WRONGFUL DEATH CASE

Florida Wrongful Death Lawyers
Helping Families Seek Answers, Accountability, and Justice After the Loss of a Loved One
Losing a loved one is devastating. When that loss is sudden and caused by another person or company’s negligence, families are often left searching for answers.

Why did this happen? Who is responsible? Could it have been prevented? What rights does our family have?

At Saban + Solomon, we understand that a wrongful death case is about far more than financial compensation. It is about the person your family lost and the impact that loss has had on everyone who loved and depended on them.

Our Florida wrongful death attorneys take the time to listen to your family, understand what happened, investigate who may be responsible, and explain your legal options. We work closely with our clients throughout the process to pursue the answers, accountability, and justice their families deserve.

Your family is our priority.

What Is Wrongful Death in Florida?
A wrongful death may occur when a person dies because of the negligence, wrongful act, default, or breach of another person or entity.

A Florida wrongful death claim can arise from many different circumstances, including:

Car, truck, motorcycle, and pedestrian accidents
Dangerous or unsafe property conditions
Negligent security
Defective products
Construction and workplace incidents
Boating and maritime accidents
Other incidents involving negligence or wrongful conduct
Every wrongful death case is different. Determining whether a family has a claim requires investigating how the death occurred, identifying potentially responsible parties, preserving evidence, and evaluating the applicable Florida law.

Who Can File a Wrongful Death Lawsuit in Florida?
One of the first questions families often ask is: Who actually files the wrongful death lawsuit?

Under the Florida Wrongful Death Act, the wrongful death action is generally brought by the personal representative of the deceased person’s estate for the benefit of the estate and eligible survivors.

This is an important distinction. Individual family members generally do not simply file separate wrongful death lawsuits on their own. A personal representative must be properly appointed and brings the action identifying the survivors who may be entitled to recover damages under Florida law.

Establishing a personal representative may require opening an estate through the Florida probate court.

Our attorneys can help families understand this process and coordinate the steps necessary to move the wrongful death claim forward.

Who May Be Considered a Survivor Under Florida Wrongful Death Law?
Florida law determines which family members qualify as survivors and which damages may be available to each survivor.

Depending on the circumstances, survivors may include:

A surviving spouse
Children
Parents
Certain blood relatives or adoptive siblings who were dependent upon the deceased person for support or services
The damages available to a particular survivor can depend on several factors, including the survivor’s relationship to the person who died and the circumstances of the case.

This is why we believe that understanding the relationship between each family member and their loved one is one of the most important parts of handling a wrongful death case.

Every family has a story. We take the time to understand yours.

What Compensation May Be Available in a Florida Wrongful Death Case?
Florida’s Wrongful Death Act establishes the types of damages that eligible survivors and the estate may be entitled to recover.

Depending on the facts of the case and applicable law, recoverable damages may include:

Loss of financial support and services
Loss of a spouse’s companionship and protection
Loss of parental companionship, instruction, and guidance
Mental pain and suffering
Medical expenses related to the final injury or illness
Funeral and burial expenses
Lost earnings and other damages suffered by the estate
The damages available in a wrongful death case are highly dependent upon the particular circumstances and the relationship between the deceased person and the surviving family members.

Our attorneys evaluate each family’s circumstances individually rather than treating wrongful death cases as simply another injury claim.

How Do You Prove a Wrongful Death Claim?
A successful wrongful death case generally requires evidence establishing that another person or entity was legally responsible for the death.

Depending on the case, an investigation may involve obtaining and analyzing:

Accident and incident reports
Photographs and video surveillance
Witness statements
Medical records
Autopsy and investigative records
Vehicle or electronic data
Property maintenance and inspection records
Corporate records and policies
Expert opinions
Insurance information
Other evidence concerning how and why the incident occurred
Important evidence can disappear over time. Surveillance footage may be erased, physical conditions can change, and witnesses' memories may fade.

For that reason, families who believe negligence may have contributed to the death of a loved one should consider speaking with an experienced Florida wrongful death attorney as soon as reasonably possible.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Florida law places strict deadlines on wrongful death claims.

The applicable deadline can depend on the circumstances surrounding the death and the parties involved. Waiting too long can potentially prevent a family from pursuing an otherwise valid claim.

Because determining the correct deadline can involve important legal issues, families should not assume how much time they have based solely on general information found online.

