The Unexpected Loss: Finding Your Path to Justice
If you’re searching for a wrongful death attorney Fort Lauderdale, here’s what you need to know immediately:
| Key Information | Details |
|---|---|
| Time Limit | 2 years from date of death to file a claim in Florida |
| Who Can File | Only the personal representative of the deceased’s estate |
| Who Can Recover | Spouse, children, parents, and dependent relatives |
| Damages Available | Medical expenses, funeral costs, lost income, pain and suffering, loss of companionship |
| Cost to Hire | Most attorneys work on contingency (no fee unless you win) |
Losing a loved one unexpectedly is devastating. When that loss occurs due to someone else’s negligence or wrongful actions, the pain is compounded by confusion, anger, and questions about accountability.
In Fort Lauderdale, families facing such tragedies often find themselves navigating complex legal waters while still processing their grief. Florida’s Wrongful Death Act (F.S. 768.16–768.26) provides a legal pathway for survivors to seek justice and compensation, but the process can be overwhelming without proper guidance.
A wrongful death claim arises when someone dies due to another party’s negligent, reckless, or intentional conduct. These cases span various scenarios—from fatal car accidents on I-95 to medical malpractice at Broward Health, construction site fatalities, or dangerous property conditions.
The statute of limitations in Florida gives families just two years from the date of death to file a claim. This tight timeline makes prompt legal consultation essential, even while you’re still grieving.
At DiStefano Law LLC, we understand that no amount of compensation can replace your loved one. However, holding responsible parties accountable can provide both financial stability and a sense of justice during this difficult time.
Understanding Wrongful Death in Florida
When a loved one’s life is cut short because someone else was careless or reckless, Florida law provides a path to justice. The Florida Wrongful Death Act (Florida Statutes §768.16–.26) isn’t just legal jargon – it’s a lifeline for families facing both heartbreak and sudden financial strain after an unexpected loss.
Think of wrongful death claims as very different from criminal cases. While the state might charge someone with a crime for taking a life, a wrongful death claim is something your family pursues to help with the very real financial burdens left behind. It’s not about putting someone behind bars – it’s about making sure your family doesn’t suffer financially because of someone else’s mistake.
Here in Fort Lauderdale and throughout Florida, we see wrongful deaths happen in many ways. Fatal car crashes on I-95, medical errors at local hospitals, workplace accidents, dangerous products, slip and falls, boating incidents on our waterways, and even nursing home neglect can all lead to wrongful death claims.
The numbers are sobering. Research shows medical errors alone cause up to 98,000 deaths yearly in America – making it the sixth leading cause of death nationwide, according to studies on medical errors. Behind each statistic is a family left wondering how they’ll move forward.
What Is Considered Wrongful Death?
For your family’s loss to qualify as a “wrongful death” under Florida law, we need to establish four key elements:
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Duty of Care: The person or company had a responsibility to act carefully toward your loved one. A doctor has a duty to provide proper treatment, just as a driver has a duty to follow traffic laws.
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Breach of Duty: They failed to meet that responsibility. Maybe a surgeon made a preventable error, or a driver was texting instead of watching the road on Las Olas Boulevard.
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Causation: This failure directly led to your loved one’s death. We must show a clear connection between their careless action and your loss.
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Damages: Your family has suffered measurable losses as a result – both financial and emotional.
When all four elements come together, you have the foundation for a wrongful death claim that a wrongful death attorney Fort Lauderdale families trust can help you pursue.
Wrongful Death vs. Criminal Homicide
Many families ask us about the difference between wrongful death cases and criminal charges. They can stem from the same tragic event, but they serve very different purposes.
| Aspect | Wrongful Death (Civil) | Criminal Homicide |
|---|---|---|
| Filed by | Personal representative of deceased’s estate | State prosecutor |
| Purpose | Compensation for survivors | Punishment of offender |
| Burden of proof | Preponderance of evidence (more likely than not) | Beyond reasonable doubt (much higher standard) |
| Outcome if successful | Monetary damages | Incarceration, probation, fines |
| Example | A family sues a drunk driver for causing a fatal crash | The state prosecutes the same driver for vehicular homicide |
You might remember the famous O.J. Simpson case – acquitted in criminal court but found liable in a civil wrongful death lawsuit. This shows how the lower burden of proof in civil cases can sometimes provide justice when criminal charges don’t stick.
At DiStefano Law LLC, we focus on helping families steer these complex civil claims with compassion and expertise. While no legal action can bring your loved one back, holding responsible parties accountable can provide both financial support and a sense that justice has been served during this difficult chapter in your life.
