Finding the Right Wrongful Death Lawyer in Florida
Losing a loved one is never easy, but when the loss results from someone else’s negligence or wrongdoing, the emotional burden can be even more overwhelming. Families in Florida facing such tragedy need guidance, clarity, and a firm that understands both the legal and emotional challenges involved. At CH Smith Law Firm, we stand by families through every step of their wrongful death claims with compassion, experience, and integrity.
Choosing a Florida-based wrongful death law firm offers key advantages. Our attorneys know the state laws, local court systems, and how to navigate complex wrongful death claims efficiently and effectively. With offices in Plantation and Tampa, CH Smith Law Firm is deeply connected to the communities we serve. Our team is here to provide you with the personalized support you deserve during such a difficult time.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional actions of another party. Under Florida Statute § 768.21, eligible family members or the estate may file a claim seeking compensation. A personal representative, often named in the decedent’s will or appointed by the court, is responsible for filing the claim. These legal actions commonly follow incidents involving:
- Car accidents
- Boating accidents
- Medical malpractice
- Workplace accidents
- Unsafe premises or slip and fall incidents
Understanding your rights and the specific details of your case is essential. A Florida wrongful death attorney can help evaluate your legal options and guide you through the process.
Who Can File a Wrongful Death Claim in Florida?
In Florida, wrongful death claims follow specific legal rules. Not just anyone can file a claim after a loved one’s death. According to Florida Statute § 768.21, only certain individuals are allowed to recover compensation. These people must be closely related to the deceased and often depended on them for support.
The priority order in a wrongful death claim starts with the surviving spouse. They are usually the first to receive compensation. If there is no spouse, the children may be next in line. This includes biological and adopted minor children. Parents can also file a claim, especially if their child was a minor or financially supported them. In some cases, other family members like blood relatives or adopted siblings may be eligible if they were financially dependent on the deceased.
Even though multiple people may benefit from a wrongful death claim, only the personal representative of the deceased’s estate can file the lawsuit. This person is often named in a will or appointed by the court. Estate planning helps make this process clearer and protects everyone’s rights. An experienced Florida wrongful death attorney can help families understand who qualifies and how to move forward with the claim.
Understanding the Statute of Limitations
In Florida, the statute of limitations for filing a wrongful death claim is usually two years from the date of the person’s death. This legal deadline is very strict. If the claim is not filed within this time, the family may lose the right to seek compensation. There are a few exceptions, such as cases involving government agencies or when the cause of death was discovered later. However, these situations are rare and hard to prove without legal help.
That’s why it is important to speak with a qualified wrongful death attorney as soon as possible. An attorney can review the details of your case, explain the timeline, and help make sure everything is filed on time. Acting quickly protects your legal rights and keeps your family’s chance for justice alive.
Common Causes of Wrongful Death in Florida
Fatal accidents happen across Florida every year, often leaving families heartbroken and searching for answers. Understanding the most common causes of wrongful death can help families identify when legal action may be possible. These incidents often involve:
- Medical malpractice: Misdiagnosis, surgical errors, and delayed treatment
- Boating accidents: Operator negligence or intoxication
- Car or truck accidents: Distracted, impaired, or reckless driving
- Workplace accidents: Especially in construction, warehousing, or manufacturing
- Premises liability: Unsafe property conditions leading to fatal falls or other accidents
Each scenario presents unique legal challenges. Working with wrongful death attorneys who understand the nature of these claims is essential to building a strong case.
Compensation Available in Florida Wrongful Death Claims
Understanding the types of compensation available is an important part of filing a wrongful death claim in Florida. These damages are meant to ease the financial and emotional burdens families face after a tragic loss. Families may be eligible for:
- Lost support and services the decedent would have provided
- Medical expenses related to the injury before death
- Funeral and burial costs
- Loss of companionship, guidance, and protection
In some cases, courts may award punitive damages to punish particularly egregious conduct. However, such awards are rare and require clear and convincing evidence of intentional or grossly negligent behavior.
How Comparative Negligence Affects Your Case
Florida uses a comparative negligence system in wrongful death cases. This means that if your loved one was partly responsible for the accident that caused their death, it can reduce the compensation your family may receive. For example, if the deceased is found 20% at fault, the total damages awarded will be lowered by that amount. This rule makes wrongful death claims more complicated.
It is important to understand how comparative negligence works to prepare a strong case. Working with an experienced Florida wrongful death attorney can help you handle these legal complexities. A skilled lawyer will carefully review all the facts to limit any fault assigned to your loved one. They will fight to maximize the compensation your family can pursue. Having knowledgeable legal support is crucial when dealing with comparative negligence in Florida wrongful death claims.
Why Choose a Florida Wrongful Death Law Firm Near You
Selecting a wrongful death law firm close to home ensures personalized attention and a deeper understanding of local laws. At CH Smith Law Firm, we provide hands-on support that makes a difference in your case’s outcome. Our local presence means faster communication and access to trusted experts who know the community. Benefits include:
- Access to experienced trial attorneys
- In-person meetings and real-time updates
- A network of local investigators and expert witnesses
- Bilingual legal support for diverse families
When facing such a life-altering loss, you need legal allies who are nearby, responsive, and committed to your case.
CH Smith Law Firm: Your Trusted Local Advocate
CH Smith Law Firm brings decades of experience in handling wrongful death and catastrophic personal injury cases across Florida. We pride ourselves on being compassionate legal professionals who never lose sight of what matters most, your family’s healing and justice. What sets us apart:
- Personalized legal strategies
- Honest communication
- Free, confidential consultations
- Support available in English and Spanish
We know how hard it is to cope with such a loss. That’s why our legal team is here to take on the burden of your claim so you can focus on healing.
Secure Your Rights with C.H. Smith Law Firm Today
Dealing with the loss of a loved one due to negligence is emotionally devastating. You deserve compassionate and capable legal support to help navigate this journey. At C.H. Smith Law Firm, our experienced wrongful death attorneys offer exactly that.
From our offices in Plantation and Tampa, we’re ready to assist you with care and professionalism. Our team will walk you through every legal step, offering clarity, transparency, and unwavering advocacy.
Initial consultations are always free and confidential. Let us help you pursue the justice and compensation your family may be entitled to. Call, email, or visit us today.
Plantation Location
7805 S.W. 6th Court
Plantation, FL 33324
Phone: +1 (954) 228-9334
Tampa Location
201 E. Kennedy Blvd, Suite 600
Tampa, FL 33602
Phone: +1 (813) 322-5335
Email Us: info@chsmithlaw.com
Your path to justice starts here. Contact CH Smith Law Firm and take the first step toward closure and compensation today.
