents rely on nursing homes for proper care and supervision. Wrongful death claims may arise from:
- Untreated infections or bedsores.
- Medication errors or malnutrition.
- Physical or emotional abuse by staff.
- Falls due to lack of supervision.
6. Violent Crimes & Negligent Security
Businesses and property owners must provide adequate security to protect visitors. Fatal incidents due to negligent security include:
- Fatal assaults at apartment complexes, hotels, or nightclubs.
- School and workplace shootings due to lack of safety measures.
- Sexual assaults leading to death.
- Failure to prevent known criminal activity in high-risk areas.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law (Florida Statutes § 768.21), only the personal representative (executor) of the deceased person’s estate can file a wrongful death lawsuit. The claim benefits surviving family members, including:
- Spouse – May recover compensation for lost companionship, emotional suffering, and financial support.
- Children – May receive damages for the loss of parental guidance, financial support, and emotional distress.
- Parents – Can seek compensation if a minor or unmarried adult child has passed away.
- Other Dependents – If financially dependent on the deceased, they may be entitled to compensation.
Compensation Available in a Wrongful Death Lawsuit
Surviving family members may recover economic and non-economic damages, including:
- Medical expenses incurred before the victim’s death.
- Funeral and burial costs.
- Loss of future income and benefits the deceased would have earned.
- Loss of companionship and emotional suffering.
- Loss of parental guidance for surviving children.
- Punitive damages in cases of reckless or intentional misconduct.
Florida Statute of Limitations for Wrongful Death Claims
Florida law sets different deadlines depending on how the wrongful death occurred:
- General Wrongful Death Claims: Must be filed within two years from the date of death (Florida Statutes § 95.11).
- Medical Malpractice Wrongful Death Claims: Must be filed within two years of the negligent act or when the negligence was discovered.
- Car Accident Wrongful Death Claims: Must be filed within two years of the crash.
- Defective Product Wrongful Death Claims: Must be filed within two years of death, but no later than 12 years from when the product was first sold (statute of repose).
Failing to file within the statute of limitations may result in losing the right to seek compensation.
How We Prove Liability in Wrongful Death Cases
At Fogg Law Group, we conduct a thorough investigation to build a strong case, including:
- Reviewing medical records, police reports, and witness statements.
- Working with accident reconstruction experts and forensic specialists.
- Examining employer safety violations and corporate negligence.
- Analyzing defective product recalls and manufacturer liability.
- We fight aggressively to ensure responsible parties are held accountable.
What to Do If You Have Lost a Loved One Due to Negligence
- Preserve Evidence – Gather medical records, accident reports, and correspondence related to the incident.
- Document Financial Losses – Keep records of medical bills, funeral expenses, and lost income.
- Avoid Speaking to Insurance Adjusters – They may try to minimize your claim.
- Contact a Wrongful Death Lawyer – An experienced attorney can protect your rights and seek maximum compensation.
Why Choose Fogg Law Group?
- Proven Track Record – We have successfully recovered millions for families affected by wrongful death.
- Compassionate Legal Support – We guide families through every step of the legal process.
- No Upfront Costs – We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you lost a loved one due to medical negligence, a fatal accident, or corporate misconduct, we are ready to fight for justice and financial compensation. Call 1-561-616-3000 or contact us online to schedule a free consultation.