Understanding the Florida Wrongful Death Statute

The sudden loss of a loved one from another’s carelessness can leave family members wondering how to find justice. A Florida wrongful death claim might be the answer. Under the Florida wrongful death act, the estate of the victim is granted the legal authority to initiate a lawsuit on behalf of the surviving family members. The personal representative has the ability to pursue a case against an individual whose actions, such as a wrongful act, negligence, default, breach of contract, or breach of warranty, resulted in the untimely death of the victim.

If you have lost a loved one, and you’d like to discuss your case with an experienced wrongful death attorney, we are ready to listen.

Call us to talk to an experienced Florida wrongful death attorney near you at one of our local offices listed below, or complete the short form to speak with an attorney from Abrahamson & Uiterwyk.

What is a Florida Wrongful Death Claim?

A wrongful death claim is a legal action brought by the survivors of a person killed by the negligent, intentional, or reckless behavior of another person.

Money cannot bring a loved one back. However, the Florida wrongful death act can hold the defendant accountable and offer some comfort to grieving family members.

Deciding to file a wrongful death claim after the death of a loved one is a deeply personal choice. When you are ready to talk with a wrongful death attorney, our legal team at Abrahamson & Uiterwyk is here to help you pursue justice.

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florida wrongful death statute

Wrongful Death Case Settlement Examples

Wrongful death settlements vary based on the details of each case, as every situation is unique. It’s important to discuss your potential wrongful death claim with a wrongful death attorney as soon as you can. Here are a few wrongful death case settlement examples.

$5,050,000 / Motorcycle Accident / Wrongful Death / Hillsborough County, FL
Plaintiff was riding on a motorcycle when he was struck by Defendant. As a result of the impact Plaintiff was ejected and killed instantly.

$5 million / Motorcycle Accident / Wrongful Death / Pasco County
A 34-year-old male who was riding his motorcycle when a tractor-trailer turned left into his right of way. The collision caused his death. He was survived by his wife and two minor children. Case was settled for the policy limits of all available insurance.

$3,500,000 / Maritime / Wrongful Death in Hillsborough County

$1,500,000 (Jury Verdict) / Wrongful Death / Lee County
32-year old male was in a cherry picker at work controlled by another worker when the cherry picker hit a power line. Plaintiff was electrocuted.

$1,100,000 / Motor Vehicle Accident / Wrongful Death / Hernando County
Our client was northbound on Commercial Way near the intersection of Kelso Road. The defendant was headed westbound on Kelso Road, but failed to stop for the stop sign at the intersection. As a result, our client’s vehicle T-boned the defendant’s vehicle causing substantial damages to both vehicles. Among other injuries, our client suffered a cardiac contusion which his treating physicians believed led to a stroke shortly after the accident. Unfortunately, due to the serious nature of his injuries, our client passed away shortly thereafter. He was survived by his wife. We were able to resolve the case for an amount in excess of $1 million dollars. Unfortunately, our recovery was limited by the amount of insurance available. Based on our efforts, however, we were able to convince them to pay every dollar of available insurance in settlement of the case.

$500,000 / Wrongful Death / Pasco County

33-year-old male killed when driving a motorcycle. The defendant attempted to make a left turn in front of the deceased’s vehicle.

$20 million (Jury Verdict) / Premises Liability / Wrongful Death / Pasco County, FL

A teenage male was killed while riding an ATV. His neighbor invited him to drive the ATV. He was permitted to operate the ATV without proper safety equipment and without adult supervision. While operating the ATV on the defendant’s property, the teenage male struck a barbwire fence and was decapitated. The defendant’s homeowner insurance failed to timely appoint an attorney to represent the defendant. Subsequent to a default judgment granted by the Court against the defendant, the attorney, who was finally appointed for the insurance company, withdrew from representation of the defendant, and we proceeded to trial. At trial, the jury found in favor of the teenage male and awarded his parents $20 million in damages. After trial, we proceeded against the insurance company in an effort to collect the judgment. Of course, the insurance company had various defenses which they vigorously asserted. Ultimately a seven figure settlement was reached which enabled our clients to receive some compensation for the tragic loss of their son.

How Hiring Our Attorneys can make a Difference in Compensation

Initial OfferFinal ResultThe AU Difference
$1,500,000$5,000,000$3,500,000
$0$5,000,000$5,000,000
$300,000$1,600,000$1,300,000
$0$1,575,000$1,575,000
$675,000$1,330,000$655,000
$0$1,260,000$1,260,000
$450,000$1,250,000$800,000
$300,000$1,074,168$774,168
$500,000$1,000,000$500,000
$80,000$938,077$858,077
$125,000$690,000$565,000
$7,500$650,000$642,500
$50,000$775,000$725,000
$58,644$525,000$466,356
$9,000$450,000$441,000
$55,000$455,000$400,000
$65,000$650,000$585,000
$55,000$500,000$445,000

Florida Injury Case Types