Why You Need a Wrongful Death Attorney Fort Lauderdale Families Can Trust
Trying to handle a wrongful death claim while you’re grieving is like climbing a mountain during a storm. You need someone who knows the path and can guide you through the darkness. An experienced wrongful death attorney Fort Lauderdale families rely on doesn’t just handle paperwork—they become your advocate during life’s most challenging chapter.
At DiStefano Law LLC, we’ve walked alongside grieving families for over 40 years throughout Fort Lauderdale, Lauderhill, Wilton Manors, Sunrise, and across South Florida. We’ve seen how proper legal guidance can make a world of difference both emotionally and financially.
When you’re dealing with the loss of a loved one, the last thing you need is to worry about legal deadlines or insurance adjusters trying to minimize your claim. Our team handles the heavy lifting—investigating what happened, identifying all responsible parties, calculating the full extent of your losses, and navigating complex legal procedures—while you focus on healing.
Most people worry about attorney costs during an already financially stressful time. That’s why we work on a contingency fee basis, meaning you pay absolutely nothing upfront. We only collect legal fees if we successfully recover compensation for you. Your success is our success—it’s that simple.
Beyond legal expertise, we provide something equally valuable: compassionate support. We’re not just your attorneys; we’re your neighbors here in Fort Lauderdale, and we treat you like family.
Proving Negligence & Building the Case
Building a strong wrongful death case is like piecing together a complex puzzle—every detail matters.
When you work with our team, we leave no stone unturned. We start with a comprehensive investigation—examining accident scenes, talking to witnesses, and reviewing any available surveillance footage. We carefully gather crucial documents including police reports, medical records, and employment information that tell the story of your loved one’s life and death.
The strongest cases often require expert opinions. We collaborate with accident reconstructionists, medical specialists, economists, and other experts who can explain complex concepts to judges and juries in understandable terms. When necessary, we analyze autopsy reports and consult with forensic pathologists to establish exactly what happened.
The financial impact of losing a loved one extends far beyond immediate expenses. Our team conducts a thorough financial analysis calculating both current and future losses to ensure you receive full compensation.
Insurance companies have teams of adjusters and attorneys whose job is to pay as little as possible. Having a dedicated wrongful death attorney Fort Lauderdale families trust levels the playing field and often makes the difference between a token offer and meaningful compensation.
Statute of Limitations & Tolling Rules
Time waits for no one—especially in legal matters. In Florida, you generally have just two years from the date of death to file a wrongful death claim. This is significantly shorter than the four-year window for most personal injury cases, making prompt legal action especially important.
However, certain situations may extend this deadline:
If medical malpractice caused the death and fraud or intentional concealment prevented findy of the malpractice, the deadline might extend up to seven years. For claims against government entities, you must file a pre-suit notice and allow for a 180-day investigation period before filing, though this notice must still be given within the two-year window. In cases involving murder or manslaughter, there is no statute of limitations.
Missing these deadlines typically means permanently losing your right to compensation—no matter how strong your case might be or how devastating your loss. That’s why connecting with a wrongful death attorney Fort Lauderdale residents trust as soon as possible is crucial for protecting your rights.
Recoverable Damages & How Courts Calculate Them
The law can’t bring back your loved one, but it can provide financial stability and a measure of justice through various forms of compensation.
Florida law recognizes two main categories of damages in wrongful death cases:
Damages for survivors include compensation for the loss of support and services your loved one provided, the profound loss of companionship and protection, and the mental pain and suffering you’re experiencing. For children who’ve lost a parent, courts also consider the loss of parental guidance and instruction. If you’ve paid medical or funeral expenses, these costs can be recovered as well.
Damages for the estate include lost wages and benefits from the date of injury until death, along with “net accumulations”—the savings and investments your loved one would likely have accumulated had they lived a full life. The estate can also recover medical and funeral expenses it paid.
When calculating these damages, courts look at numerous factors including your loved one’s age, health, and life expectancy. They consider earning capacity, income history, and the unique relationship between the deceased and survivors. The value of services provided to family members and the joint life expectancies of everyone involved also factor into the equation.
For parents who’ve lost children under 25, Florida law specifically allows recovery for mental pain and suffering. Even when the deceased is an adult without a spouse or children, parents may still recover for their emotional suffering if there are no other survivors.
In cases involving gross negligence or intentional misconduct, punitive damages may also be available, though they’re typically capped under Florida law.
At DiStefano Law LLC, we work diligently to ensure every applicable form of compensation is pursued, leaving no stone unturned in our quest to secure the financial stability your family deserves. While no amount of money can truly compensate for your loss, it can provide the resources needed to rebuild your life while honoring your loved one’s memory.
