Fort Lauderdale Wrongful Death Lawyer — Compassionate Advocacy for Grieving Families
No legal case is more devastating than a wrongful death claim. When someone you love is killed because of another person’s negligence, recklessness, or intentional conduct, the grief is compounded by a cascade of practical crises — funeral expenses, lost household income, medical bills from the final days or hours, and the terrifying realization that the financial foundation of your family may have been destroyed alongside the person who provided it.
A lawsuit cannot undo what happened. It cannot bring your loved one back. But it can hold the responsible parties accountable, provide the financial security your family needs to move forward, and send a clear message that negligence has consequences. If you have lost a family member due to someone else’s negligence in Fort Lauderdale or anywhere in South Florida, you need a Fort Lauderdale wrongful death lawyer who will handle your case with both the legal skill it demands and the compassion your family deserves.
At Dean Levy Injury Law, Attorney Dean Levy personally handles every wrongful death case. These cases are too important and too sensitive to delegate to junior staff. With more than $30 million recovered for his clients, Attorney Levy brings the experience, resources, and genuine empathy that families in crisis need.
We are deeply sorry for your loss. Let us help protect your family’s future.
(888) 613-3326 — Free, Confidential ConsultationNo fees unless we win. Every case receives Attorney Levy’s personal attention.
What Is a Wrongful Death Claim Under Florida Law?
A wrongful death claim arises when a person dies as a result of another party’s wrongful act, negligence, default, or breach of contract or warranty. Florida’s Wrongful Death Act (Florida Statutes §768.16–768.26) creates the legal framework that allows surviving family members to seek compensation for their losses when a death is caused by someone else’s fault.
The key distinction between a wrongful death claim and a criminal case is the standard of proof. A criminal prosecution requires proof “beyond a reasonable doubt.” A civil wrongful death claim requires only proof by a “greater weight of the evidence” — meaning it is more likely than not that the defendant’s negligence caused the death. This lower standard means families can obtain justice and compensation even when criminal charges are not filed or do not result in a conviction.
Important: A wrongful death claim can proceed regardless of the outcome of any criminal case. Even if the responsible party is acquitted of criminal charges or never charged at all, the civil wrongful death claim is a separate legal action with a different standard of proof.
Who Can File a Wrongful Death Claim in Florida?
Florida’s Wrongful Death Act is more restrictive than many other states regarding who has the legal right to file a claim. Understanding these rules is essential because filing by the wrong party or missing the proper procedures can jeopardize the entire case.
The Personal Representative
Under Florida law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is the individual named as executor in the deceased person’s will, or if there is no will, an individual appointed by the probate court. The personal representative files the lawsuit on behalf of the estate and the surviving family members who are entitled to recover damages.
If a personal representative has not yet been appointed, one must be appointed through probate proceedings before the wrongful death lawsuit can be filed. Our firm coordinates with probate attorneys to ensure this step is completed properly and does not delay your case.
Who Recovers Damages?
While the personal representative files the lawsuit, the damages are distributed to the surviving family members according to Florida’s statutory framework.
| Surviving Family Member | What They Can Recover | Key Notes |
|---|---|---|
| Surviving Spouse | Loss of companionship, protection, and support. Mental pain and suffering. Lost income and services the deceased would have provided. | Spouse has exclusive right to recover for loss of consortium during marriage |
| Minor Children | Lost parental companionship, instruction, and guidance. Mental pain and suffering. | Applies to all children under 25, or dependent children of any age |
| Adult Children (if no spouse) | Mental pain and suffering only if there is no surviving spouse | Adult children can only recover pain and suffering if there is no surviving spouse |
| Parents | Mental pain and suffering for the death of a minor child. Lost support and services of an adult child if the parent was dependent. | Both parents may recover, even if divorced |
| Other Blood Relatives / Adoptive Siblings | Generally limited to specific circumstances | Dependent on showing financial dependency on the deceased |
| The Estate | Medical and funeral expenses. Lost earnings from date of injury to date of death. Loss of future net income (net accumulations). | Net accumulations = income the deceased would have saved beyond their own living expenses |
The “net accumulations” rule is one of the most complex and most impactful elements of Florida wrongful death law. It represents the income the deceased would have earned and saved over their remaining working life, minus their personal living expenses. For a high-earning professional with decades of career ahead, net accumulations can represent millions of dollars. Accurately calculating this figure requires economic experts and vocational specialists — resources our firm provides on every wrongful death case.
