A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Wrongful Death Lawyer in Florida — Ahearne Law Firm PLLC Guide

Compassionate Legal Guidance

Comprehensive Guide to Wrongful Death Claims in Florida

If your family is coping with the death of a loved one due to another party’s actions in Florida, this guide explains the wrongful death claim process and how a law firm can help seek accountability and financial recovery. Wrongful death claims address losses such as lost income, medical and funeral expenses, and the loss of companionship that surviving family members endure. The Ahearne Law Firm PLLC and attorney Allan J. Ahearne, Jr. have handled personal injury matters and wrongful death matters with a focus on clear communication, careful case preparation, and pursuing fair outcomes. Call (845) 986-2777 for an initial discussion about your options and next steps.

Navigating a wrongful death claim in Florida involves prompt investigation, preservation of evidence, and attention to legal deadlines. Families often confront insurers, complex medical records, and multiple parties who may share responsibility for a fatal incident. The firm assists with gathering records, identifying liable parties, and explaining potential avenues for recovery including wrongful death actions and survival claims where appropriate. Throughout the process the goal is to reduce stress on the family by managing legal tasks, negotiating with insurers, and preparing a case for settlement or trial if necessary, while maintaining regular communication about strategy and progress.

Why Wrongful Death Claims Matter in Florida

Pursuing a wrongful death claim can provide important financial relief and a measure of accountability after a tragic loss. Recoverable damages may include funeral and medical expenses, lost financial support, loss of household services, and damages for loss of companionship and guidance. In addition to compensation, a well-prepared claim can prompt better safety practices by holding negligent parties responsible. The legal process also preserves records and documentation that clarify how the fatal incident occurred. For many families, the combination of financial recovery and formal recognition of harm helps with planning for the future and obtaining a sense of closure.

About Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC provides representation in personal injury and wrongful death matters with a client-centered approach. Attorney Allan J. Ahearne, Jr. focuses on guiding families through complex legal processes while addressing practical concerns such as case timing, evidence gathering, and interactions with insurance companies. The firm emphasizes clear communication and compassion when working with clients during difficult times, and it takes steps to investigate incidents thoroughly to build a complete record. While based in the Hudson Valley area, the firm is prepared to assist families whose loved ones suffered fatal injuries in Florida by coordinating investigations and working with local professionals when needed.

Understanding Wrongful Death Claims in Florida

A wrongful death claim arises when a person dies as the result of another party’s negligent or intentional conduct and surviving family members seek compensation for the losses they have suffered. In Florida, eligible beneficiaries typically include spouses, children, and sometimes parents, who can bring an action for funeral expenses, loss of monetary support, and the intangible losses associated with the death. There are also survival actions that address the decedent’s own claims that survived their death, such as pain and suffering prior to death. Understanding which claims apply in a given case depends on the relationship of the survivors to the decedent and the circumstances of the incident.

Proving a wrongful death claim commonly requires demonstrating that another party owed a duty of care, breached that duty, and that the breach caused the decedent’s death. Evidence can include accident reports, medical records, witness statements, photographs, and expert analyses such as accident reconstruction or medical opinions. Timely preservation of evidence and prompt investigation are important because records can be lost and memories can fade. An attorney can coordinate investigations, obtain necessary records, and work with qualified professionals to develop proof of liability and damages to present to insurers or to a court if litigation becomes necessary.

Need More Information?

Key Terms and Glossary — Wrongful Death

Wrongful Death Claim

A wrongful death claim is a legal action pursued by the surviving family members of a person who died due to the negligent or intentional conduct of another. The claim seeks compensation for financial and nonfinancial losses caused by the death, including medical and funeral expenses, lost wages and benefits the decedent would have provided, and damages for loss of companionship or guidance. In Florida, the identity of eligible claimants and the types of recoverable damages are defined by statute and case law, so the specifics of each case depend on the survivors involved and the factual circumstances surrounding the fatal incident. Timely filing and proper documentation are essential for this type of claim.

Survivors and Beneficiaries

Survivors and beneficiaries refer to the individuals who may bring or benefit from a wrongful death claim after a decedent’s passing. Typically these are close family members such as a spouse, children, or parents, and the law in Florida specifies who is entitled to pursue certain claims and how recovery is distributed among survivors. Identifying the correct beneficiaries early is important because it affects both who can file the action and how financial awards are allocated. In many cases, guidance from legal counsel helps ensure that eligible family members are included and that their claims are pursued in accordance with applicable statutes and procedural requirements.

Damages

Damages in a wrongful death action include the monetary compensation sought for losses caused by the decedent’s death. These commonly include economic damages such as medical bills and funeral expenses, loss of the decedent’s anticipated earnings and benefits, and loss of household services. Non-economic damages can include loss of companionship, protection, and guidance. The valuation of damages depends on evidence about the decedent’s earning capacity, the survivors’ needs, and the emotional impact of the loss. Calculating damages often requires careful documentation and, in some cases, assistance from vocational or financial professionals to estimate future losses accurately.

