Florida Wrongful Death Attorney: Helping Florida Families After a Tragic Loss

Filing a Wrongful Death Claim in Palm Beach, Broward, Miami-Dade & Collier Counties

Losing a loved one due to someone else's negligence is emotionally devastating and legally complex. Families in Palm Beach, Broward, Miami-Dade, and Collier Counties often face added challenges due to local court systems and procedural nuances. With decades of experience handling wrongful death cases across South Florida, Zimmerman & Frachtman, P.A. helps families understand their rights, pursue compensation, and make informed legal decisions. In this guide, you’ll learn who can file a wrongful death claim, what types of compensation may be available, and why working with an experienced attorney is critical to protecting your future.

Losing someone you love is the most difficult thing you can experience. Knowing that your loved one’s death could have been avoided can make the healing process that much harder. At Zimmerman & Frachtman, P.A., we understand what you and your family are going through, and we want to help.

If you believe that someone else’s negligent or wrongful conduct is what led to your loved one’s death, we invite you to reach out to our firm right away. You deserve justice, and our Florida wrongful death attorneys can help you fight for a fair recovery. While no amount of compensation can ever make up for your loss, a fair settlement or verdict can provide you with the ability to manage unexpected financial challenges and allow you to heal.

Learn more about filing a wrongful death lawsuit in Florida and how our firm can help by calling Zimmerman & Frachtman, P.A. at (954) 289-5070 for a free and private consultation.

What Constitutes a Wrongful Death in Florida?

Florida law defines wrongful death as a fatality caused by another party's wrongful act, negligence, default, or breach of contract or warranty. This legal concept encompasses a wide range of situations, from medical errors to fatal car crashes. For instance, a surgeon's mistake during a routine procedure or a distracted driver causing a deadly collision could both potentially lead to wrongful death claims.

Wrongful death cases arise from all types of incidents, including but not limited to:

• Car, truck, motorcycle, bus, and other vehicle accidents
• Pedestrian and bicycle accidents
• Boating and personal watercraft accidents
• Aviation accidents, including private and commercial plane crashes
• Train and other mass transportation accidents
• Medical malpractice and/or negligence
• Nursing home abuse and neglect
• Serious falls, including fatal slip and fall accidents
• Dog bites, swimming pool accidents, and other property-related incidents
• Defective products, such as auto defects and dangerous drugs and medical devices
• Workplace accidents resulting in fatalities, such as falls from improperly secured scaffolding or electrocutions due to faulty wiring

However, determining whether a death meets the legal criteria for a wrongful death claim in Florida can be challenging. Each case has unique circumstances that require careful evaluation.

Given the complexities involved, seeking guidance from a wrongful death attorney is crucial because these legal professionals can assess the specifics of your case, explain your rights, and help you understand the potential for pursuing compensation. They'll conduct thorough investigations, gather critical evidence, and when necessary, consult experts to establish liability. By working with an experienced attorney, families can navigate the legal process more effectively and make informed decisions during a challenging and emotionally trying time.

Who Can File a Wrongful Death Claim in Florida?

In Florida, only the personal representative of the deceased’s estate is authorized to file a wrongful death claim. This person is usually named in the deceased’s will or estate plan. If no one is named, the court will appoint someone.

The claim is filed on behalf of the surviving family members and the estate, and may include:

• Spouse or domestic partner
• Children and grandchildren
• Parents (especially if the deceased was a minor or unmarried)
• Siblings, if they were financially dependent
• Other dependents or named beneficiaries

Each survivor may be entitled to different forms of compensation under Florida law. For example, a spouse may claim loss of companionship, while a child may claim loss of guidance and support. A wrongful death attorney can help ensure all eligible parties are represented in the claim.

Florida's Wrongful Death Act outlines specific criteria for survivor eligibility, creating a complex legal landscape. A wrongful death lawyer often navigates these intricacies by identifying all eligible family members and including them in the claim to help maximize potential compensation.

Once it’s determined who is eligible to bring a claim, the next step is understanding how the legal process unfolds in Florida.

Filing a Wrongful Death Claim in Florida

Filing a wrongful death claim is a significant step during an already painful time. Understanding your legal rights is essential before moving forward. An experienced wrongful death attorney can help you evaluate your case, determine if it meets Florida’s legal standards, and explain your options clearly.

