The Florida Wrongful Death Act gives your family exactly two years from the date of death to file a civil claim — and courts enforce this deadline without exception under Fla. Stat. § 95.11. In cases involving a car or truck crash, a fall, a defective product, or negligent care at a nursing facility in Fort Lauderdale or anywhere in Broward County, that window begins running the moment your loved one dies. Florida’s Wrongful Death Act — Fla. Stat. §§ 768.16–768.26 — entitles specific family members to recover funeral costs, lost financial support, lost companionship, and compensation for the pain and suffering your loved one endured before they died. Rothenberg Law takes over all contact with insurance companies immediately so your family is not approached by adjusters during this time. Call as soon as you are able.
Rothenberg Law handles wrongful death claims throughout Fort Lauderdale and Broward County arising from all causes of preventable death, including:
Florida’s Wrongful Death Act — Fla. Stat. §§ 768.16–768.26 — allows specific family members to recover the following categories of damages:
Who can file a wrongful death lawsuit in Florida?
Under Fla. Stat. § 768.20, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate on behalf of all eligible survivors. Eligible survivors who may recover damages include the surviving spouse, children, parents (when there is no surviving spouse or child), and blood relatives or adoptive siblings who were at least partially dependent on the deceased for financial support or services.
What damages are available in a Florida wrongful death case?
The Florida Wrongful Death Act allows recovery for: lost earnings and financial support; funeral and burial expenses; loss of companionship, guidance, and protection; mental pain and suffering of surviving family members; and medical expenses incurred by the deceased prior to death. The specific damages available to each survivor depend on their relationship with the deceased and the circumstances of the case.
How long do I have to file a wrongful death claim in Florida?
Two years from the date of death under Fla. Stat. § 95.11. This deadline is absolute — missing it permanently bars the claim. Evidence also disappears quickly in these cases, which is why calling Rothenberg Law immediately is critical on both fronts.
How much is a wrongful death case worth in Florida?
Case value depends on the age and income of the deceased, the number and relationship of eligible survivors, and the available insurance coverage. Cases involving the death of a working-age adult with dependents — from a trucking crash, a preventable fall, or a defective product — can result in multi-million-dollar recoveries when every category of damages is documented and every liable party is identified. Rothenberg Law handles wrongful death cases throughout Fort Lauderdale and Broward County and provides a frank assessment on the first call at no charge.
What if the death resulted from a criminal act — can I still file a civil wrongful death claim?
Yes. A civil wrongful death claim and a criminal prosecution are entirely separate proceedings. A criminal conviction is not required. The standard of proof in a civil case — preponderance of the evidence — is substantially lower than the criminal standard of beyond a reasonable doubt. Rothenberg Law handles wrongful death claims arising from intentional acts, criminal negligence, and all other causes throughout Broward County and South Florida.
Rothenberg Law handles wrongful death cases throughout Fort Lauderdale and across Broward County — including Hollywood, Pompano Beach, Plantation, Coral Springs, Hallandale Beach, and Deerfield Beach. In cases arising from traffic crashes, the Broward County Medical Examiner’s Office provides autopsy and toxicology records that Rothenberg Law obtains as a standard step in every wrongful death investigation. Cases are filed with the personal representative of the estate and litigated in Broward County’s 17th Judicial Circuit Court of Florida or, where applicable, in the United States District Court for the Southern District of Florida.
If you lost a family member due to someone else’s negligence in Fort Lauderdale or Broward County, call Rothenberg Law as soon as you are able.
Free consultation. No fee unless we recover compensation for your family.
Rothenberg Law takes over all contact with the insurance company immediately — your family will not be approached while grieving.
