Legal guidance for families after a fatal accident in Florida.
Losing a family member suddenly because of someone else’s negligence is different from any other kind of injury case. There is grief, shock, and often a confusing mix of medical bills, funeral costs, and calls from insurers—all at a time when you are trying simply to get through each day.
The Florida wrongful death lawyers at Rosenthal, Levy, Simon & Sosa help spouses, children, parents, and other eligible family members pursue claims after fatal accidents in West Palm Beach, Port St. Lucie, Palm Beach County, St. Lucie County, and communities throughout South Florida and the Treasure Coast.
We are ready to fight for your rights after a motor vehicle crash, workplace injury, dangerous property condition, or other preventable event causes the death of your loved one.
If you have lost a family member and want to understand what wrongful death options may exist under Florida law, call (561) 478‑2500 or contact our Florida wrongful death law firm online to schedule a free, confidential consultation.
Table of contents
- Legal guidance for families after a fatal accident in Florida.
- Our Role In A Florida Wrongful Death Case
- Why Families Choose Rosenthal, Levy, Simon & Sosa For Wrongful Death Claims
- Common Situations That Can Lead To Wrongful Death Claims In Florida
- Who May Pursue A Wrongful Death Claim In Florida?
- What Can a Florida Wrongful Death Claim Address For Surviving Family Members?
- Ask Rosenthal, Levy, Simon & Sosa
- Florida Wrongful Death Attorneys FAQ
- Talk With A Florida Wrongful Death Attorney
Our Role In A Florida Wrongful Death Case
When a fatal accident occurs, the legal questions are not just about “what happened” but also “who can bring a claim,” “what losses can be addressed,” and “how the process works when the person who was hurt is no longer here to speak.”
Our wrongful death attorneys in Florida are here to help you work through those questions in a structured, respectful way. In a typical Florida wrongful death matter, we focus on:
- Clarifying whether a wrongful death claim is available. We review how the death occurred, whether it was linked to negligence, recklessness, or a wrongful act, and how Florida’s wrongful death statute may apply.
- Identifying who may bring the claim. Depending on the circumstances, the personal representative and certain surviving family members may be able to recover specific categories of damages.
- Preserving and evaluating evidence. We gather records, reports, and witness information related to the fatal event, whether it involved a crash, fall, workplace incident, or another scenario.
- Explaining the process and timing. Wrongful death claims in Florida have their own deadlines and procedural rules. We walk you through what to expect and how long each step may take.
You do not have to decide whether to pursue a Florida wrongful death claim alone or all at once. Contact our compassionate wrongful death lawyers in Florida for a free case evaluation exploring your legal rights and options.
Why Families Choose Rosenthal, Levy, Simon & Sosa For Wrongful Death Claims
Choosing a personal injury lawyer after a fatal accident is a serious decision. You are asking a law firm to handle a case that touches every part of your family’s life. Families turn to our Florida wrongful death attorneys because:
- We have represented grieving families for decades. Since 1985, Rosenthal, Levy, Simon & Sosa has focused on helping injured people and surviving families throughout South Florida and the Treasure Coast. Wrongful death claims have long been a part of our practice.
- We understand the kinds of events that lead to wrongful death cases. Our experience includes fatal car, truck, motorcycle, and pedestrian crashes; bicycle collisions; falls and dangerous property conditions; and other preventable incidents.
- We are familiar with local courts and insurers. We regularly handle cases filed in courts serving West Palm Beach, Port St. Lucie, Palm Beach County, and St. Lucie County, and we negotiate with the insurance carriers that often appear in serious Florida fatality claims.
- We communicate clearly with Florida families. Our attorneys and staff work with English‑speaking and Spanish‑speaking clients, and we explain legal issues in plain language, not technical shorthand.
- We prepare claims with careful attention to detail. Wrongful death cases often involve complex evidence, multiple parties, and significant damages. We approach them with the care they demand, from investigation through negotiation and, when necessary, litigation.
If you are looking for a Florida wrongful death attorney who will take the time to understand your family’s situation and then move the case forward with purpose, we are available to talk about what happened and what can be done.
Common Situations That Can Lead To Wrongful Death Claims In Florida
A wrongful death case is not limited to one type of accident. Under Florida law, a wrongful death claim may arise when a person’s death results from another party’s negligence, wrongful act, or breach of duty, and issues such as comparative negligence in personal injury case may also affect how responsibility is evaluated.
Some of the more frequent situations we see include:
- Fatal motor vehicle crashes. Deadly collisions involving cars, trucks, motorcycles, or pedestrians, including intersection crashes, highway accidents, and alcohol‑ or distraction‑related incidents.
- Bicycle and pedestrian fatalities. Situations where cyclists or people on foot are killed by drivers who fail to yield, run red lights, or leave the scene.
- Falls and unsafe property conditions. Fatal injuries linked to dangerous stairways, inadequate maintenance, poor lighting, or other hazards on someone else’s property.
- Work‑related accidents. Certain workplace deaths, including construction incidents and other serious on‑the‑job injuries, can lead to workers’ compensation and sometimes third‑party wrongful death claims.