Zimmerman & Frachtman, P.A. offers compassionate legal support for families across South Florida, with offices in Naples, Boca Raton, Hollywood, and Coral Springs.

Set Up Your Appointment

Scheduling a consultation with a wrongful death attorney is the first step in determining whether you have a valid claim. During this initial meeting, your attorney will review the facts of your case, explain your legal rights, and assess whether your situation qualifies under Florida’s wrongful death statute.

In some cases, a claim may not meet legal requirements due to lack of evidence or specific circumstances. If so, a trustworthy attorney will be honest about your options. If your case is accepted, the legal team will begin investigating right away to preserve evidence and build a strong foundation for your claim.

Provide All Information

Be open and thorough when sharing details with your wrongful death attorney. Complete and accurate information allows your legal team to anticipate challenges and build the strongest possible case. Surprises or missing facts late in the process can create unnecessary delays or weaken your claim, so transparency from the beginning is essential.

Follow Your Lawyer’s Advice

Every wrongful death case is unique. An attorney at Zimmerman & Frachtman will take the time to understand your specific circumstances and provide clear, personalized legal guidance based on Florida law. By trusting your lawyer’s advice, you can move forward with confidence, knowing your case is being handled with care and professionalism.

Types of Compensation Available in Wrongful Death Cases

Families may be eligible for various forms of compensation when pursuing a wrongful death claim in Florida. Courts typically divide these into two main categories: economic and non-economic damages. In rare cases, they also award punitive damages.

Economic Damages (financial losses directly related to the death):

• Lost income, wages, and future earnings the deceased would have provided
• Medical expenses related to the final illness or injury
• Funeral and burial costs paid by the estate or family
• Loss of services and support (e.g., household duties, childcare)

Non-Economic Damages (emotional and personal losses experienced by survivors):

• Mental and emotional pain and suffering
• Loss of companionship, guidance, and protection (spouses, children, parents)
• Loss of parental support and nurturing
• Loss of consortium (impact on the relationship with a spouse)

In rare cases involving gross negligence or intentional harm, courts may award punitive damages to punish the wrongdoer and deter similar behavior.

Calculating damages in wrongful death cases is complex and depends on factors like the decedent’s age, income, role in the family, and the emotional impact of the loss. A wrongful death attorney can help ensure no category of compensation is overlooked and that your family receives a full and fair settlement.

Why Hiring a Wrongful Death Attorney is Crucial

Losing a loved one is devastating—especially when the loss results from someone else’s negligence. On top of the emotional toll, navigating Florida’s wrongful death laws can be complex. An experienced attorney becomes an essential guide, handling legal matters while you focus on healing.

Wrongful death claims in Florida involve detailed procedures, strict deadlines, and legal nuances that are difficult to manage without professional help. A skilled attorney can handle everything from filing the initial claim to representing your interests in court, if necessary. They are familiar with state statutes and can apply the law to your specific circumstances.

Beyond legal expertise, a wrongful death attorney plays a vital role in securing fair compensation. They work to identify and calculate both economic and non-economic damages, ensuring nothing is overlooked. In cases involving gross negligence or intentional misconduct, they may also pursue punitive damages.

Most importantly, a compassionate attorney serves as a buffer between grieving families and the often stressful, bureaucratic legal process. By handling communications with insurance companies and opposing parties, your lawyer allows you the space to process your loss. Choosing an experienced Florida wrongful death attorney is not only about legal support—it’s about protecting your family’s future and honoring your loved one’s memory with the care and diligence they deserve.

Navigating the Wrongful Death Claim Process

Filing a wrongful death claim in Florida involves multiple steps that require detailed legal attention. The estate’s personal representative must initiate the claim, supported by thorough evidence such as medical records, accident reports, and expert testimony.

The next step involves gathering evidence to support the claim. This may include:

• Medical records
• Accident reports
• Witness statements
• Expert testimonies

A knowledgeable wrongful death attorney can guide you through this investigative phase, ensuring all relevant information is collected and preserved.

Time is of the essence in these cases. Florida law generally requires wrongful death claims to be filed within two years of the death. Missing this deadline can result in forfeiting your right to seek compensation, underscoring the need for prompt action.

