Fort Lauderdale Wrongful Death Lawyer

Your Trusted Fort Lauderdale Wrongful Death Attorneys

Losing a beloved family member is an emotionally devastating experience, especially when their death is the result of someone else’s negligence. If you suspect you lost a loved one due to someone else’s negligent actions, we want to help you understand your legal options. On this page, we’ll guide you through the process of navigating wrongful death claims in Fort Lauderdale, Florida. The experienced attorneys at Flanagan & Bodenheimer understand the emotional toll these situations take on families and are committed to providing compassionate legal support. 

If you’re in need of a Fort Lauderdale wrongful death lawyer, take the first step towards justice by reaching out to Flanagan & Bodenheimer for a free consultation. Call us 24/7 at 305-638-4143 or complete our online form to get started.

Table of Contents

What is a Wrongful Death Claim?

A wrongful death claim in Florida is a legal action brought by the surviving family members or the estate of an individual whose death was caused by the negligence, recklessness, or intentional misconduct of another party. These claims seek to hold the responsible parties accountable for their actions and provide compensation to the surviving family members for the financial and emotional losses incurred due to the untimely death.  All of these claims are brought under the Florida Wrongful Death Act.

Who Qualifies to File a Wrongful Death Claim in Florida?

Under Florida Statute 768.20, only the personal representative of the deceased person’s estate may file a wrongful death claim on behalf of the surviving family members. Survivors that may be entitled to compensation typically include:

  • The surviving spouse
  • Children, including biological, adopted, and dependent stepchildren
  • Parents of a deceased minor child
  • Blood relatives or adoptive siblings who are partly or wholly dependent on the deceased for support or services

However, Courts have permitted family members to file wrongful death lawsuits if that family member becomes appointed personal representative by a court after filing the lawsuit.  

How Long Do I Have To File a Wrongful Death Claim in Fort Lauderdale?

Typically, individuals seeking to file a wrongful death lawsuit in Fort Lauderdale must file a lawsuit against the responsible parties within two years from the date of the wrongful death incident. This timeframe, known as the statute of limitations, serves as a critical deadline for bringing legal action.

While the two-year limit is a general rule, there are specific exceptions that may extend or modify this deadline. Due to the intricacies involved, especially in cases involving medical malpractice, accurately determining when the statute of limitations expires can be complex.

If you have questions about the statute of limitations on a potential wrongful death case, contact our experienced attorneys to discuss the details of your case and see if you may still be able to file a claim. 

Steps to Take in a Wrongful Death Claim

  • Contact an Attorney: Discuss the details of your case with a Fort Lauderdale wrongful death attorney who can assess your situation and guide you on the next steps. Reach out to Flanagan & Bodenheimer Injury and Wrongful Death Law Firm for a free case review. Our compassionate approach ensures that you can focus on healing while we handle the legal complexities.
  • Investigation and Evidence Gathering: Our legal team will conduct a thorough investigation to gather evidence supporting your wrongful death claim. This may include witness statements, expert opinions, and relevant documentation.
  • Negotiation or Litigation: Based on the evidence, our accident attorneys will pursue negotiations with the responsible party or their insurance company. If a fair settlement cannot be reached, they will be prepared to litigate your case in court.

Common Wrongful Death Accidents in Fort Lauderdale, FL

  • Fatal Car Accidents: Car accidents are unfortunately common in Fort Lauderdale and can lead to fatal consequences. Whether it’s due to reckless driving, impaired driving, or other forms of negligence, our legal team is experienced in handling wrongful death claims arising from fatal car accidents. 
  • Fatal Truck Accidents: The sheer size and weight of trucks can result in catastrophic outcomes in the event of an accident. Wrongful death claims stemming from fatal truck accidents often involve complex issues, such as determining liability among multiple parties. Flanagan & Bodenheimer has the expertise to navigate these complexities and provide comprehensive legal support.
  • Fatal Motorcycle Accidents: Motorcycle accidents are inherently riskier due to the lack of protection. When these accidents lead to the loss of a loved one, the emotional and financial toll can be overwhelming. Our motorcycle accident injury lawyers are well-versed in handling claims related to fatal motorcycle accidents, ensuring that families receive the compensation they deserve.
  • Fatal Pedestrian Accidents: Pedestrians are vulnerable on the road, and accidents involving pedestrians can result in fatal consequences. Whether it’s a negligent driver, poorly designed crosswalk, or lack of traffic signals, our legal team is dedicated to advocating for families who have lost a loved one in a fatal pedestrian accident.
  • Medical Malpractice: Wrongful death claims can also arise from medical malpractice, including instances where negligence by healthcare professionals leads to a patient’s untimely death. This can include surgical errors, prescription medication errors, and other causes. Flanagan & Bodenheimer is committed to investigating these cases thoroughly, holding medical practitioners accountable for their actions, and seeking justice on behalf of grieving families.
  • Product Liability: In some cases, a defective product may contribute to a fatal incident. Whether it’s a faulty automobile part, unsafe consumer product, or defective medical device, our legal team has the knowledge and resources to pursue wrongful death claims based on product liability.
  • Fatal Drowning Accidents: Tragically, fatal drowning accidents can occur in various settings, including swimming pools, beaches, or even retention ponds. Flanagan & Bodenheimer is experienced in handling wrongful death claims related to drownings, investigating the circumstances and holding responsible parties accountable for negligence, lack of supervision, or inadequate safety measures.
  • Fatal Birth Injuries: The joyous occasion of childbirth can turn tragic when medical negligence results in fatal birth injuries. Our Fort Lauderdale wrongful death attorneys understand the complexities of these cases, including issues related to obstetric care, medical errors, and birth complications. We advocate for families who have lost a newborn or a mother due to preventable birth injuries.
  • Construction Accidents: Fatal accidents at construction sites can occur due to unsafe working conditions, inadequate training, or equipment malfunctions. Flanagan & Bodenheimer is experienced in representing families who have lost a loved one in a fatal construction accident. 
  • Premises Liability: Fatal accidents on someone else’s property can occur due to hazardous conditions, inadequate security, or negligent maintenance. Flanagan & Bodenheimer handles wrongful death claims arising from premises liability incidents, holding property owners accountable for maintaining safe environments and seeking compensation for the loss suffered by grieving families.