Speaking with a Florida wrongful death lawyer early also gives the attorney an opportunity to preserve evidence and begin investigating the circumstances surrounding the death.

What Does a Wrongful Death Attorney Do?
When Saban + Solomon represents a family following the wrongful death of a loved one, our job is to take on the legal burden while keeping the family informed throughout the process.

Depending on the case, our attorneys may:

Investigate how and why the death occurred
Identify all potentially responsible parties
Preserve important evidence
Obtain insurance and corporate information
Work with appropriate experts
Assist with issues involving the personal representative and estate
Identify eligible survivors
Evaluate the damages suffered by the family and estate
Handle communications with insurance companies and defense attorneys
Negotiate for a fair resolution
File a wrongful death lawsuit when appropriate
Prepare the case for trial when necessary
Our goal is not simply to process a claim. We want to understand what happened and tell the story of the person your family lost.

Why Families Choose Saban + Solomon
Wrongful death cases require legal experience, careful investigation, and an understanding that the people involved are dealing with one of the most difficult experiences of their lives.

At Saban + Solomon, we believe families deserve personal attention and direct communication from the attorneys handling their case.

We listen.

We investigate.

We ask the difficult questions.

We pursue the people and companies responsible.

And we fight for the answers and justice our clients deserve.

Families want answers. Families want accountability. Families want justice.

Frequently Asked Questions About Florida Wrongful Death Claims
Can a family member file a wrongful death lawsuit in Florida?
Florida wrongful death actions are generally brought by the personal representative of the deceased person's estate on behalf of the estate and eligible survivors. The appropriate personal representative may need to be appointed through probate proceedings.

Do you need to open an estate for a wrongful death lawsuit in Florida?
Because the personal representative brings the wrongful death action, it is often necessary to establish an estate and have a personal representative properly appointed. The exact probate requirements depend on the circumstances.

Who receives money from a wrongful death settlement in Florida?
Florida law determines which survivors and estate beneficiaries may be entitled to particular damages. The allocation can depend on factors including the family relationships involved and the categories of damages being recovered.

What damages can children recover after the wrongful death of a parent?
Depending on the circumstances and applicable Florida law, children may be entitled to damages associated with the loss of parental companionship, instruction and guidance, mental pain and suffering, and other recoverable losses.

Can parents recover for the wrongful death of a child?
Florida law provides circumstances in which parents may recover damages following the wrongful death of a child. The damages available depend on the specific circumstances and applicable provisions of the Florida Wrongful Death Act.

Can you bring a wrongful death claim after a fatal car accident?
Yes. When a fatal motor vehicle accident was caused by another driver's negligence or another legally responsible party, the circumstances may support a wrongful death claim. Fatal crashes involving commercial trucks, rideshare vehicles, unsafe road conditions, or defective vehicles can involve additional potentially responsible parties.

How much is a Florida wrongful death case worth?
There is no standard value for a wrongful death claim. The potential value depends on numerous factors, including liability, available insurance and assets, the deceased person's age and earnings, the survivors and their relationships with the deceased, and the damages permitted under Florida law.

Be cautious of anyone who claims to know what a wrongful death case is worth before understanding the facts, evidence, insurance coverage, and family circumstances.

How long does a wrongful death case take?
There is no single timeline. Some claims can be resolved through negotiation, while others require litigation and potentially trial. The complexity of the investigation, number of responsible parties, available insurance coverage, probate issues, and willingness of the defendants to accept responsibility can all affect how long a case takes.

What should I do if I believe my loved one's death was caused by negligence?
You do not need to know exactly what happened before contacting an attorney. In many cases, determining what happened is part of the attorney's investigation.

Preserving evidence early can be extremely important. An experienced wrongful death attorney can investigate the incident, identify potentially responsible parties, and explain the family's rights under Florida law.

Speak With a Florida Wrongful Death Attorney
If you lost a loved one and believe another person or company may be responsible, you deserve to understand what happened and what rights your family has.

You do not have to determine whether you have a case on your own.

Saban + Solomon is here to listen.

Our attorneys can review the circumstances surrounding your loved one's death, explain Florida's wrongful death laws, and help your family understand the options available.

Contact Saban + Solomon today to speak with a Florida wrongful death attorney about your family's rights.