Statute of Limitations

The statute of limitations is the legal time limit for filing a wrongful death action, and in Florida the period for wrongful death claims is generally two years from the date of death unless an exception applies. Missing the applicable deadline can bar a claim, so it is important to act promptly after a fatal incident. There are circumstances that may extend or pause the deadline, such as issues involving government defendants or delayed discovery in certain cases, but those exceptions are fact-specific. Consulting early with an attorney ensures that critical filing deadlines are identified and met so that the family’s rights are preserved.

PRO TIPS

Preserve Evidence Immediately

After a fatal incident, preserving evidence quickly is essential to documenting how the event occurred and who may be responsible, so gather and secure photographs, witness contact information, and any records from the scene as soon as possible. Medical records, autopsy reports, and funeral bills should be collected early and kept organized because they are central to proving damages and causation. Prompt action to preserve physical evidence, electronic data, and eyewitness statements can make a significant difference in the ability to build a complete record for negotiations or litigation.

Document Medical Records and Expenses

Maintain thorough documentation of all medical treatment, hospital stays, medications, and associated expenses that relate to the decedent’s final illness or injury because these records support claims for reimbursement and damages. Keep itemized bills, receipts, and detailed timelines of care to demonstrate the scope of medical costs and the decedent’s care trajectory before death. Organized financial documentation helps accurately account for economic losses and enables a clearer presentation of the family’s financial burdens during settlement talks or in court.

Limit Public Statements

Refrain from making public statements about the incident on social media or to insurance representatives without legal guidance, because offhand comments or incomplete accounts can be used to undermine a claim or create dispute about the facts. Let legal counsel handle communications with insurers and other parties to ensure information shared is accurate and protective of your case. Controlled, careful messaging preserves the integrity of evidence and reduces the risk of misunderstandings that could affect negotiations or court proceedings.

Comparing Legal Approaches for Wrongful Death Cases

When a Full Case Approach Is Advisable:

Complex Liability or Multiple Defendants

A comprehensive approach is often needed when liability is contested or when multiple parties may share responsibility for the fatal incident, because detailed investigation and coordination among different sources of evidence can establish the chain of causation. Cases involving multiple defendants can require careful strategy to identify insurance coverage, allocate fault, and pursue claims against each potentially liable party. Thorough preparation increases the likelihood that all responsible parties and sources of recovery are pursued in a way that maximizes the family s potential compensation.

Significant Economic Damages

When the decedent leaves behind substantial lost earnings, benefits, or long-term financial responsibilities, a comprehensive legal approach helps quantify those losses accurately and secure appropriate compensation through detailed financial analysis. Experts such as economists or vocational specialists may be engaged to estimate future earnings, benefits, and the value of household services, which contributes to a fuller damages calculation. This level of analysis supports demands for fair compensation and can be critical when insurers or opposing parties dispute the extent of economic losses.

When a Narrow or Targeted Proceeding May Suffice:

Clear Liability and Modest Damages

A targeted approach can be appropriate when fault is clear, the responsible party accepts liability, and economic damages are limited and straightforward to document, allowing for a focused negotiation without extensive expert involvement. In such situations the parties may resolve the claim more quickly through direct settlement discussions based on documented expenses and a reasonable assessment of non-economic losses. While this approach can reduce time and cost, it still requires careful documentation and review to ensure the family receives fair recovery.

Alternative Dispute Resolution Viable

When both sides are willing to pursue mediation or another form of alternative dispute resolution, a focused strategy aimed at settlement can be effective and less adversarial than full litigation, particularly if the factual record is well documented. Mediation allows families and defendants to explore solutions with the assistance of a neutral facilitator and can lead to timely resolution while avoiding the stress of trial. Even when pursuing alternative dispute resolution, adequate preparation and documentation are important to support realistic settlement expectations.

Common Situations That Lead to Wrongful Death Claims

Fatal Car and Truck Collisions

Car and truck collisions are a frequent cause of wrongful death claims when negligent driving, impaired operation, distracted behavior, or unsafe road conditions result in a fatality, and these cases often require analysis of accident reports, vehicle data, and witness statements to determine fault. Thorough investigation can reveal contributing factors such as speeding, driver fatigue, poor vehicle maintenance, or roadway design issues, and collecting those records promptly supports a complete claim for the family s losses.

Medical Negligence Resulting in Death

Deaths that stem from medical errors, delayed diagnosis, surgical mistakes, or inadequate care can give rise to wrongful death claims when the conduct falls below the accepted standard of medical care and directly causes the fatal outcome, requiring careful review of medical records and expert medical opinion. Medical negligence cases are fact-intensive and often involve specialists who can explain complex medical issues and causation in terms that support the family’s claim for compensation.

