When Someone You Love Dies Because of Someone Else's Negligence, You Deserve Answers

Losing a family member is devastating. When that loss was preventable — caused by another person's carelessness, negligence, or wrongful act — grief is complicated by questions no one should have to face alone. You don't have to figure out the legal side of this while you're still in shock. That's what we're here for.

You Don't Have to Decide Everything Today — But the Deadline Is Real

Florida's wrongful death statute gives surviving family members two years from the date of death to file a claim. That window exists whether you're ready or not. Waiting to investigate costs you nothing. Waiting too long forfeits the claim entirely. A free consultation with our team tells you where you stand — without any obligation to move forward until you're ready.

What Florida's Wrongful Death Law Actually Covers

Under the Florida Wrongful Death Act, a claim may be filed when a death is caused by the negligence, wrongful act, default, or breach of warranty of another person or entity. This includes car accidents, truck crashes, construction site fatalities, medical malpractice, defective products, and more. Many cases that don't seem to fit the definition do qualify — once someone looks closely at the facts.

 

The claim is filed by the personal representative of the deceased's estate on behalf of surviving family members. Those family members may include:

 

  • Spouse
  • Children (biological and legally adopted)
  • Parents (when the deceased has no surviving spouse or children)
  • Dependent siblings or blood relatives

What Your Family May Be Entitled to Recover

Florida wrongful death claims can pursue compensation for a range of losses — financial and deeply personal. The damages available depend on the relationship between the surviving family member and the deceased, and the specific circumstances of the death.

 

Recoverable damages may include:

 

  • Medical and funeral expenses related to the death
  • Lost income, benefits, and financial support the deceased would have provided
  • Loss of companionship, guidance, and parental support for minor children
  • Pain and suffering experienced by surviving family members
  • Mental and emotional anguish
  • Loss of the deceased's services to the household

A Lawsuit Isn't Just About Money — It's About Accountability

We hear this often from families: "I don't want this to just be about a settlement. I want someone to be held responsible." That matters to us too. A wrongful death claim creates a legal record of what happened. It names who was at fault and why. In some cases, it leads to changes in industry practices, workplace safety standards, or corporate policies that prevent the same thing from happening to another family. Your loss deserves more than silence.

Why Families in Florida Trust Us with These Cases

We've been representing injured Floridians and their families for more than 40 years. Our attorneys have worked on both sides of these cases — including as former defense and carrier-side counsel — which means we know exactly how insurance companies evaluate and challenge wrongful death claims. That experience shapes how we build every case from the beginning.

 

Two of our founding partners, Steve Barbas and Kelly Nunez, are bilingual in English and Spanish. Our team includes Kristen Emerson, who holds a nursing degree and brings direct medical insight to cases involving fatal injuries. We've earned recognition from Super Lawyers, Florida Legal Elite, Best Lawyers, and Avvo — but what we're most proud of is the trust families place in us during the hardest moments of their lives.

Answers to Questions Families Ask Us

  • Who can file a wrongful death lawsuit in Florida?
    In Florida, a wrongful death claim must be filed by the personal representative of the deceased person's estate. The representative acts on behalf of eligible surviving family members, which can include a spouse, children, parents, and in some cases dependent siblings or blood relatives.
  • How long do I have to file a wrongful death claim in Florida?
    Florida law sets a two-year statute of limitations for wrongful death claims, beginning on the date of death. Missing this deadline almost always means losing the right to file — regardless of how strong the case is. Contacting an attorney early preserves your options.
  • What qualifies as wrongful death under Florida law?
    Florida's Wrongful Death Act covers deaths caused by negligence, a wrongful act, default, or breach of warranty by another party. This includes fatal car and truck accidents, construction fatalities, medical errors, defective products, and other preventable deaths. A free consultation can clarify whether your circumstances qualify.
  • How much is a wrongful death settlement worth in Florida?
    Every case is different. Factors include the deceased's age and income, the number and relationship of surviving family members, the nature of the negligence, and the available insurance coverage. Our team can give you a more informed assessment once we understand the details of what happened.
  • Do I have to go to court to resolve a wrongful death claim?
    Many wrongful death cases in Florida are resolved through negotiated settlements before trial. However, if a responsible party or insurer refuses to offer fair compensation, we are fully prepared to take the case to court. We don't pressure families toward settlement — we pursue what's right for your situation.
  • Can I file a wrongful death claim if criminal charges are also pending?
    Yes. A civil wrongful death claim and a criminal prosecution are separate legal proceedings with different standards of proof. You can pursue a wrongful death lawsuit regardless of whether criminal charges have been filed, are pending, or were declined by prosecutors.

The Attorneys Handling Your Personal Injury Case

Personal injury litigation at Barbas Nunez Sanders Butler & Hovsepian is led by three attorneys whose backgrounds bring distinct strengths to every case.

Kelly Barcia Nunez

Kelly Barcia Nunez is a Florida Bar Board Certified attorney and founding partner with more than 30 years of litigation experience. Her command of Florida injury law and her direct client communication style have made her one of the firm's most trusted advocates for accident victims.

L. Gray Sanders

L. Gray Sanders spent time on the defense side of civil litigation before joining the firm, which means he approaches every personal injury case understanding exactly how the opposing carrier will evaluate and contest it. That inside knowledge shapes case strategy from the first file review.

Kristen Emerson

Kristen Emerson holds a nursing degree alongside her law license. In personal injury cases involving serious physical injuries, disputed diagnoses, or contested medical causation, her clinical background is a concrete advantage — she understands what happened to your body, not just what the records say.

Two cars parked nose-to-nose with three people inspecting the damage between them

You've Carried Enough — Let Us Handle the Legal Fight

You shouldn't have to navigate insurance adjusters, legal deadlines, and liability disputes while you're grieving. Our team takes on that burden so you can focus on your family. The consultation is free, there's no obligation, and we don't collect a fee unless we recover for you. Call us at 800-227-2275, or use the form below to reach us on your own time.