Wrongful Death Attorney: 4 Essential Steps to Justice

Why Finding the Right Wrongful Death Attorney Can Change Everything

A wrongful death attorney helps families seek justice and compensation when a loved one dies due to someone else’s negligence or wrongful act. Here’s what you need to know:

What a wrongful death attorney does:

• Investigates the death’s circumstances
• Files claims within Florida’s two-year statute of limitations
• Negotiates with insurance companies
• Represents your family in court
• Works on a contingency fee basis (no fee unless you win)

Who can file in Florida:

• The estate’s personal representative (for the benefit of the surviving spouse, children under 25, parents, and dependent relatives)

Types of compensation available:

• Medical and funeral expenses
• Lost wages and future earnings
• Loss of companionship and guidance
• Pain and suffering damages

The loss of a loved one is devastating, and facing complex legal procedures alone makes it worse. When a death is caused by another’s negligence—whether in a car accident, medical malpractice case, or workplace incident—Florida law provides a path for families to seek justice and financial support.

Families often face mounting medical bills, funeral costs, and the sudden loss of income. Meanwhile, insurance companies may try to minimize payouts, adding stress when you are already grieving.

I’m Thomas W. Carey, a board-certified civil trial lawyer. I’ve handled thousands of injury cases across Florida, including many wrongful death attorney cases. My own wife was killed by a drunk driver, so this personal experience, combined with decades of legal expertise, shapes my understanding of what families need during these challenging times.

Understanding Wrongful Death: The Legal Foundations in Florida

When a loved one dies because of another’s careless actions, Florida law allows families to hold the responsible party accountable through a wrongful death claim. Understanding these legal foundations is the first step toward justice for your loved one and financial security for your family.

What Constitutes a Wrongful Death?

Under Florida law, a wrongful death occurs when someone dies due to another party’s negligence, carelessness, or intentional wrongdoing. If your loved one could have filed a personal injury lawsuit had they survived, you likely have grounds for a wrongful death claim. The legal standard requires proving the at-fault party had a duty of care, breached that duty, and directly caused the death. These are preventable deaths—ones that wouldn’t have happened if someone else had acted responsibly.

The Florida wrongful death law defines this as a death caused by a “wrongful act, negligence, default or breach of contract or warranty.” Your wrongful death attorney will determine if your situation meets these legal requirements.

Common Causes of Fatal Accidents

Wrongful deaths can happen in many ways. Recognizing these common causes can help you understand if you have a valid claim.

• Motor vehicle accidents: Negligent acts like distracted driving or speeding cause thousands of deaths in Florida each year. Our Car Accident Attorney team handles these preventable crashes.
• Medical malpractice: Fatal errors can result from misdiagnosis, surgical mistakes, or medication errors when medical professionals fail to meet the standard of care. Our Medical Malpractice Attorney Clearwater, FL page explains our approach.
• Workplace accidents: Employers who fail to provide proper safety equipment or training can be held liable for fatal accidents.
• Defective products: Manufacturers are responsible for ensuring their products are safe. Faulty car parts or dangerous toys can lead to wrongful death claims.
• Premises liability: Property owners can be liable for deaths caused by unsafe conditions like poorly maintained walkways, unsecured pools, or inadequate security. Our Premises Liability team understands these cases.
• Drunk driving accidents: These accidents are entirely preventable, and the driver’s clear negligence often results in strong wrongful death claims. Our Drunk Driving Accident Attorney page details how we pursue justice.

Who Can File a Claim in Florida?

Florida law is very specific: a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This person acts on behalf of the estate and for the benefit of the deceased’s “survivors.”

Survivors include the surviving spouse, children under 25, and parents of the deceased. Dependent relatives who relied on the deceased for financial support may also qualify.

The personal representative is usually named in the will; if not, the court will appoint one. A qualified wrongful death attorney will guide you through this process to ensure the claim is filed correctly.