Workplace Fatalities and On-the-Job Deaths

Workplace fatalities may result from unsafe conditions, equipment failures, or inadequate safety procedures and can trigger both wrongful death claims and regulatory investigations, with evidence from employers, inspectors, and co-workers playing a key role in establishing responsibility. These matters often require coordination with administrative processes and careful documentation of workplace safety practices, training records, and incident reports to support a civil claim on behalf of the decedent’s survivors.

Florida Wrongful Death Attorney Services

Why Choose Ahearne Law Firm for Florida Wrongful Death Claims

Ahearne Law Firm PLLC prioritizes clear communication and committed representation for families pursuing wrongful death claims in Florida, offering attentive case management, prompt investigation, and practical guidance about options and likely outcomes. Attorney Allan J. Ahearne, Jr. focuses on preparing cases thoroughly, coordinating medical and financial records, and engaging professionals as needed to develop a persuasive case on behalf of survivors. The firm seeks to reduce the burden on grieving families by handling legal tasks, meeting filing deadlines, and negotiating with insurers while keeping clients informed at every stage of the process.

From the initial consultation through settlement negotiation or trial, the firm aims to provide responsive service and clear explanations about how damages are calculated and what to expect in litigation. The firm works to secure compensation for funeral and medical expenses, lost support, and non-economic losses like loss of companionship, while advising families about the procedural steps required in Florida. For practical questions and to arrange a case review, families can contact the firm by phone at (845) 986-2777 to discuss the specifics of their situation and the potential paths forward.

Talk to Us About Your Case

People Also Search For

wrongful death Florida

Florida wrongful death attorney

wrongful death claim Florida

fatal car accident lawyer Florida

wrongful death settlement Florida

death due to medical negligence Florida

wrongful death statute Florida

wrongful death compensation Florida

FAQS

Who can file a wrongful death claim in Florida?

In Florida, the right to file a wrongful death claim generally belongs to certain close family members, most commonly the surviving spouse, children, and in some cases the parents of the decedent. Statutes and case law define who qualifies as a beneficiary for various wrongful death recoveries, and the specifics may depend on the decedent s family structure and any dependents who relied on the decedent for support. Identifying eligible claimants promptly is important for ensuring that the claim is pursued by the correct parties and that any recovery is properly allocated among those entitled to compensation. Because Florida law governs the procedural and substantive aspects of wrongful death actions, families often benefit from early review of their situation to determine eligibility and to preserve their rights. In complex family situations involving multiple potential beneficiaries, estate planning documents, paternity issues, or blended families, legal counsel can clarify who may bring a claim and how recoveries are distributed. Early guidance also helps with gathering documentation that supports the claim and meets statutory requirements.

What damages can be recovered in a Florida wrongful death case?

Damages in a Florida wrongful death case can include both economic and non-economic losses sustained by surviving family members. Economic damages typically cover medical expenses incurred before death, funeral and burial costs, and the loss of the decedent s expected financial support and benefits, which may be calculated over time. Non-economic damages often address the loss of companionship, protection, and guidance, reflecting the emotional and relational impact of the decedent s death on close family members. The exact categories and amounts recoverable depend on the relationship of the claimants to the decedent and the facts of the case, including the decedent s earnings, age, and anticipated contributions to the household. Valuing these elements may require documentation such as pay records, benefit statements, and expert analysis to estimate future losses, while non-economic damages are assessed based on the nature of the loss and supporting evidence about the decedent s role in the family.

How long do I have to file a wrongful death lawsuit in Florida?

Florida generally imposes a two-year statute of limitations for filing wrongful death lawsuits, measured from the date of the decedent s death, and missing this deadline can usually bar the claim. Because of this relatively short filing period, families should seek legal consultation promptly to identify deadlines, collect necessary records, and begin legal steps to preserve their rights. There are limited situations where the deadline may be extended or tolled, but such exceptions are fact specific and should be evaluated early in the process. Acting quickly also supports preservation of evidence and witness recollections that are essential to proving liability and damages. Even when discussions with insurance carriers are ongoing, initiating a formal review and preparing filings if needed helps ensure that critical deadlines are not missed and that the family s legal options remain available.

How is liability proven in a wrongful death claim?

Proving liability in a wrongful death claim usually involves demonstrating that another party owed a duty of care to the decedent, that the duty was breached through negligent or wrongful conduct, and that the breach caused the decedent s death. Evidence commonly used to establish these elements includes accident reports, medical and autopsy records, photographs of the scene, surveillance or vehicle data, and witness statements. In many cases professionals such as accident reconstructionists, medical reviewers, or engineers provide analyses that connect the breach of duty to the fatal outcome. A clear causation argument supported by timely gathered documentation strengthens settlement negotiations and presents a credible case at trial if necessary. Defense objections or competing theories of causation can often be addressed through careful investigation, expert assessments, and corroborating records that show how the negligent act led to the decedent s injuries and subsequent death.