Frequently Asked Questions

What Damages Can You Recover in a Wrongful Death Claim?

Understanding the types of compensation available in wrongful death claims is essential for families seeking justice and financial support.

Economic Damages

Economic damages are tangible losses with a direct financial impact on the survivors. In Fort Lauderdale, economic damages in a wrongful death case may include:

  • Medical and Funeral Expenses: Survivors can seek compensation for the costs associated with medical treatment before the person’s death, as well as funeral and burial expenses.
  • Loss of Financial Support: Families may be entitled to compensation for the loss of financial support, including income, benefits, and any financial contributions the deceased would have made.
  • Loss of Prospective Net Accumulations: This encompasses the estimated financial contributions the deceased would have made to the survivors over their expected working life.

Non-Economic Damages

Non-economic damages are more challenging to quantify as they represent intangible losses. In Fort Lauderdale, non-economic damages in wrongful death cases may include:

  • Pain and Suffering: Compensation may be awarded for the emotional pain and suffering endured by the deceased before their death.
  • Loss of Companionship: Survivors can seek damages for the loss of companionship, guidance, and protection provided by the deceased.
  • Mental Anguish: Damages may be awarded to survivors for the emotional distress and mental anguish resulting from the loss of their loved one.
  • Loss of Consortium: This pertains to the loss of the deceased person’s love, affection, and companionship, primarily applicable to spouses.

How Much is My Fort Lauderdale Wrongful Death Case Worth?

Determining the value of a wrongful death case is very complex. A skilled injury lawyer may be able to provide an expected range depending on the circumstances surrounding your case. The following factors can influence the value of a wrongful death claim in Fort Lauderdale:

  • Economic Damages: The tangible financial losses suffered by the surviving family, including medical and funeral expenses, lost income, benefits, and other financial contributions, play a significant role in determining the case’s value.
  • Non-Economic Damages: Intangible losses such as pain and suffering, loss of companionship, emotional distress, and mental anguish contribute to the overall value of the case. Evaluating these non-economic damages can be challenging, but they are vital components of the compensation sought.
  • Circumstances of the Incident: The nature and circumstances surrounding the wrongful death incident, such as the degree of negligence involved, can impact the case’s value. For example, cases involving gross negligence or intentional misconduct may result in higher compensation.
  • Life Expectancy and Contributions: The age, health, and life expectancy of the deceased can influence the potential contributions they would have made to their family over their expected working life. This includes both financial and non-financial contributions.
  • Liability and Legal Fault: Establishing liability and determining the degree of legal fault on the part of the responsible party is crucial. Cases where negligence is clear and liability is easily established may result in more favorable compensation.
  • Punitive Damages: In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the wrongdoer. While not common, punitive damages can significantly impact the overall value of the case.

Is An Autopsy Necessary For a Wrongful Death Case?

In some instances, an autopsy can be critical to establishing the cause of death and proving liability in a wrongful death case. For example, in medical malpractice cases, where the cause of death may be unclear or disputed, an autopsy can provide essential insights into the medical conditions or treatments that contributed to the loss of life.

Similarly, in cases involving drug overdoses or prescription drug toxicity, an autopsy and toxicology report can be invaluable in determining the precise cause of death and holding responsible parties accountable.

In situations such as car accidents, truck accidents, or premises liability accidents where the cause of death is apparent and not related to intoxication, an autopsy may be unnecessary. In these cases, other forms of evidence, such as accident reconstruction reports and witness testimony, may suffice to establish liability.

