Wrongful Death

You shouldn't have to be thinking about legal strategy right now. If you've lost someone and a family member suggested you speak with an attorney, that instinct is right — but you don't need to have answers yet. We'll walk through what happened, explain what your family's options are, and let you decide what comes next. That's what the free consultation is for. You don't need to be ready to pursue a lawsuit today, but speaking with an attorney soon gives you the information to make that decision on your own terms.
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Who Florida Law Allows to File a Wrongful Death Claim

Under Florida's Wrongful Death Act, the personal representative of the deceased's estate brings the lawsuit — but the damages recovered belong to the surviving family members, not the estate itself. Florida law defines which family members may recover, and most immediate families qualify.

 

Eligible survivors under Florida's Wrongful Death Act typically include:

 

  • The surviving spouse
  • Minor children of the deceased
  • Adult children, when there is no surviving spouse
  • Parents of the deceased, in certain circumstances
  • Any blood relative or adoptive sibling who was dependent on the deceased

 

Each eligible survivor may recover different categories of damages. A surviving spouse can recover for loss of companionship, protection, and mental pain and suffering. Children may recover for lost parental companionship and guidance. The estate itself may recover for medical and funeral expenses, lost earnings, and other economic losses the deceased sustained before death.

 

If you're unsure whether your family qualifies, a free consultation will give you a clear answer. Nothing more, nothing less.

What Causes a Wrongful Death Claim in Florida

A wrongful death claim arises when someone dies as a direct result of another party's negligence, recklessness, or intentional conduct — and the circumstances would have supported a personal injury claim had the person survived. Common causes include:

 

  • Car accidents caused by a negligent or impaired driver
  • Commercial truck accidents involving driver error or carrier negligence
  • Motorcycle accidents where another driver failed to yield or see the rider
  • Slip and fall accidents resulting from dangerous property conditions
  • Medical malpractice where a provider's error led to a patient's death
  • Workplace accidents involving unsafe conditions or inadequate safety measures

 

The underlying facts matter. We review what happened, identify who bears legal responsibility, and assess whether the evidence supports a claim before any decision is made about moving forward.

Accountability in Civil Court Doesn't Depend on a Criminal Case

One of the most common misconceptions families face after a fatal accident is the belief that a civil wrongful death claim requires a criminal conviction — or even a criminal charge. It does not. Civil and criminal cases operate under entirely separate legal standards.

 

In a criminal case, the state must prove guilt beyond a reasonable doubt. In a civil wrongful death claim, the standard is a preponderance of the evidence — meaning it is more likely than not that the defendant's conduct caused the death. A driver who was never charged, or who was charged and acquitted, can still be held civilly liable.

 

Your family's right to pursue accountability through the civil courts is independent of whatever the state decides to do, or not do, with a criminal case.

Serving Personal Injury Clients Across Pasco County and North Tampa

You have more options than the insurance company wants you to know. A case review with Butash Law Group costs you nothing — and gives you a clear picture of what your claim is actually worth before you agree to anything.

What Families Ask Us About Wrongful Death Claims

  • Who can file a wrongful death lawsuit in Florida?

    The personal representative of the deceased's estate files the lawsuit on behalf of eligible surviving family members. Qualifying survivors typically include the spouse, children, and in some cases parents or dependent relatives. The personal representative is often a family member named in the will or appointed by the court.

  • What is the statute of limitations for wrongful death in Florida?

    In most cases, Florida law gives surviving families two years from the date of death to file a wrongful death claim. Missing that deadline generally bars the claim entirely, regardless of how strong the underlying facts are. If you're unsure how much time remains, contact us as soon as possible.

  • Can I file a wrongful death claim and a personal injury claim at the same time?

    No. Once a person dies, the right to bring a personal injury claim on their behalf ends. A wrongful death claim replaces it. The wrongful death claim is brought by the estate's personal representative and recovers damages on behalf of the surviving family members rather than the deceased individual.

  • What is the difference between a wrongful death claim and a criminal case?

    A criminal case is brought by the state and can result in jail time, probation, or other criminal penalties. A wrongful death claim is a civil lawsuit brought by the family and seeks financial compensation. The two cases use different legal standards, proceed in different courts, and one does not depend on the outcome of the other.

  • What damages can a family recover in a Florida wrongful death claim?

    Recoverable damages vary by survivor. A spouse may recover for loss of companionship and mental pain and suffering. Children may recover for lost parental guidance and companionship. The estate may recover for funeral and burial expenses, medical costs incurred before death, and the deceased's lost future earnings. The specific damages available depend on the facts of the case and which family members survived.