Wrongful Death

Understanding Wrongful Death and Negligence When a loved one’s life is taken because of someone else’s careless or reckless behavior, the pain can be overwhelming. Florida law gives surviving family members a way to seek justice through a wrongful death claim. These civil cases are designed to hold the responsible party accountable by seeking compensation for financial and emotional losses. Negligence is the foundation of most wrongful death cases. It refers to a failure to act with the level of care a reasonable person would have exercised under similar circumstances. When negligence leads to a fatal accident—such as a car crash, medical error, or unsafe property condition—the surviving family has the right to ask for recovery through Florida’s wrongful death statute. Florida’s Wrongful Death Law Under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), the personal representative of the deceased’s estate can file a lawsuit for the benefit of surviving family members. This law allows families to recover damages for medical expenses, funeral costs, lost wages, and the loss of companionship or support. The focus of these claims often comes down to whether someone…Read More

Grief does not run on a schedule, but Florida’s law does. If you are considering a Florida wrongful death claim, timing plays a crucial role in determining what is possible. The clock can run fast, and different rules apply depending on how the death happened and who may be responsible. Urgency matters because evidence deteriorates over time, and legal deadlines are strict. A Florida wrongful death lawyer with Fenstersheib Law Group, P.A. will map deadlines on day one, preserve records, and keep the case on pace so time does not undercut proof. Our team is waiting to hear from you so we can get to work on your case. How Long Do You Have to File a Florida Wrongful Death Claim? Florida’s general rule gives two years from the date of death to file a wrongful death lawsuit. That deadline sits in Florida’s limitations statute and applies to most cases. Medical-related deaths follow the same two-year outside limit, but Florida’s medical negligence statute adds discovery and repose rules. In plain terms, the filing window can hinge on when the injury became known, while a separate…Read More

When someone has died not as a result of natural causes, but due to another person’s or entity’s gross negligence or misconduct, the individual’s passing is legally considered a “wrongful death.” Numerous and different circumstances may be involved to encompass such negligence or misconduct, including medical malpractice or bad drugs; automobile, motorcycle or boating accidents; workplace accidents; product malfunction; unsafe conditions; or even outright malice. While no amount of reparations can replace the death of a loved one, you should always demand justice, holding the responsible party or parties accountable for their actions, and obtaining proper compensation for the financial and emotional loss suffered by you and your family – including medical costs, loss of future earnings, and non-monetary damages such as loss of companionship and emotional anguish. If you have lost a loved one due to wrongful death in South Florida, you should seek the help of an experienced law firm. The Wrongful Death attorneys at Fenstersheib Law Group, P.A., are ready to assist you in this difficult time of your life, with the full knowledge and expertise acquired over more than three decades of legal…Read More