In Fort Lauderdale wrongful death cases, autopsies are typically performed by the Broward County Medical Examiner’s Office. Families can obtain copies of the autopsy report by contacting the medical examiner’s office and submitting a formal request. However, if the government has not conducted an autopsy, families have the option to seek a private autopsy conducted by a pathologist. An experienced wrongful death attorney can help you determine whether an autopsy is necessary for your case and assist you in obtaining the relevant documentation and evidence needed to pursue legal action.

If you’ve lost a loved one due to negligence, contact us at 305-638-4143 or complete our online form for a free consultation. Our experienced legal team can assess the specifics of your case, considering various factors, and guide you through the legal process with compassion and diligence.

Why Choose Flanagan & Bodenheimer Injury and Wrongful Death Law Firm

Here’s why you can trust Flanagan & Bodenheimer with your wrongful death case in Fort Lauderdale:

Exclusive Focus on Personal Injury and Wrongful Death Cases

Flanagan & Bodenheimer concentrates exclusively on personal injury and wrongful death cases. This focused approach gives us a unique advantage when negotiating claims, ensuring that our legal team is well-versed in the intricacies of Fort Lauderdale wrongful death cases.

Small Caseload

We intentionally limit the number of cases we handle to provide individualized attention to each client. Choosing Flanagan & Bodenheimer means you’ll have direct access to your dedicated wrongful death attorney when necessary, allowing for prompt and personalized responses to your questions and concerns.

Versatility in Personal Injury Law

Our accomplished team of lawyers is well-versed in all aspects of personal injury law, including motor vehicle accidents, medical malpractice, product liability, and workplace incidents. This versatility allows us to advocate effectively for your family’s rights, regardless of the circumstances surrounding the wrongful death.

No Upfront Costs

When we represent you in a wrongful death case, there are no upfront costs. Flanagan & Bodenheimer covers all the expenses associated with the case, and we only recover fees if we achieve a successful outcome for your family. This commitment reflects our confidence in our ability to deliver results for our clients.

Flanagan & Bodenheimer Wrongful Death Case Results

Through our dedicated efforts, we’ve attained millions of dollars in verdicts and settlements, empowering our clients with financial stability for their family. Here are a some examples of wrongful death cases our firm has resolved:

  • $4.2 Million Settlement – A single man in his thirties tragically lost his life in a shooting incident at an apartment complex. His unmarried parents were his only survivors.
  • $3 Million Settlement – A single man in his thirties tragically died in a shooting incident at an apartment complex.
  • $2.75 Million Settlement – Medical malpractice wrongful death. The survivors were the patient’s children.
  • $2.6 Million Settlement – Representing the parents of a young man killed in a car crash, our lawyers pursued claims for negligence and product liability against both a negligent driver and a product manufacturer. After years of litigation, this matter was confidentially resolved with a settlement of $2.6 million.
  • $2.5M Settlement – It was alleged that a hospital failed to respond to a patient’s medical emergency, resulting in the death of the patient.  The survivors were the patient’s children.
  • $1.25 Million Settlement (12.5x the insurance policy limits) – Young man driving a motorcycle was killed by a driver of an SUV who made a left-hand turn.  The evidence revealed that the motorcycle operator was speeding and under the influence of marijuana at the time of the crash.  The insurance carrier for the SUV failed to provide its insurance policy limits of $100,000.00 in a reasonable amount of time.  During the litigation of the underlying case, the insurance carrier agreed to settle for $1.150 million more than the available insurance coverage.
  • $1M Settlement (insurance policy limits) – Man drowned in ocean while participating in in-patient drug and alcohol rehabilitation activity at the beach, leaving his wife as his only survivor. 
  • $1M Settlement (insurance policy limits) – Wrongful Death Settlement for the family of a man who overdosed after being wrongly discharged from a drug and alcohol transition facility.  The survivors were the parents of the man who overdosed.

Free Consultation With a Fort Lauderdale Wrongful Death Lawyer

Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm stands as a trusted ally for families navigating the complexities of wrongful death cases in Fort Lauderdale. Our exclusive focus, individualized attention, versatility in personal injury law, and commitment to client success make us the right choice for securing the compensation your family deserves.

We are committed to providing exceptional legal representation to accident victims throughout South Florida, including Miami, Coral Gables, Homestead, Kendall, Hollywood, Fort Lauderdale, North Miami Beach, Aventura, Miami Gardens, Sunny Isles, Boca Raton, and West Palm Beach.

If you’ve lost a loved one due to negligence, contact us at 305-638-4143 or complete our online form for a free consultation in English or Spanish. Let our dedicated legal team guide you through the process with compassion, expertise, and unwavering commitment.

This page was reviewed by

Michael T. Flanagan, Esq.

Michael T. Flanagan, Esq., is a dedicated civil litigator with over a decade of experience representing victims of negligence and corporate misconduct. He gained national recognition at 29 for securing a multi-million-dollar settlement against a major corporation, making him one of the youngest attorneys to achieve such a result. Known for handling difficult cases, he has repeatedly won multi-million-dollar verdicts and settlements in cases other firms had turned down. He co-founded Flanagan & Bodenheimer to offer personalized, high-quality legal representation to those in need.

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