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.
From PGA National to downtown, our attorneys advocate for families struggling with an unexpected loss. What’s more, we believe that your financial situation shouldn’t decide if you get to seek justice for your loved one. That’s why we take each case on a contingency fee basis, which means no upfront costs and no fees if we don’t recover compensation in your case.
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.
Don’t Wait – Florida’s two-year deadline moves quickly. Contact Fogg Law Group today for a free consultation.
How We Prove Liability in Wrongful Death Cases
At Fogg Law Group, we conduct a thorough investigation to build a strong case, including:
- Reviewing the Evidence: We review all available documents in the case, starting with medical records, police reports, and witness statements.
- Identifying Experts: We rely on accident reconstruction experts and forensic specialists to prove how an accident happened, especially when it wasn’t captured on video.
- Explore Potential Violations: Our attorneys assess the possibility of employer safety violations and corporate negligence when investigating liability in a wrongful death case.
- Recall Review: Our team analyzes defective product recalls and manufacturer liability when appropriate.
- Fighting for Compensation: We aggressively pursue compensation to ensure responsible parties are held accountable.
What to Do If You Have Lost a Loved One Due to Negligence
After an unexpected death, dealing with a potential legal claim may be one of the last things your family wants to think about. According to attorney Ryan Fogg, some of the important steps you can take to deal with the heartache while also pursuing a wrongful death claim.
Preserve Important Evidence
Keep anything that may help explain what happened to your loved one. Don’t alter or discard anything that could become relevant, like defective products or security camera footage.
Keep Track of Financial Documents
An unexpected death can immediately create expenses while also eliminating the financial support that a household expected to receive for years to come. You don’t need to calculate the full value of those damages yourself, but you should keep relevant financial documents together.
Be Careful with Insurance Companies
An insurance adjuster may contact your family shortly after the death, sometimes before you have had an opportunity to understand what happened. You do not have to provide a recorded statement or accept an early settlement simply because the insurer requests a quick response. It’s especially dangerous to speak with an adjuster following an unexpected death in the family, given that emotions are likely running high.
Write Down What You Know
Memories can become harder to reconstruct as time passes, especially during grief. Write down what you know about the events leading to your loved one’s death, including important dates, conversations, witnesses, medical treatment, and anything unusual that occurred.
Contact a Wrongful Death Lawyer
You shouldn’t have to determine whether someone’s negligence caused your loved one’s death on your own. Our Palm Beach Gardens wrongful death attorneys can investigate the circumstances and explain who may recover compensation under Florida law.
How Do Survival Actions and Wrongful Death Claims Work Together?
Florida law distinguishes between damages suffered by surviving family members as a result of a death and certain claims that belonged to the deceased person or the estate. Understanding that distinction matters because of the way these two sets of compensation could potentially fit together to support your family.
Survival Actions
A survival action preserves certain legal claims that the deceased person could have pursued if he or she had lived. Under Florida law, however, a personal injury claim generally does not simply continue unchanged if the injury itself caused the person’s death. In that situation, Florida’s Wrongful Death Act governs the damages arising from the fatal injury.
A separate survival claim may remain available for injuries or damages that did not cause the death. For example, if someone had an existing legal claim unrelated to the eventual cause of death, the personal representative may be able to continue that claim on behalf of the estate.
Wrongful Death Claims
If negligence causes a death, the personal representative brings the wrongful death action for the benefit of the deceased person’s estate and eligible survivors. Depending on the family relationships and circumstances, survivors may include a spouse, children, parents, and certain dependent relatives.
Available damages can include lost support and services, loss of companionship or parental guidance, certain medical and funeral expenses, and mental pain and suffering for qualifying survivors.
How Are Wrongful Death Settlement Proceeds Distributed?
Wrongful death settlement proceeds are not necessarily divided equally among family members. A settlement should identify the amounts allocated to the estate and to individual survivors, based on the damages to which each is legally entitled.
Factors such as the survivor’s relationship to the deceased, dependency, lost support and services, and the particular damages allowed under Florida law can affect the allocation. If survivors cannot agree on how a settlement should be divided, the court may determine the proper distribution.
An attorney can identify eligible survivors, document each person’s damages, address estate-related issues, and structure the settlement so that the proceeds are distributed in accordance with Florida law rather than assuming that every family member receives the same share.
Why Choose Fogg Law Group?
There are many reasons why Fogg Law Group is right for your wrongful death case. Not only will we treat you and your family with respect, but we’ll manage every aspect of your case while you deal with the loss of a family member. Some of the reasons to select our firm include:
- 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.
Our attorneys have a proud record of success, with multiple seven-figure results in wrongful death cases. You don’t have to take our word for it that we’re ready to help, as our case results speak for themselves. There, you can learn about how our efforts helped a family secure a $3.6 million trial judgment after a medical mistake resulted in a patient’s avoidable death.
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.
Frequently Asked Questions
Answered by Ryan Fogg, Palm Beach Gardens Wrongful Death Attorney
What Qualifies as a “Wrongful Death” in Florida?
A wrongful death occurs when negligence, a wrongful act, or another legal fault causes a person’s death and the deceased could have pursued a claim if death had not occurred.
Who Is Legally Allowed to File a Wrongful Death Lawsuit in Florida?
The personal representative of the deceased person’s estate files the lawsuit on behalf of the estate and eligible surviving family members.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim seeks damages resulting from the death. A survival action preserves certain claims the deceased person had before death that survive under Florida law.
Can I Pursue Punitive Damages in a Wrongful Death Case?
Potentially. Florida permits punitive damages in qualifying cases involving intentional misconduct or gross negligence, subject to specific legal requirements.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Wrongful death attorneys commonly work on a contingency fee basis, meaning attorney fees depend on obtaining compensation for the family.