Critical Deadlines: The Florida Statute of Limitations

In Florida, you have only two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, you lose your right to seek compensation forever.

While two years may seem like a long time, these cases require extensive investigation, and evidence can disappear quickly. The sooner your attorney can begin gathering reports, interviewing witnesses, and consulting experts, the stronger your case will be.

The deadline is even shorter for claims against a government entity, which often require you to provide official notice within six months. Don’t wait to contact an attorney. Protecting your legal rights starts with acting quickly.

You can read more about these requirements in Florida’s two-year statute of limitations law.

The Critical Role of a Wrongful Death Attorney

When you’re grieving, the last thing you want to deal with is legal paperwork and insurance companies. A skilled wrongful death attorney is essential, acting as your advocate, investigator, and negotiator so your family has the space to heal.

Navigating the Complex Legal Process

As your wrongful death attorney, we guide you through every step of the complex legal maze.

• Investigation: We begin by gathering crucial evidence, including police reports, medical records, and witness statements. Our thorough approach uncovers details others might miss. Learn more about our methods on our How Attorneys Use Investigations for Your Personal Injury Claim page.
• Identifying Liable Parties: We conduct in-depth detective work to identify every party who may be responsible, whether it’s an individual, a corporation, or a government agency.
• Working with Experts: We consult with expert witnesses, such as accident reconstructionists and economists, to prove negligence and calculate the full value of your family’s loss. Our Use of Expert Witnesses page explains this process.
• Managing Legal Procedures: We handle every filing, deadline, and legal requirement, from the initial complaint to managing findy, so you can focus on your family.

Calculating Damages and Fighting for Fair Compensation

One of our most important jobs is to calculate the true value of your loss and fight to get you the compensation you deserve.

• Handling Insurance Companies: Insurance companies aim to pay as little as possible. We handle all communication with them to protect you from their tactics and lowball offers. Understanding the role of insurance companies in a car accident is key.
• Negotiating Settlements: We are skilled negotiators who know what your case is worth and will not settle for less. Our What is a proposal for settlement? page explains one part of this process.
• Going to Trial: As Board-Certified trial attorneys, we are always prepared to take your case to court if a fair settlement isn’t offered. Our readiness often encourages better offers. See what to expect on our Your trial part 1 page.

Providing Compassionate Support and Guidance

Legal expertise is only part of what we offer. We understand that behind every case is a family in pain.

We lift the legal burden from your shoulders, acting as a buffer between you and the stress of the legal system. Our goal is to give you the space to grieve while we expertly protect your legal rights. You are not just another case file to us; we provide dedicated, personal advocacy because we know that compassionate representation makes all the difference.

Compensation and Costs: What to Expect Financially

No amount of money can bring back your loved one, but compensation can provide financial stability and hold the negligent party accountable. Understanding potential damages and how wrongful death attorney fees work is a crucial step in making informed decisions for your family’s future.

What Types of Damages Can Be Recovered?

Florida law allows families to recover both economic and non-economic damages for their losses.

• Economic Damages: These cover measurable financial losses, including lost wages and future earnings, the value of services your loved one provided, final medical bills, and funeral expenses.

• Non-Economic Damages: These compensate for intangible but profound losses, such as the loss of companionship, guidance, and protection, as well as the survivors’ own pain and suffering. Learn more about Compensation for pain and suffering in Florida: What you need to know.

• Punitive Damages: In rare cases involving extreme recklessness, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

For the complete legal framework, you can review Florida law on compensation.

How Attorney Fees Work in Wrongful Death Cases

We know families are often under financial strain after a sudden loss. That’s why we work on a contingency fee basis, giving every family access to experienced legal representation.

Here’s how it works: you pay no attorney fees unless we win your case. Our fee is a percentage of the compensation we successfully recover for you. This arrangement aligns our interests with yours—we are motivated to fight for the maximum possible recovery. All fees are explained in a clear, written agreement with no surprises.