Common Causes of Wrongful Death in Fort Lauderdale
Wrongful death claims arise from many types of negligence. Our firm handles wrongful death cases across the full spectrum of causes, including the following.
Car Accidents
Motor vehicle crashes are the leading cause of wrongful death claims in Broward County. Fatal crashes on I-95, I-595, US-1, and Fort Lauderdale’s major arterials claim hundreds of lives each year. Distracted driving, drunk driving, speeding, and reckless driving are the most common factors. When a car accident kills a family member, the at-fault driver, their employer (if driving for work), and any other contributing parties can be held liable.
Truck Accidents
The massive forces involved in commercial truck collisions make them disproportionately likely to be fatal for occupants of passenger vehicles. Wrongful death claims against trucking companies involve multiple liable parties, larger insurance policies, and federal regulation violations that strengthen the case. Our firm’s experience with truck accident litigation is directly applicable to trucking-related wrongful death claims.
Motorcycle Accidents
Motorcyclists are 29 times more likely to die in a crash per mile traveled than car occupants. When a rider is killed by a negligent driver, the family must overcome the same anti-rider bias that affects injury cases — the defense will argue the rider “assumed the risk.” Our firm fights this bias with evidence, expert testimony, and aggressive advocacy.
Pedestrian and Bicycle Accidents
Fort Lauderdale’s pedestrian fatality rate is among the highest in Florida. Pedestrians and cyclists struck by vehicles at high speed have virtually no protection. Fatal pedestrian and bicycle crashes frequently involve distracted drivers, failure to yield at crosswalks, and drivers making turns without checking for pedestrians or cyclists.
Additional Causes
Medical Malpractice
Surgical errors, misdiagnosis, delayed treatment, medication mistakes, and hospital-acquired infections that result in death. Separate pre-suit requirements apply in Florida.
Premises Liability
Fatal falls, drownings at pools and waterways, electrocution from defective wiring, and other deaths caused by unsafe property conditions. Hotels, apartments, construction sites, and commercial properties.
Boating Accidents
Fort Lauderdale’s extensive waterway system sees frequent boating accidents involving operator negligence, DUI, excessive speed, and inadequate safety equipment. Fatal boating crashes are tragically common in Broward County.
Defective Products
Deaths caused by dangerous or defective products — vehicles with design defects, unsafe consumer products, defective medical devices, and contaminated food or medications.
Workplace Fatalities
Construction site deaths, industrial accidents, and other workplace fatalities present unique legal challenges because Florida’s workers’ compensation system generally bars lawsuits against employers. However, wrongful death claims can still be pursued against third parties — equipment manufacturers, property owners, subcontractors, and other entities whose negligence contributed to the fatal incident. In some cases, intentional employer misconduct can also create an exception to the workers’ compensation bar.
Criminal Acts
When a death results from an assault, DUI manslaughter, or other criminal act, the surviving family can file a civil wrongful death claim against the perpetrator — and potentially against third parties whose negligence enabled the crime. For example, a bar that overserved an intoxicated patron who then caused a fatal DUI crash may bear liability under Florida’s dram shop principles. A property owner whose inadequate security allowed a fatal assault on their premises may be liable for negligent security.
Compensation in Florida Wrongful Death Cases
Florida’s Wrongful Death Act provides for two categories of damages: damages recovered by the estate and damages recovered by the individual surviving family members.
