Compensation for the death of another

There is no way to put a price on the life of a loved one. Once you have lost someone, you would pay any amount to get them back. Unfortunately all this wrongful death attorney in South Florida can do is fight for you to be compensated.

If you, someone in your family or someone you know has lost a loved one in an accident that could have been prevented, call our Fort Lauderdale office today.

The law of Florida is designed to try and help family members who survive the loss of a loved one due to the negligence of another. Whether death resulting from an auto accident, death from medical malpractice or any other negligent cause, call The Dempsey Law Firm today to get the help you deserve.

Florida’s wrongful death laws are governed by the Florida Wrongful Death Act, found in Sections 768.16–768.26 of the Florida Statutes. These laws allow certain survivors and the decedent’s estate to seek compensation when a death is caused by another party’s wrongful act, negligence, default, or breach of contract or warranty. The purpose of the Act is to shift the financial losses resulting from the death from the survivors to the party legally responsible, while also holding wrongdoers accountable.

Under Florida law, a wrongful death claim must be brought by the personal representative of the deceased person’s estate, not by individual family members directly. The lawsuit is filed on behalf of both the estate and the statutory survivors, which may include the surviving spouse, children, parents, and, in some cases, other dependent relatives. The law strictly defines who qualifies as a survivor and what damages each category of survivor may recover, making standing and classification critical issues in these cases.

Damages in a Florida wrongful death action may include economic and non-economic losses. Survivors may recover compensation for lost support and services, loss of companionship and protection, mental pain and suffering, and loss of parental guidance or instruction. The estate may recover damages such as lost earnings from the date of injury to death, medical and funeral expenses paid by the estate, and the value of lost net accumulations. Florida law limits or bars certain damages depending on the survivor’s relationship to the decedent, such as restrictions on adult children recovering non-economic damages when the decedent leaves a surviving spouse.

Florida’s wrongful death laws also impose procedural rules and limitations, including statutes of limitation—generally two years from the date of death—and special requirements for claims against governmental entities, such as pre-suit notice and damages caps. Comparative negligence principles apply, meaning damages may be reduced if the decedent was partially at fault. Overall, Florida’s wrongful death framework balances survivor compensation, estate recovery, and statutory limitations, making these claims legally complex and highly dependent on family relationships, timing, and proof of liability.