Once your attorney gathers the evidence, they will file the necessary legal documents, including a complaint that outlines the allegations and the basis for seeking damages. They'll also engage in pre-trial negotiations with the opposing party, often aiming for a settlement that adequately compensates your family without going to trial.

Your attorney will work to resolve the case through pre-trial negotiations, but if a fair settlement isn’t reached, they will be fully prepared to represent your interests in court. Throughout the process, your legal team will provide compassionate guidance, ensuring you’re supported every step of the way.

Finding the Right Wrongful Death Attorney

Choosing the right wrongful death attorney is one of the most important decisions your family will make. The outcome of your case—and your peace of mind—can depend heavily on your legal team’s experience, approach, and commitment to client care.

When evaluating attorneys, prioritize those with a strong track record in Florida wrongful death and personal injury cases. Specialized knowledge of Florida statutes, court procedures, and local judges can make a significant difference in how efficiently and successfully your case is handled.

Look for attorneys who focus exclusively or primarily on personal injury and wrongful death law. These professionals stay up to date on evolving legal strategies and are well-versed in how to calculate damages that reflect the true impact of your loss.

Client testimonials can also offer insight into an attorney’s communication style and level of empathy. You want someone who is not only knowledgeable but also responsive and compassionate—someone who will explain your options in plain language and treat your case with the seriousness it deserves.

Zimmerman & Frachtman, P.A. combines deep legal experience with a personalized, client-first approach. If you’ve lost a loved one due to negligence, we invite you to schedule a free consultation. Use this opportunity to ask questions, learn your options, and decide whether we’re the right fit to advocate for your family’s needs.

Wrongful Death FAQ

How long do I have to sue for wrongful death in Florida?

The statute of limitations on most standard wrongful death lawsuits in Florida is two years. This means that you have two years from the date of death (in most cases) to sue the liable party. In cases involving manslaughter or murder, however, there is no deadline for filing a wrongful death lawsuit. This is true whether or not the alleged offender has been arrested, charged, or convicted.

How is a wrongful death case different from a criminal case?

Wrongful death claims are civil cases. This means that they pass through the civil court system, rather than the criminal courts. A successful wrongful death lawsuit allows surviving family members, dependents, and others affected by the death to recover monetary compensation for their losses, or “damages.” A criminal case, on the other hand, results in criminal penalties if the accused is convicted. Penalties may include jail or prison time, fines, court fees, and more. A conviction does not allow the family of the decedent or any other interested party to recover compensation for damages.

How do I know if I have a wrongful death case?

Most wrongful death cases are brought on the grounds of negligence. This means you will need to prove that the liable party breached a duty of care they owed to the decedent and that this breach was the cause of the decedent’s death. In cases involving strict liability, such as some claims against manufacturers of defective products, you do not necessarily need to prove that anyone was negligent to have a case. Our Florida wrongful death attorneys can help you determine if you have a case during a free, confidential consultation.

Protect Your Rights After a Tragic Loss

Understanding the legal and emotional complexities of a wrongful death claim is essential for families coping with the unexpected loss of a loved one. From identifying who can file a claim to calculating the full scope of wrongful death compensation, every step requires careful attention, and experienced legal guidance can make a significant difference. Whether you're just beginning to explore your options or ready to move forward, seeking the support of a knowledgeable wrongful death attorney is a vital step toward justice and closure.

If your spouse, child, parent, or family member died tragically in an accident or due to the negligent or wrongful conduct of another, our firm is ready to help. We offer caring, personalized legal service tailored to each individual’s unique needs, concerns, and goals. We believe that communication is the cornerstone of good attorney-client relationships, which is why we make ourselves consistently available to our clients. You will even receive our personal contact information so that you can always get in touch with us when you need to.

When it comes to advocating for our clients in front of insurance companies, opposing attorneys, judges, and juries, we do not back down from a challenge. We work with accident reconstructionists, medical experts, economists, and other specialists to fully investigate claims and build powerful, persuasive cases for our clients. We know how to effectively present evidence and seek the maximum compensation you are owed. To date, our firm has secured more than $300 million in compensation for our clients.

Zimmerman & Frachtman, P.A. is here to help you navigate this difficult time with compassion and clarity. We invite you to schedule a complimentary consultation to discuss your case and explore how we can assist you in protecting your rights and pursuing the compensation your family deserves. Contact us at 954-509-1904 to get started.