Estate Damages
- Medical and funeral expenses — costs incurred between the injury and the death, plus reasonable funeral and burial expenses
- Lost earnings — the income the deceased lost between the date of injury and the date of death
- Net accumulations — the projected income the deceased would have earned and saved over their remaining working life, minus personal living expenses. This is frequently the largest single component of a wrongful death claim and requires expert economic testimony to calculate accurately
Survivor Damages
- Loss of support and services — the financial support, household services, and contributions the deceased provided to the family
- Loss of companionship and protection — the comfort, companionship, guidance, and emotional support the survivors lost
- Loss of parental companionship — for minor children, the loss of parental instruction, guidance, and nurturing
- Mental pain and suffering — the emotional anguish, grief, and psychological impact experienced by the surviving spouse, minor children, and (in some circumstances) parents and adult children
- Loss of consortium — for the surviving spouse, the loss of the marital relationship including companionship, intimacy, and shared life
What Determines the Value of a Wrongful Death Case
| Factor | Impact on Value | How We Prove It |
|---|---|---|
| Age of the deceased | Younger victims = more years of lost earnings and companionship = higher value | Economic expert testimony, actuarial projections |
| Earning capacity | Higher lifetime earnings = larger net accumulations | Employment records, tax returns, vocational experts, economic models |
| Number of dependents | More dependents (spouse, children) = more individual damage claims | Family documentation, financial dependency evidence |
| Health of the deceased | Life expectancy affects future earnings and companionship projections | Medical records, mortality tables |
| Strength of family relationships | Closer relationships = stronger companionship and suffering claims | Family testimony, photos, communications, community witness testimony |
| Circumstances of death | Particularly egregious negligence can increase jury sympathy and verdict size | Accident investigation, evidence of recklessness or willful conduct |
| Available insurance | Policy limits set practical ceiling unless defendant has personal assets | Policy review, asset investigation, identification of all liable parties |
These ranges are illustrative only. Every wrongful death case is unique. The value depends entirely on the specific circumstances of the death, the deceased person’s earnings and family situation, and the available insurance and assets. Contact our office for a confidential, no-obligation evaluation of your family’s case.
The Wrongful Death Timeline: Critical Deadlines You Cannot Miss
| Deadline | Requirement | Consequence of Missing It |
|---|---|---|
| 2 Years from Date of Death | File wrongful death lawsuit | Permanent loss of the right to sue — no exceptions |
| Government Claims: Varies | Written notice to government entity before filing suit | Claim may be barred if notice requirements are not met |
| Medical Malpractice: Pre-Suit | Pre-suit investigation and notice required before filing | Lawsuit dismissed if pre-suit requirements not followed |
| Evidence Preservation: Immediate | Preserve surveillance footage, vehicle data, medical records | Critical evidence lost within days to weeks |
| Probate: As Soon as Possible | Appoint personal representative to file the lawsuit | Lawsuit cannot be filed until representative is appointed |
The two-year statute of limitations may seem like ample time, but wrongful death cases require extensive investigation, expert analysis, and preparation that takes many months. The evidence preservation deadline is the most urgent — surveillance footage, vehicle data, and other critical evidence can disappear within days. The sooner an attorney is involved, the stronger your case will be.
How We Handle Fort Lauderdale Wrongful Death Cases
Wrongful death cases demand two things that rarely coexist: aggressive legal strategy and genuine human compassion. Our firm provides both.
- Compassionate initial consultation. We understand that calling a lawyer is one of the hardest things you will do during this time. Attorney Levy meets with every wrongful death family personally, listens to your story with patience and empathy, explains the legal process in clear terms, and gives an honest assessment of your case. There is no pressure and no obligation.
- Immediate evidence preservation. We send preservation letters to all potentially responsible parties, obtain police and accident reports, secure surveillance and dashcam footage, and begin building the evidentiary record before critical evidence is lost or destroyed.