- Other preventable events. Any circumstance where a death can be traced to negligence or wrongful conduct may warrant a closer look under Florida’s wrongful death laws.
If you are not sure whether what happened to your family member fits into any of these categories, you can still reach out. Part of our job is to help you understand whether Florida law recognizes a civil claim based on the facts of your case.
Who May Pursue A Wrongful Death Claim In Florida?
A key difference between wrongful death and other injury cases is that the person who was harmed is no longer here to bring the claim. Florida law sets out who may recover and what types of losses may be addressed.
In many Florida wrongful death cases:
- A personal representative is appointed to act on behalf of the decedent’s estate and eligible survivors.
- Certain surviving family members—such as a spouse, children, parents, and in some circumstances other dependent relatives—may be able to recover specific categories of damages.
- The types of recoverable losses can include both survivors’ damages (such as loss of support and services, loss of companionship, and mental pain and suffering in certain relationships) and estate‑related damages (such as certain medical or funeral expenses and lost earnings).
Every family’s situation is different. During a free case evaluation, we can talk with you about who may be involved in bringing a Florida wrongful death claim in your particular case.
What Can a Florida Wrongful Death Claim Address For Surviving Family Members?
A wrongful death claim cannot replace the person you lost. What it can do is address some of the financial and human consequences of the death under Florida’s wrongful death statutes.
Depending on the facts and the relationships involved, a Florida wrongful death claim may seek compensation for:
- Loss of financial support and services the decedent provided to eligible surviving family members
- Loss of companionship, protection, and guidance in certain legally recognized relationships
- Mental pain and suffering for specific survivors, as allowed by Florida law
- Medical expenses related to the final illness or injury, when paid by survivors or the estate
- Funeral and burial expenses associated with the memorial service, burial or cremation, cemetery or mausoleum fees, and related arrangements made necessary by the death.
- Loss of earnings and benefits the decedent would likely have accumulated over their expected working life, including potential wrongful death benefits in appropriate cases.
We can review your situation, explain how Florida’s wrongful death laws apply, and discuss what categories of losses might be available in your case.
Ask Rosenthal, Levy, Simon & Sosa
Q: How do I know if what happened to my loved one qualifies as wrongful death under Florida law?
A death may give rise to a wrongful death claim in Florida when it results from another party’s negligence, wrongful act, or failure to meet a legal duty. In practice, that often includes fatal crashes, dangerous property conditions, and certain workplace incidents. We can review the facts, explain how the law fits, including the statute of limitations for a wrongful death claim, and help you understand whether a claim appears to be available.
Q: Who actually files the wrongful death case for our family?
In Florida, wrongful death cases are typically brought by the personal representative of the decedent’s estate, acting for the benefit of eligible survivors and the estate itself. Part of our role is to help you understand how a personal representative is appointed, who may be included as survivors, and how a wrongful death settlement case may proceed.
Q: Is there a deadline for bringing a wrongful death claim in Florida?
Yes. In many situations, the time limit for bringing a wrongful death action in Florida is generally two years from the date of death. Because timing can be critical, it is important to speak with a Florida wrongful death attorney promptly so that potential deadlines in your case can be evaluated and your rights protected.
Florida Wrongful Death Attorneys FAQ
How do attorneys’ fees work in Florida wrongful death cases?
Our Florida wrongful death attorneys offer free consultations. In many cases, fees are handled on a contingency basis, which typically means you do not pay attorney’s fees at the outset of the case; instead, fees are usually paid from a recovery if we obtain compensation for you. We will explain the fee arrangement in detail before you decide whether to proceed.
What information should I bring to an initial meeting about a wrongful death claim?
If you have them, bring documents related to the fatal event (such as crash reports or incident reports), any correspondence from insurers, and information about medical care and funeral arrangements. If you do not have everything yet, we can still meet, learn more about what happened, and help identify what additional information would be useful.
Does pursuing a wrongful death claim mean we are “suing” immediately?
Not necessarily. A wrongful death claim can involve investigation, insurance negotiations, and, in some cases, litigation. Part of our job as Florida wrongful death lawyers is to explain each step, discuss options with you, and file a lawsuit when negligent parties responsible for the harm refuse to provide full and fair compensation for your incredible loss.
Can we talk to a lawyer even if we are not sure we want to pursue a wrongful death case?
Yes. Many families are unsure whether they want to pursue a wrongful death claim or what that would involve. A consultation is an opportunity to ask questions, understand your options, and then decide, in your own time, whether you wish to move ahead.
Talk With A Florida Wrongful Death Attorney
Nothing is more devastating than losing a loved one. While compensation won't undo the loss, it can help families heal and support themselves in the long-term.
Rosenthal, Levy, Simon & Sosa combines decades of legal experience in serious injury and fatality claims with straightforward guidance about your choices.
Call (561) 478‑2500 or contact us online to set up a free, confidential consultation with a Florida wrongful death lawyer. We will listen, answer your questions, and give you a clear picture of the legal options available to you under Florida law.