Can I pursue a wrongful death claim if the incident involved a government entity?

Yes, a wrongful death claim can involve a government entity, but claims against public bodies in Florida are subject to special notice requirements and shorter timelines than typical civil actions. When a government agency or employee may be liable, claimants often must provide formal written notice within a specified period and follow statutory procedures before filing suit, and there may be caps or limitations on recovery in certain contexts. Because these rules are technical and time-sensitive, prompt legal review is critical to preserving a claim against a government defendant. Navigating claims against public entities may require simultaneous coordination of administrative notice and investigation while preparing for possible litigation, and missing procedural requirements can jeopardize the ability to recover compensation. Legal counsel can help families meet notice deadlines, document the basis for a claim, and advise about potential limitations or alternatives when a government defendant is involved.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim seeks compensation for the losses that surviving family members suffer as a result of a decedent s death, including economic and non-economic damages such as lost support and loss of companionship. In contrast, a survival action preserves and seeks recovery for claims that the decedent could have pursued had they survived, such as pain and suffering endured before death, and any losses the decedent personally incurred prior to passing. Both types of actions may be available depending on the circumstances and are sometimes pursued together to ensure that all recoverable losses are addressed. Understanding the distinction is important because each claim serves a different purpose and may be governed by different rules about who can recover and how damages are calculated. Properly structuring the case to include both wrongful death and survival elements when appropriate ensures that both the decedent s losses and the survivors losses are fully considered in pursuit of just compensation.

Will filing a wrongful death claim mean going to trial?

Filing a wrongful death claim does not always result in a trial; many cases are resolved through settlement negotiations or alternative dispute resolution. Insurers frequently attempt to settle claims, and when liability and damages are documented, families can sometimes obtain a fair resolution without going to court. However, if the parties cannot reach an acceptable settlement, the matter can proceed to litigation and, if necessary, to trial where a judge or jury will decide liability and damages based on the evidence presented. Choosing whether to accept a settlement or pursue litigation depends on factors such as the strength of the proof, the adequacy of offers, and the family s preferences about resolution timing and certainty. Legal representation helps families evaluate settlement proposals, prepare for trial when appropriate, and advocate for a resolution that addresses both immediate financial needs and long-term losses.

How are funeral and medical expenses handled in a claim?

Funeral and medical expenses related to the decedent s final illness or injury are commonly recoverable components of a wrongful death action, and documenting these costs with itemized bills, receipts, and medical records is essential to support a claim for reimbursement. Families should collect hospital statements, invoices for emergency care, and funeral home bills to establish the financial impact of the decedent s final care and passing. Clear records help ensure these out-of-pocket expenses are included when assessing total damages. When preparing claims, it is also important to track any ongoing expenses or obligations tied to the decedent s care prior to death, which may be included in economic damages. Proper documentation and organization of bills and receipts makes it easier to present a complete accounting of economic losses during negotiations or in court, supporting a fair recovery for the family.

What should I do immediately after a fatal incident?

Immediately after a fatal incident, families should prioritize safety and medical care, then take steps to preserve evidence and gather basic information such as contact details for witnesses, photographs of the scene if safe to do so, and copies of any immediate reports like police or accident reports. Obtain and secure medical records and hospital documentation related to the incident as early as possible, because these records are central to proving the cause of injury and the chain of events leading to death. Prompt documentation protects the family s ability to demonstrate the facts of the case and the damages suffered. It is also advisable to consult with a law firm experienced in handling wrongful death matters to learn about statutory deadlines, evidence preservation, and the process for pursuing claims. Legal counsel can initiate requests for records, advise on communications with insurers, and coordinate necessary investigations so that the family can focus on immediate needs while the legal process is managed properly.

How does the firm communicate with families during a case?

The firm communicates with families through regular updates, scheduled calls, and written summaries to ensure they understand case progress, anticipated timelines, and key decisions that arise during a wrongful death matter, and it strives to be responsive to questions and practical concerns throughout the process. Clear communication about investigative steps, settlement offers, and litigation choices helps families weigh options with realistic expectations and make informed decisions about their case. Families are encouraged to raise practical questions about financial needs and case priorities so the firm can align its approach accordingly. When necessary the firm will coordinate with local professionals and service providers in Florida to obtain records and expert input, keeping the family informed about developments and the implications of new information. Consistent communication also includes counseling about procedural requirements and what documentation or involvement is needed from family members, helping to reduce uncertainty and maintain transparency at each stage of the claim.

Personal Injury Services in Florida

Explore our injury practice areas

⚖️ All Personal Injury Services