- Thorough liability investigation. We investigate every aspect of the incident to identify all liable parties and all available insurance. In car and truck accident deaths, this may include the driver, their employer, the vehicle manufacturer, and maintenance providers. In premises liability deaths, the property owner, management company, and maintenance contractors may all bear responsibility.
- Probate coordination. If a personal representative has not been appointed, we coordinate with probate counsel to establish the estate and appoint the representative, ensuring the wrongful death lawsuit can proceed without unnecessary delay.
- Economic and life care expert analysis. We retain forensic economists who calculate the deceased person’s projected lifetime earnings, net accumulations, and the financial value of household services they would have provided. For cases involving the death of a young parent, these projections can span decades and represent millions of dollars in lost economic contribution.
- Family impact documentation. We work with your family to document the depth of the relationships, the daily interactions, the emotional bonds, the shared experiences, and the irreplaceable role the deceased played in your family’s life. This documentation transforms abstract “loss of companionship” into a concrete, compelling narrative that juries feel and respond to.
- Aggressive pursuit of maximum compensation. Armed with thorough evidence of liability, expert economic analysis, and powerful testimony about your family’s loss, we negotiate with the defendant’s insurance company for the maximum possible settlement. If the insurer will not offer fair compensation, we take the case to trial — and the insurance company knows we will.
The Emotional Reality: What Families Go Through
We include this section because we believe honesty matters, and because families in the early stages of grief often do not know what to expect from the legal process.
Pursuing a wrongful death claim while grieving is emotionally exhausting. You will be asked to provide detailed information about your loved one’s life, earnings, daily habits, and your relationship. You may need to give depositions where defense attorneys ask pointed, sometimes insensitive questions. You will receive settlement offers that feel like an attempt to put a price on a human life. And the process will take months, sometimes more than a year, to resolve.
Our role is to carry as much of that burden as possible so you can focus on your family, your grief, and your healing. Attorney Levy handles all legal work, all communication with the defense, all court filings, and all negotiations. When depositions are necessary, we prepare you thoroughly and are at your side throughout. When settlement offers come in, we explain exactly what they mean and whether they reflect the true value of your loss.
We also know when to be quiet and listen. Sometimes the most important thing an attorney can do is simply hear you talk about the person you lost.
“I highly recommend Dean Levy Injury Law. From the moment I called Dean, he was calm, professional, and extremely organized. He guided me through the entire process with patience and clarity, making a stressful situation much easier to handle.”
Wrongful Death vs. Criminal Prosecution: Two Separate Paths
Families often ask whether they need to wait for a criminal case to conclude before pursuing a wrongful death claim. The answer is no. The civil wrongful death lawsuit and any criminal prosecution are entirely separate legal proceedings with different standards of proof, different parties, and different outcomes.
| Factor | Criminal Case | Civil Wrongful Death Claim |
|---|---|---|
| Who brings the case? | The State of Florida (prosecutor) | The estate’s personal representative |
| Standard of proof | Beyond a reasonable doubt | Greater weight of the evidence (preponderance) |
| Possible outcomes | Prison, probation, fines | Monetary compensation to the family |
| Family’s role | Witness — no control over the case | Client — directs the attorney and approves all decisions |
| Timeline | Controlled by the prosecutor and court | Controlled by your attorney within statutory limits |
A criminal acquittal does not prevent a civil wrongful death recovery. The most famous example is the O.J. Simpson case — acquitted of murder in criminal court, found liable for wrongful death in civil court. The lower standard of proof in civil cases means that families can obtain justice even when the criminal system does not deliver it.
Punitive Damages in Florida Wrongful Death Cases
In most wrongful death cases, the compensation awarded is “compensatory” — it compensates the family for their financial and emotional losses. But in cases involving particularly egregious conduct, Florida law allows the jury to award punitive damages on top of compensatory damages. Punitive damages are not about compensating the family — they are about punishing the defendant and deterring similar conduct in the future.