Filing a Wrongful Death Claim in Fort Lauderdale
When you’re ready to take legal action after losing a loved one, understanding the process can help ease some of the uncertainty during this painful time. In Fort Lauderdale, wrongful death claims follow specific procedures established by Florida law.
Everything begins with appointing a personal representative for your loved one’s estate. If they left a will, this person is typically already named. Without a will, the court will appoint someone—usually a close family member. This personal representative is the only person legally authorized to file the wrongful death lawsuit.
Once appointed, the personal representative partners with a wrongful death attorney Fort Lauderdale families trust to guide them through several key steps:
First, your attorney will send demand letters to the parties who may be responsible and their insurance companies. Next, they’ll file a formal complaint in the appropriate court (typically Broward County Circuit Court for Fort Lauderdale cases). The case then moves into findy, where both sides exchange information and evidence. Mediation often follows as an attempt to reach a fair settlement. If that doesn’t resolve the matter, your case proceeds to trial.
Throughout this journey, your attorney represents both the estate and the interests of all surviving family members. While the personal representative makes the legal decisions, they must consider what’s best for everyone involved.
If you’re struggling with these difficult decisions, we’re here to help. Contact us for compassionate guidance through this process.
Who Can File & Share in a Settlement?
Florida law is very specific about who can bring a wrongful death claim and who can benefit from it. Only the personal representative of the deceased’s estate can file the lawsuit, but they do so on behalf of both the estate and the “survivors” defined by law.
The law recognizes several categories of potential beneficiaries:
Spouses have significant rights to recovery and are typically primary beneficiaries. Children under 25 generally have stronger claims than adult children, with special considerations for their loss of parental guidance. Parents of minor children have substantial rights to compensation, while parents of adult children may recover in more limited circumstances. Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased may also have valid claims.
When filing the lawsuit, the personal representative must identify all potential beneficiaries. Family dynamics can sometimes create complications—if relatives disagree about how to proceed, each may need their own legal representation.
The distribution of any settlement or verdict isn’t always equal. It follows either the terms specified in a settlement agreement, the court’s determination based on each survivor’s losses, or Florida’s intestacy laws if not otherwise specified. Each survivor’s relationship with the deceased and their demonstrated losses play a key role in determining their share.
Typical Timeline & What to Expect
Wrongful death cases rarely resolve quickly, and understanding the typical timeline can help you prepare emotionally and practically.
The investigation phase usually takes 1-6 months. During this time, your attorney gathers evidence, consults with experts, and determines which parties may be liable. This thorough groundwork is essential for building a strong case.
Pre-suit negotiations follow, typically lasting 2-6 months. Your attorney will send demand letters, engage in initial settlement discussions, and prepare court filings if a settlement isn’t reached.
The litigation phase is often the longest, spanning 1-2 years. This includes filing the formal complaint, conducting findy (depositions and document exchanges), attending various motions and hearings, and participating in mediation attempts.
If your case goes to trial and post-trial proceedings, this can take anywhere from a week to several months. This includes the actual court trial, possible appeals, and finally, collection of the judgment.
In total, wrongful death cases typically take between a few months (for clear-cut cases that settle early) to 2-3 years for complex cases requiring trial and appeals. Throughout this process, we keep our clients informed about developments and realistic timelines, understanding that waiting can be emotionally difficult.
Costs of Hiring a Wrongful Death Attorney Fort Lauderdale Residents Should Know
At DiStefano Law LLC, we understand that grieving families are often facing financial pressures after losing a provider. That’s why we handle wrongful death cases on a contingency fee basis.
What does this mean for you? No upfront costs to begin your case. No hourly billing regardless of how complex or time-consuming your case becomes. And most importantly, no fees unless we win compensation for you and your family.
Our contingency fee is typically a percentage of the recovery: 33.33% if the case settles before filing a lawsuit, 40% if a lawsuit is filed or the case goes to trial, and an additional percentage if appeals become necessary.
Case expenses are handled separately and may include court filing fees, expert witness fees, medical record costs, deposition expenses, and exhibit preparation. These expenses are typically advanced by our firm and reimbursed from the settlement or verdict. We provide clear information about these arrangements in our representation agreement, ensuring you never face surprising costs.
This approach allows families to pursue justice without financial strain during an already difficult time. We believe everyone deserves quality legal representation, regardless of their current financial situation.
Maximizing Your Recovery & Avoiding Pitfalls
When you’re grieving the loss of a loved one, the last thing you need is to worry about insurance companies trying to minimize your compensation. Yet sadly, this happens all too often in wrongful death cases.