Learn more at Understanding Attorney Fees for Wrongful Death Cases.

Additional Case Costs and Expenses

Separate from attorney fees are case costs—the out-of-pocket expenses required to pursue your claim. These include court filing fees, expert witness fees, deposition costs, and expenses for gathering evidence.

We typically advance these costs on your behalf, so you pay nothing upfront. If we win your case, these costs are reimbursed from the settlement or award. If we don’t win, you generally will not owe us for these advanced costs. We will discuss all potential costs with you upfront so you can focus on your family while we focus on getting you justice.

The Wrongful Death Claim Process: A Step-by-Step Walkthrough

Understanding the wrongful death claim process can help ease the burden during a difficult time. With a compassionate wrongful death attorney as your guide, the legal maze becomes a clear path toward justice. Here’s what to expect.

Step 1: Initial Consultation and Hiring an Attorney

The process begins with a free, no-obligation case review. We will listen to your story, discuss the details of what happened, and explain your legal rights in plain English. We’ll cover the types of compensation available and how our firm works. If you decide to hire us, we will sign a clear retainer agreement that outlines our responsibilities.

Step 2: Investigation and Building the Case

Once hired, we immediately begin a thorough investigation. This phase is critical for building a strong case. We work quickly to:

• Gather documents: This includes police reports, medical records, autopsy reports, and employment records.
• Interview witnesses: We speak with anyone who has relevant information before memories fade.
• Consult experts: We may bring in accident reconstructionists, medical professionals, or economists to explain complex issues and calculate your losses.
• Preserve evidence: We act fast to secure crucial evidence like security footage or vehicle data before it is lost or destroyed.

We use expert testimony to tell your loved one’s story, as explained in our article on The litigation process: Depositions.

Step 3: Filing the Lawsuit and Findy

If a fair settlement cannot be reached through early negotiations, we will formally file a wrongful death lawsuit in court. This initiates the legal proceeding and includes:

• Filing the complaint: This document tells the court and the defendant why they are responsible for your loved one’s death and what damages you are seeking.
• Serving the defendant: We ensure the at-fault party is legally notified of the lawsuit.
• The findy process: This is the formal exchange of information between both sides. We use written questions (interrogatories) and requests for documents to uncover every detail that supports your case.

Step 4: Negotiation, Settlement, or Trial

Most wrongful death cases are resolved through a settlement, but we prepare every case as if it’s going to trial. This strengthens our negotiating position.

We typically begin settlement discussions with a demand letter that outlines your case and calculates your family’s losses. Mediation with a neutral third party often follows to help reach a resolution. If negotiations fail to produce a fair offer, our Board-Certified trial attorneys are fully prepared to fight for you in court. We will guide you through every step, from trial preparation to closing arguments. Learn more in our article about The trial part 2: Closing arguments and judgments.

How to Choose the Right Wrongful Death Attorney for Your Family

Choosing the right legal partner is one of the most important decisions you’ll make. It’s about finding an advocate who understands your pain and will fight for your family’s future.

Key Qualities to Look for in a Wrongful Death Attorney

When searching for a wrongful death attorney, look for these essential qualities:

• Experience: You need a lawyer with a long history of handling wrongful death claims. Our firm brings over 100 years of combined experience to these difficult cases.
• Specialization: Wrongful death claims have unique complexities. Choose an attorney who specializes in this area of law.
• Track Record of Success: Ask about past results in similar cases. A history of favorable outcomes demonstrates a firm’s ability to fight for you.
• Trial Experience: An attorney’s readiness to go to trial often leads to better settlement offers because insurance companies know they are serious.
• Communication and Compassion: Your attorney should communicate clearly and keep you informed. Check client testimonials to see how a firm handles the emotional side of these cases.

