Losing someone you love because of another person's carelessness is a kind of pain that no settlement can undo. If you are reading this in the middle of that grief, we are deeply sorry for your loss. A wrongful death lawyer cannot bring your loved one back — but can carry the legal burden for you, hold the responsible party accountable, and pursue the financial security your family is left needing.
At De La Rosa Law, we represent families who have lost a parent, a spouse, a child, or another loved one because of someone else's negligence. This page explains what a wrongful death claim is, who is allowed to file one, what compensation may be available, and the deadlines that can quietly affect a case. It is general information, not legal advice about your situation — the clearest way to understand your family's options is to speak with an attorney. Your consultation is free and confidential, and there is no pressure of any kind. Se Habla Español.
You do not have to decide anything today. Many families simply want to understand whether they have a claim and what the process involves before they take any step. A short, confidential conversation can answer those questions — and it costs nothing.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies as a result of another party's negligence or wrongful act. In plain terms, it is the type of personal injury claim the deceased person could have brought themselves had they survived — now pursued by their family or estate. Its purpose is not punishment; it is to compensate the people left behind for the very real losses that follow a preventable death.
A wrongful death claim is separate from any criminal case. A criminal prosecution is brought by the government and is meant to punish wrongdoing, and it does not put money in a grieving family's hands. A civil wrongful death claim, by contrast, is brought by the family or the estate and seeks compensation. The two can proceed independently, and the outcome of one does not necessarily decide the other.
Common Causes of Wrongful Death
A wrongful death can arise almost any time a preventable act of negligence takes a life. The circumstances we see most often include:
- Car, truck, and motorcycle crashes, including collisions caused by distracted, speeding, or impaired drivers.
- Commercial and large-truck accidents, which often involve serious force and additional responsible parties.
- Pedestrian and bicycle accidents.
- Workplace accidents, including construction and industrial incidents.
- Defective products, dangerous drugs, or unsafe medical devices.
- Unsafe premises, such as fatal falls, inadequate security, or drownings.
- Medical negligence, including fatal misdiagnosis, surgical errors, and other medical mistakes.
If your loved one died at work, or in an incident connected to a defective product or drug, more than one type of claim may apply. We also handle workers' compensation and mass tort matters, and we can help you understand how those areas may overlap with a wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
One of the first questions grieving families ask is whether they are even allowed to bring a claim. The answer depends on the law of the state where the death occurred, and the rules are not the same everywhere. In many states, a personal representative of the deceased person's estate files the claim on behalf of the surviving family members.
The family members who may be entitled to recover often include:
- A surviving spouse.
- Children of the person who died, including in some cases adult children.
- Parents of the person who died.
- In some states, other dependents or close relatives who relied on the deceased.
Florida note: Who is eligible to file, who is considered a survivor, and how any recovery is divided among family members are governed by Florida's Wrongful Death Act (Fla. Stat. §§ 768.16–26). Do not assume you are or are not eligible based on this general description. Let an attorney confirm the rules that apply to your family. (As of June 2026.)
Wrongful Death vs. Survival Action
Many states recognize two related but distinct claims after a death, and it helps to understand the difference:
- A wrongful death claim compensates the surviving family members for their own losses — for example, lost financial support, lost companionship, and the grief of losing a loved one.
- A survival action is brought on behalf of the deceased person's estate for the claims the person could have pursued had they lived. This can include the person's own pain and suffering before death and the medical expenses incurred between the injury and death.
In Florida, a wrongful death claim and a survival-type claim are both channeled through the estate's personal representative under the Wrongful Death Act, and how they fit together depends on the facts. We can explain whether both apply in your situation. (As of June 2026.)
What Compensation May Be Available
Compensation in a wrongful death case — often called damages — is meant to ease the financial and personal losses a family suffers, as far as the law allows. No amount of money can replace a person, and no attorney can promise a particular result. The categories below describe the kinds of losses that may be recoverable, depending on the facts and the law that applies.
- Funeral and burial expenses.
- Medical expenses related to the final injury or illness before death.
- Lost financial support, including the income and benefits the deceased would reasonably have provided to the family.
- Loss of services, such as the household contributions and care the person provided.
- Loss of companionship, guidance, and consortium — the loss of the relationship itself, including a spouse's companionship and a parent's guidance to a child.
- The family's mental and emotional pain and suffering, where the law allows it.
- The deceased person's own pain and suffering before death, typically through a survival action where available.
A note on numbers: please be cautious of anyone who promises a specific dollar figure before reviewing the facts. The value of a claim depends on the circumstances of the death, the financial and personal losses involved, the available insurance, and the governing law. We will give you an honest assessment rather than an inflated promise. The categories of recoverable damages are set by Florida's Wrongful Death Act (Fla. Stat. §§ 768.16–26). (As of June 2026.)
Proving a Wrongful Death Claim
Like other injury claims, most wrongful death cases turn on negligence — the idea that people and companies must use reasonable care, and are responsible when they fail to and that failure causes harm. To recover, the family generally has to show that the responsible party owed a duty of care, breached that duty, and that the breach caused the death and resulting losses.
Building that proof can be demanding, and it often relies on a combination of accident or incident reports, photographs, physical evidence, witness statements, records, and — where appropriate — testimony from qualified experts who can explain how the death could have been prevented. This is one of the main reasons to speak with an attorney sooner rather than later: critical evidence can disappear, and witnesses become harder to find as time passes. If a vehicle crash was involved, our car accident lawyer page explains how fault is established in those cases.
How a Wrongful Death Lawyer Helps Your Family
In the aftermath of a sudden loss, dealing with insurers, paperwork, and legal deadlines can feel impossible — and you should not have to. The role of a wrongful death attorney is to lift that weight off your shoulders so your family can grieve. An experienced lawyer can:
- Investigate what happened and identify every party who may be responsible.