Insurance companies have playbooks full of tactics designed to protect their bottom line. They might rush to offer you a quick settlement before you’ve had time to understand the full extent of your losses. They may try to shift blame to your loved one through Florida’s comparative negligence system, which reduces compensation by the percentage of fault attributed to the deceased. And sometimes, they simply drag their feet, hoping financial pressure will force you to accept less than you deserve.
“We had one client who was offered $50,000 just two weeks after losing her husband,” recalls Attorney DiStefano. “The same case ultimately settled for over $1.2 million once we properly valued all the family’s losses.”
Protecting your rights starts with good documentation. While it might feel overwhelming during your time of grief, try to:
- Keep detailed records of all death-related expenses
- Document your loved one’s contributions to family life (both financial and non-financial)
- Preserve evidence of their income history and career trajectory
- Consider journaling about how the loss has affected your daily life
At DiStefano Law, we understand that the legal process runs parallel to your grieving process. The five stages of grief identified by Dr. Elisabeth Kübler-Ross—denial, anger, bargaining, depression, and acceptance—often overlap with the legal proceedings. We can connect you with compassionate grief counseling resources while we handle the legal burdens. For more information on these grief stages and how they might affect you during a wrongful death case, you can review this research on grief stages.
There’s also good news regarding taxes: wrongful death settlements in Florida generally aren’t subject to state income tax, and most components are exempt from federal income tax too. However, certain portions like punitive damages or interest may have tax implications, so we always recommend consulting with a tax professional about your specific situation.
Settlement vs. Jury Verdict – Pros & Cons
“Should we settle or go to trial?” This question comes up in nearly every wrongful death case we handle.
About 95% of wrongful death cases settle before trial, and for good reason. Settlements offer faster resolution, guaranteed compensation, and privacy for grieving families. They also involve less emotional stress and lower legal costs. When a fair settlement is possible, it often makes sense to take it.
However, settlements have downsides too. The compensation might be lower than what a jury would award. There’s no public accountability for the wrongdoer, and some families feel they haven’t received judicial validation of their loss.
Trials, on the other hand, can result in higher compensation and provide public accountability that many families find healing. With judicial oversight, the process can feel more thorough and just. Some families also value the opportunity to set precedents that might prevent similar tragedies in the future.
But trials are lengthy processes, often taking years to resolve. The outcome is uncertain—juries are unpredictable. The public nature of court proceedings can be difficult for private people. Testimony can take an emotional toll on already-grieving family members. And even after a favorable verdict, appeals can delay payment for years.
At DiStefano Law LLC, we prepare every case as if it will go to trial while simultaneously pursuing fair settlement opportunities. This approach gives us maximum leverage in negotiations while ensuring we’re ready if trial becomes necessary. The final decision always rests with you, and we’ll provide honest assessments to help you choose wisely.
Real-World Success Stories in Broward County
Real cases tell the story better than statistics ever could. While every case is unique and past results don’t guarantee future outcomes, these examples illustrate how wrongful death claims work in practice:
A family came to us after losing their 42-year-old father to a distracted driver on I-95. As the primary provider for his wife and two children, his loss was financially devastating. Our investigation uncovered phone records proving the driver was texting at the time of the crash. We secured a $2.1 million settlement covering lost income, emotional suffering, and the children’s educational needs.
In another case, a 65-year-old patient died due to a misdiagnosed heart condition. The surviving spouse was initially told it was “just one of those things that happens.” We helped prove the doctor failed to order appropriate tests despite clear warning signs. After expert testimony established the standard of care violation, the case settled for $1.8 million.
One notable Fort Lauderdale premises liability case (not handled by our firm) resulted in a record $7.8 million verdict—the largest slip-and-fall wrongful death verdict in Florida in decades. The jury’s decision sent a powerful message to property owners who neglect known hazards.
These real-world examples show the range of circumstances that can lead to wrongful death claims and the significant compensation that may be available. While no amount of money can bring back your loved one, it can provide financial security and a sense that justice has been served.
To learn more about our approach to wrongful death cases, browse our Previous Cases page or contact our wrongful death attorney Fort Lauderdale team for a free consultation.
Frequently Asked Questions About Wrongful Death Claims
What evidence is needed to support a wrongful death claim?
Building a strong wrongful death case requires substantial evidence, which varies depending on how your loved one passed away.
Most successful claims include official documentation like police reports, accident investigations, or workplace incident records that establish the basic facts. Medical records and autopsy results provide critical information about the cause of death and any treatment received. These clinical documents tell an important but incomplete story.