Punitive damages may be available when the death was caused by intentional misconduct or gross negligence — a drunk driver with multiple prior DUI convictions, a trucking company that knowingly allowed a fatigued driver to operate, a property owner who ignored repeated warnings about a lethal hazard, or a manufacturer that concealed knowledge of a deadly product defect. Under Florida Statute §768.73, punitive damages are generally capped at the greater of three times the compensatory damages or $500,000, although higher amounts are available when the defendant’s conduct was motivated by unreasonable financial gain or when the defendant was personally aware of the specific danger.
Proving entitlement to punitive damages requires a separate court finding that there is a reasonable basis for recovery, which must be obtained before the punitive damages claim can even be presented to the jury. This procedural requirement makes experienced legal representation essential — the motion practice required to unlock punitive damages is complex and must be executed properly.
Insurance and Financial Recovery: Where the Money Comes From
One of the first practical questions families ask is: where does the compensation actually come from? The answer depends on how the death occurred and who is liable.
Auto Insurance Policies
When a death results from a car, truck, or motorcycle accident, the at-fault driver’s bodily injury liability (BIL) insurance is the primary source of compensation. Florida’s minimum required coverage is grossly inadequate for a wrongful death claim — and many drivers carry no BIL coverage at all. When the at-fault driver is underinsured or uninsured, your family’s own uninsured/underinsured motorist (UM/UIM) coverage provides critical additional protection. For trucking-related deaths, the carrier’s commercial policy ($750,000 to $5 million or more) provides substantially more coverage.
Commercial and Premises Liability Policies
When a death occurs on commercial property — a hotel, store, restaurant, construction site, or apartment complex — the property owner’s commercial general liability (CGL) policy covers the claim. These policies frequently carry limits of $1 million to $5 million or more, particularly for large commercial properties, hotel chains, and national retailers.
Umbrella and Excess Policies
Many businesses and high-net-worth individuals carry umbrella policies that provide additional coverage beyond their primary liability limits. Identifying umbrella policies requires thorough investigation and discovery — the defendant will not volunteer this information. Our firm pursues every available policy to maximize your family’s recovery.
Personal Assets
When insurance coverage is insufficient, the liable party’s personal assets — real estate, vehicles, financial accounts, business interests — may be available to satisfy a judgment. While collecting on personal assets is more complex than collecting from insurance, it is an important avenue in cases where the defendant’s negligence was extreme and the insurance limits are inadequate to compensate the family’s losses.
Our firm conducts asset investigations early in the process to determine the total pool of available compensation. This information shapes our settlement demands and our litigation strategy, ensuring we pursue every dollar your family is entitled to.
Wrongful Death of a Child in Florida
The death of a child is the most devastating event a parent can experience. Florida’s Wrongful Death Act provides specific provisions for the death of a minor child.
Parents of a deceased minor child can recover for mental pain and suffering, lost companionship, and the lost future support and services the child would have provided during adulthood. Unlike adult wrongful death cases, where net accumulations focus on documented earnings history, the loss of a child requires projections about the child’s future earning potential based on family educational background, community factors, and statistical data about probable career trajectory.
These cases are emotionally overwhelming for the parents, the jury, and everyone involved. Our firm handles the death of a child with extraordinary sensitivity while still pursuing the aggressive legal strategy that accountability demands. We retain child psychology experts, educational specialists, and economic experts who can paint a credible picture of the life the child would have lived — the career they would have built, the family they would have created, and the contributions they would have made to their parents’ lives in adulthood.
Florida law allows both parents to recover damages individually, even if the parents are divorced or were never married. Each parent’s claim for mental pain and suffering and loss of companionship is evaluated independently based on the nature and closeness of their relationship with the child.