- Preserve and gather evidence before it is lost, including reports, records, and witness accounts.
- Handle the insurance companies, so your family is not negotiating with adjusters during the worst time of your life.
- Document the full scope of your family's losses, both financial and personal.
- Manage the legal process, including the appointment of a personal representative and the court filings, so deadlines are met.
- Pursue a fair settlement — and be prepared to take the case to trial if the responsible party will not deal fairly.
Throughout, our job is to keep you informed and to explain each step in plain language, in English or Spanish, so you are never left wondering what is happening with your family's case.
How Wrongful Death Lawyer Fees Work
Families are often worried about how they could possibly afford a lawyer after a loss that may have already taken away a source of income. Our wrongful death cases are handled on a contingency fee basis. That means the attorney fee is a percentage of the compensation recovered, and there is no attorney fee unless there is a recovery for your family. The specific percentage, how case costs are handled, and what happens if there is no recovery are all spelled out in a written fee agreement before any work begins.
The initial consultation is always free, so cost should never stop you from asking about your family's legal rights.
How Long Do You Have to File? Statute of Limitations
Every state sets a legal deadline for filing a wrongful death lawsuit, known as the statute of limitations. The amount of time depends on the state and the type of claim. Claims that involve a government entity — for example, a death involving a public vehicle or public property — often carry far shorter notice deadlines that can be measured in months. If a deadline passes, the family can permanently lose the right to recover, no matter how strong the case is.
Florida note: In Florida, a wrongful death lawsuit generally must be filed within two years of the date of death (Fla. Stat. § 95.11(4)(c)), and special rules and a separate notice requirement can apply to claims against government entities (Fla. Stat. § 768.28). Confirm the current deadline that applies to your family; do not rely on this paragraph as legal advice for your specific situation. (As of June 2026.)
Because these deadlines vary and the exceptions can be technical, the safest course is to speak with an attorney as soon as you are able. Acting sooner also helps preserve evidence while it still exists. We will confirm the specific deadlines that apply to your case during your consultation.
Why Families Work With De La Rosa Law
Choosing a law firm after losing a loved one is a deeply personal decision, and you deserve a team that treats your family — and your loved one's memory — with respect. Here is what guides how we work.
- Compassion first. You are a grieving family, not a file number. We move at a pace you are comfortable with and keep you informed at every stage.
- Clear, honest communication. We explain the process in plain language, set realistic expectations, and answer your questions — in English or Spanish.
- Bilingual service. Our team proudly serves Spanish-speaking families. Se Habla Español.
- No fee unless we recover for you. Our cases are handled on a contingency basis, so there is no attorney fee unless we recover compensation for you.
- Prepared for every outcome. We build cases thoroughly from the start, whether they resolve through negotiation or require taking the matter to court.
To learn more about how we help people harmed by negligence, visit our personal injury lawyer page. If your loss involved a crash, our car accident lawyer page may also be helpful, and our guide on what to do after a car accident covers the practical steps that protect a claim.
Frequently Asked Questions
What is a wrongful death claim?
A wrongful death claim is a civil case brought when someone dies because of another party's negligence or wrongful act. It allows certain surviving family members or the deceased person's estate to seek compensation for losses such as funeral and burial costs, lost financial support, and the loss of companionship. It is separate from any criminal case, which is brought by the government and aims to punish, not to compensate the family.
Who can file a wrongful death lawsuit?
In Florida, the personal representative of the estate files the wrongful death claim on behalf of the surviving family members, who often include a spouse, children, and parents (Fla. Stat. §§ 768.20–21). Exactly who is eligible and how any recovery is shared depends on the facts — we can explain who has the right to file under the law that applies to your family. (As of June 2026.)
How long do I have to file a wrongful death claim?
In Florida, a wrongful death lawsuit generally must be filed within two years of the date of death (Fla. Stat. § 95.11(4)(c)), and claims against a government entity have a separate notice requirement (Fla. Stat. § 768.28). Missing a deadline can permanently bar the case, so it is important to speak with an attorney promptly — we will confirm the deadlines that apply to your specific situation. (As of June 2026.)
How much does a wrongful death lawyer cost?
The initial consultation is free. Our wrongful death cases are handled on a contingency fee, which means the attorney fee is a percentage of any recovery and there is no attorney fee unless money is recovered for the family. The percentage, how case costs are handled, and what happens if there is no recovery are explained in a written agreement before any work begins.
What is the difference between a wrongful death and a survival action?
A wrongful death claim generally compensates surviving family members for their own losses, such as lost support and companionship. A survival action is brought on behalf of the deceased person's estate for the claims the person could have pursued had they lived. Florida's Wrongful Death Act (Fla. Stat. §§ 768.16–26) channels most of these claims through the estate's personal representative. (As of June 2026.)
Can I still bring a claim if there is a criminal case?
Often, yes. A wrongful death claim is a separate civil matter from any criminal prosecution, and the two can proceed independently. A criminal case is brought by the government and may result in punishment, while a civil wrongful death claim seeks compensation for the family. The outcome of one does not necessarily decide the other. We can explain how a criminal case may affect your civil claim.
Talk to a Wrongful Death Lawyer — Free, Confidential, Se Habla Español
If your family has lost someone because of another person's negligence, you do not have to face the legal questions alone. The team at De La Rosa Law will listen with compassion, explain your options in plain language, and tell you honestly whether your family may have a claim. The consultation is free and confidential, there is no obligation, and we serve families in English and Spanish.
Call us at (305) 787-3175 or request a free, confidential case evaluation using the form below.
Every case is reviewed by our legal team. No cost, no obligation. Se Habla Español.