Questions to Ask During Your Consultation

Your consultation is your opportunity to interview potential attorneys. Be sure to ask:

• What is your experience with wrongful death cases like mine?
• Who will be my primary contact, and how often can I expect updates?
• What is your fee structure, and what other costs might be involved?
• Are you prepared to take my case to trial if a fair settlement isn’t offered?
• How do you support families through the emotional challenges of these cases?

Why Board Certification and Experience Matter

When your family’s future is at stake, you deserve the best. Board certification is a critical distinction held by only the top 2% of Florida lawyers. Board-certified attorneys are recognized experts who have proven their skills through rigorous testing, peer review, and extensive trial experience.

At Carey Leisure Carney, we combine our board certification and 100+ years of experience with genuine empathy and personalized service. We provide direct attorney access, meaning you speak directly with your lawyer, not layers of staff. We listen to your concerns and develop a legal strategy custom to your family’s specific needs.

Choosing a board-certified wrongful death attorney means choosing a proven expert who will honor your loved one’s memory while fighting for your family’s future. Learn more about our qualifications on our About / Board Certified Attorneys Clearwater page.

Frequently Asked Questions About Florida Wrongful Death Claims

When you’re facing the loss of a loved one, it’s natural to have questions about the legal process. Here are answers to some common concerns.

How long will my wrongful death case take?

The timeline for a wrongful death case varies. A straightforward case with a cooperative defendant might resolve in several months, while a complex case involving multiple parties or a trial could take a few years. The timeline depends on factors like case complexity, the amount of evidence to be gathered, and the defendant’s willingness to negotiate a fair settlement.

While we always work efficiently, our priority is to secure the full compensation your family deserves, not to rush a settlement. Your wrongful death attorney will keep you informed and provide a realistic timeline based on your specific circumstances.

Can I still file a claim if my loved one was partially at fault?

Yes, you may still be able to file a claim under Florida’s comparative negligence rule. This rule recognizes that responsibility for an accident can be shared. Your family’s compensation would be reduced by your loved one’s percentage of fault. For example, if a jury finds your loved one was 20% at fault, your total recovery would be reduced by 20%.

However, if your loved one is found to be more than 50% at fault, you are barred from any recovery. Insurance companies often try to shift blame to the deceased to reduce or eliminate their payout. An experienced wrongful death attorney is crucial for challenging these tactics and protecting your right to fair compensation. Our Comparative Negligence page explains this in more detail.

What if the at-fault party is also facing criminal charges?

A civil wrongful death claim and a related criminal case are two completely separate legal proceedings. The criminal case, brought by the state, seeks to punish the wrongdoer with penalties like jail time or fines. Your civil claim seeks financial compensation for your family’s losses.

The standard of proof is much lower in a civil case (“preponderance of the evidence”) than in a criminal one (“beyond a reasonable doubt”). This means you can win your civil lawsuit even if the defendant is not convicted of a crime.

A criminal conviction can significantly strengthen your civil case by helping to establish negligence. However, your claim can and should proceed independently, regardless of the criminal case’s outcome. Our wrongful death attorney team will build a strong, independent case designed to secure the compensation your family deserves.

Conclusion

The pain of losing a loved one to someone else’s negligence is a heavy burden. You shouldn’t have to steer the complex legal system and fight insurance companies alone while you are grieving. A compassionate and experienced wrongful death attorney can lift that weight from your shoulders.

The right attorney will honor your loved one’s memory by fighting tirelessly for accountability and the financial security your family needs. At Carey Leisure Carney, our Board-Certified attorneys—part of the top 2% in Florida—have over 100 years of combined experience guiding families through these cases with expertise and genuine compassion.

We provide direct attorney access and are always prepared to take your case to trial to achieve justice. Our promise is that you are more than just a case file to us.

Taking the first step doesn’t commit you to anything. Our initial consultation is completely free and without obligation. If we take your case, you won’t pay us any fees unless we win.

Your family has already suffered enough. Let us handle the legal fight while you focus on supporting each other. Contact a Board-Certified wrongful death attorney today and take the first step toward justice and peace of mind.