Why Choose Dean Levy Injury Law for Your Family’s Wrongful Death Case
| Factor | Dean Levy Law | High-Volume Firms |
|---|---|---|
| Who handles your case? | Attorney Dean Levy personally | Paralegal or junior associate |
| Approach to families | Compassionate, patient, available | Often impersonal and rushed |
| Economic experts | Forensic economists and vocational specialists on every case | May skip expert analysis to cut costs |
| Probate coordination | Handled seamlessly with probate counsel | May cause delays from inexperience |
| Trial willingness | Prepared to take wrongful death cases to jury | Many settle every case to avoid trial costs |
| Communication | Direct access to your attorney, any time | Call center or case manager |
| Upfront cost | $0 — contingency fee | $0 — contingency fee |
Areas We Serve for Wrongful Death Cases
Our office is located at 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33312, and we represent families throughout South Florida and statewide in wrongful death matters.
Broward County
Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Plantation, Davie, Sunrise, Pompano Beach, Deerfield Beach, Weston, Hallandale Beach, Oakland Park, Coconut Creek
Miami-Dade County
Miami, Miami Beach, Hialeah, Coral Gables, Doral, Aventura, North Miami, Miami Gardens, Homestead, Kendall, Sunny Isles Beach
Palm Beach County
West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Palm Beach Gardens, Wellington, Lake Worth
Statewide
We handle wrongful death cases throughout Florida for families who have lost loved ones due to negligence, regardless of where the fatal incident occurred
Frequently Asked Questions
The statute of limitations is two years from the date of death. This deadline is absolute — if you miss it, your family permanently loses the right to pursue compensation. Because wrongful death cases require extensive investigation and expert analysis, contacting an attorney as soon as possible is essential.
Only the personal representative of the deceased person’s estate can file the lawsuit. This is the person named as executor in the will, or someone appointed by the probate court if there is no will. The lawsuit is filed on behalf of the estate and the surviving family members entitled to recover damages.
If the deceased did not have a will, the probate court will appoint a personal representative — typically the surviving spouse or an adult child. Our firm coordinates with probate attorneys to ensure this appointment happens quickly so the wrongful death case can proceed without unnecessary delay.
Yes. The civil wrongful death claim is entirely separate from any criminal prosecution. You do not need criminal charges or a conviction to pursue a wrongful death lawsuit. The civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).
The value depends on the deceased person’s age, earning capacity, number of dependents, the strength of family relationships, and available insurance. Cases involving the death of a working parent with young children and significant earning potential can be worth several million dollars. Contact us for a confidential evaluation specific to your family’s situation.
Net accumulations represent the income the deceased would have earned and saved over their remaining working life, minus their personal living expenses. This figure is calculated by forensic economists using employment records, tax returns, industry data, and actuarial tables. For high-earning professionals, net accumulations can represent the largest single component of the wrongful death claim.
Adult children (over 25 and not dependent) can recover for mental pain and suffering only if there is no surviving spouse. If there is a surviving spouse, the spouse’s claim for loss of companionship and mental pain takes priority. Children under 25 can recover regardless of whether there is a surviving spouse.
Our firm coordinates with experienced probate counsel to handle the estate appointment process. In many cases, the probate work can proceed simultaneously with the wrongful death investigation, avoiding delay. You do not need to find a probate attorney on your own — we handle the coordination.
Most wrongful death cases take 12 to 24 months to resolve, though complex cases involving multiple defendants or disputed liability may take longer. Settlement negotiations often begin after the investigation and expert analysis are complete. Cases that go to trial require additional time.
Dean Levy Injury Law handles all wrongful death cases on a contingency fee basis. Your family pays nothing upfront and owes no fees unless we recover compensation. The initial consultation is always free and confidential.
Your family deserves justice, financial security, and compassionate legal counsel.
(888) 613-3326 — Free, Confidential Consultation$30M+ recovered. Contingency fee — no cost unless we win. Available 24/7.
Dean Levy Injury Law — 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33312 — (888) 613-3326