The human element often comes from witness statements – the accounts of people who saw what happened or can testify about conditions that led to the tragedy. These observations can be powerful in establishing negligence.
In complex cases, we bring in expert witnesses who can explain technical aspects to a jury. An accident reconstructionist might demonstrate how a crash occurred, a medical expert could explain how proper care would have prevented a death, or an economist might calculate decades of lost income.
Visual evidence – photos of accident scenes, dangerous conditions, or injuries – often helps juries understand what happened in ways words alone cannot. And employment records help us show the financial impact of losing a provider.
Perhaps most importantly, we gather evidence about the relationship between the deceased and survivors – photos, videos, testimonials, and personal stories that demonstrate the profound emotional loss experienced by family members.
At DiStefano Law, we carefully build each case with a comprehensive evidence package that tells both the factual and human story of your loss.
How are wrongful death settlements taxed in Florida?
Understanding the tax implications of a wrongful death settlement brings one small piece of clarity during an overwhelming time. The good news is that many portions of wrongful death settlements aren’t taxable.
Compensation for emotional distress, pain and suffering, and loss of companionship generally remains tax-free under federal law. These amounts represent personal losses, not income, which is why the IRS doesn’t touch them.
If your settlement includes repayment for medical expenses, this money typically isn’t taxable either – unless you previously deducted those medical expenses on your tax returns. In that case, you might need to report what’s called a “tax benefit recovery.”
The portion covering lost income works differently. Since this replaces wages that would have been taxed had your loved one lived, this part of the settlement may be subject to income tax.
Punitive damages, designed to punish particularly bad behavior, almost always face taxation as ordinary income.
One silver lining of living in Florida: our state has no income tax, so you won’t face state-level taxation on any portion of your settlement.
Every family’s situation is unique, so we always recommend consulting with a tax professional about your specific settlement. We can help connect you with accountants experienced in handling these specialized situations.
Can out-of-state family members file in Fort Lauderdale?
Living outside Florida doesn’t diminish your rights when you’ve lost a loved one due to someone’s negligence in Fort Lauderdale.
Out-of-state family members absolutely can participate in a wrongful death claim filed in Fort Lauderdale when:
- The death occurred in Florida (like a tourist who suffered a fatal accident)
- The negligent act happened in Florida (even if your loved one passed away after returning home)
- The responsible party is based in Florida (such as a Florida company whose product caused harm elsewhere)
Florida law requires that the personal representative of the estate file the lawsuit, but this person can live out of state. They’ll need to work through Florida’s probate court system, but we handle these arrangements routinely for distant family members.
Modern technology makes the process much smoother than in the past. We use video conferencing, electronic document signing, and other tools to maintain close communication while minimizing your need to travel during an already difficult time.
Our wrongful death attorney Fort Lauderdale team has extensive experience working with families across the country who have lost loved ones in South Florida. Distance won’t prevent us from fighting for the full compensation you deserve under Florida law.
Conclusion
When the unimaginable happens and you lose someone you love because of someone else’s carelessness, it feels like your world has stopped turning. But while you’re grieving, time keeps moving forward – and unfortunately, so do those critical legal deadlines.
At DiStefano Law LLC, we understand that no amount of money can fill the empty chair at your dinner table. No settlement can replace the sound of your loved one’s laughter or their warm accept. But we’ve seen how holding responsible parties accountable can provide both a measure of justice and the financial security families need when facing an uncertain future.
Our 40+ years of experience serving Fort Lauderdale families gives us the expertise to steer complex wrongful death cases, but it’s our compassion that truly sets us apart. We’re not just your attorneys – we’re your advocates, your guides, and sometimes, your shoulder to lean on during life’s most challenging chapter.
The Florida legal system gives families just two years to file a wrongful death claim. That clock starts ticking the moment your loved one passes away, which is why reaching out early matters – even if you’re still unsure about moving forward. Our free consultation comes with no obligations, just answers to your questions and clarity about your options.
When you work with us, you won’t be passed off to paralegals or case managers. You’ll work directly with experienced wrongful death attorneys Fort Lauderdale families have trusted for decades. We handle the paperwork, the negotiations, and the courtroom battles so you can focus on what truly matters – taking care of yourself and your family.
If you’ve lost someone special because of another’s negligence in Fort Lauderdale, Lauderhill, Wilton Manors, Sunrise, or anywhere throughout South Florida, we’re here to help. Contact us today for a free, no-pressure conversation about your situation.
Your loved one deserves justice. Your family deserves support. And you deserve to work with attorneys who truly care about helping you through this difficult time.
