Wrongful Death

When a Death Is Considered Wrongful in Florida

Florida's Wrongful Death Act (sections 768.16–768.26, Florida Statutes) allows a claim when someone dies because of another person's or company's negligence, recklessness or intentional act. The basic test is simple: if your loved one could have brought an injury claim had they survived, the family can generally bring a wrongful death claim instead.

Most of these cases grow out of ordinary carelessness, not intent. They can arise from fatal crashes on I-275, I-75 and the Veterans Expressway, pedestrians struck on wide roads like Bruce B. Downs Boulevard, trucking and motorcycle collisions, boating accidents, and deaths caused by unsafe property or defective products.

If the person responsible is also facing criminal charges, that case runs separately. Your family's civil claim does not depend on a conviction, and it uses a lower burden of proof.

Who Brings the Claim: The Personal Representative

In Florida, a wrongful death claim is filed by the personal representative of your loved one's estate. That person acts on behalf of both the estate and the surviving family members. If a will names a personal representative, that person usually serves. If there is no will, the probate court appoints one, often a spouse or adult child.

The Act defines the "survivors" who may benefit from the claim:

• A spouse
• Children
• Parents
• Blood relatives and adoptive siblings who were partly or wholly dependent on the person for support or services

One detail surprises many families: for wrongful death purposes, Florida treats children under 25 as "minor children." That can affect which damages a son or daughter may recover.

What a Wrongful Death Claim Can Recover

No amount of money replaces a person. What a claim can do is relieve the financial pressure on the people left behind and recognize the loss in concrete terms. Depending on the family's circumstances, damages may include:

• Lost support and services. The income your loved one would have provided, plus the everyday help they gave: driving the kids, repairs around the house, cooking, advice and guidance.
• Loss of companionship and guidance. A surviving spouse, and children who lost a parent, may recover for lost companionship, protection, instruction and guidance, along with their own mental pain and suffering. Parents who lose a child may also recover for their pain and suffering, depending on the child's age and the family's circumstances.
• Medical and funeral expenses. Bills from the final injury or illness, plus funeral and burial costs, recovered by whoever paid them.
• Estate damages. The estate may recover earnings lost between the injury and death and, in some cases, the savings your loved one would reasonably have built over a lifetime.

Which survivors receive which damages depends on their relationship and the specific facts. To value future losses, we work with economists and other financial professionals who can project lost income, benefits and household services over the years ahead.

A Result That Shows Why Investigation Matters

One of our wrongful death cases began when a man was thrown from a boat in Clermont, Florida, after the steering column failed. He did not survive. Liability was disputed, and the initial offer was $0. The result: $450,000 (Drowning in Clermont, FL). Past results do not guarantee a similar outcome.

Cases like this turn on finding out exactly how a death happened and who had a duty to prevent it. That work starts on day one.

The Deadline Families Need to Know

Florida generally gives families two years from the date of death to file a wrongful death lawsuit. Exceptions exist, and some deadlines are shorter. Claims involving a city, county or state agency, for example, carry pre-suit notice requirements that must be met first.

Evidence also fades. Vehicle data, surveillance video, maintenance records and witnesses' memories can be lost within weeks. Calling early protects your family's options, even if you are not ready to make any decisions yet.

How We Handle the Process So You Can Grieve

Grief leaves little room for paperwork and phone calls with adjusters. Our job is to take that weight off your family:

• You work directly with Mike Hancock. Families meet with an attorney, not a paralegal, and get straight answers about what comes next.
• We deal with the insurance companies. Insurers sometimes reach out early with a quick offer. Please don't sign anything or give a recorded statement before talking with us.
• We investigate. We gather crash or incident reports, medical records, photos, witness accounts and electronic data, and we identify every party who may share responsibility.
• We meet you where you are. Consultations can happen by phone, at your home, or by FaceTime or Zoom, on weekdays or weekends.
• You pay nothing up front. We work on a 100% contingency basis and advance the costs of the case. If there is no recovery, you owe no fee.

While we handle the claim, it helps to keep important papers in one place: the death certificate, medical and funeral bills, pay stubs or tax returns, and any letters from insurers. It is also wise to stay off social media about the case and to lean on the people and grief support resources around you.

Talk With Us When You're Ready

There is no wrong time to ask questions. A free, confidential consultation can help you understand your family's rights, who may be responsible and how the process works, with no obligation. Contact us online or call (813) 915-1110. Our phones are answered 24/7.