When Someone You Love Dies Because of Another Person's Negligence

Losing a family member is devastating. When that loss was caused by someone else's carelessness, the grief can be compounded by anger, confusion, and a deep need for accountability — even when the idea of a lawsuit feels impossible right now.

At the Law Offices of John Ameen, we represent families throughout Broward, Palm Beach, and Miami-Dade counties who have lost loved ones due to negligence. We handle every aspect of the legal process so your family can focus on each other. You don't have to be ready to pursue a case today. You just have to make one call.

What Florida's Wrongful Death Act Allows

As a wrongful death lawyer Fort Lauderdale families have trusted, we understand that this is not a moment for pressure or urgency from us — it is a moment for clarity. Our role is to give you honest answers about your rights, explain what the law allows, and carry the legal burden from there.

What Florida's Wrongful Death Act Allows

Florida's Wrongful Death Act (Fla. Stat. § 768.16–768.26) governs who may bring a claim and who may recover compensation when someone dies as a result of another party's negligence, wrongful act, or default. Understanding the structure of this law is the first step in knowing where your family stands.

 

Under Florida law, the wrongful death claim itself must be filed by the personal representative of the deceased person's estate — typically the executor named in a will or appointed by a court. However, the compensation recovered through that claim is distributed to the eligible survivors, which may include:

 

  • The surviving spouse
  • The deceased's children (minor and adult, depending on circumstances)
  • The deceased's parents (in cases where there is no surviving spouse or dependent children)
  • Other blood relatives or adoptive siblings who were partially or wholly dependent on the deceased

 

Family situations are complicated, and the law accounts for that. If you are unsure whether your relationship qualifies or who in your family may be entitled to recover, we will evaluate your specific circumstances in the initial consultation and give you a direct answer.

Who Can File a Wrongful Death Suit in Florida

One of the most common questions grieving families ask is whether they personally have the right to file. In Florida, only the personal representative of the estate may initiate the wrongful death lawsuit — but that does not mean you are excluded from recovery. The personal representative files on behalf of the estate and all eligible survivors simultaneously.

 

If no personal representative has been appointed, or if the estate has not yet gone through probate, that does not prevent a claim from moving forward. Our attorneys work with families to address these procedural steps as part of the overall case. The legal mechanics are our responsibility — not yours.

Frequently Asked Questions About Wrongful Death Claims in Florida

Many families assume that if no criminal charges were filed — or if a criminal case ended without a conviction — their civil claim is also lost. That is not how the law works. A Broward County wrongful death claim operates under an entirely different legal standard than a criminal prosecution.

 

Criminal cases require proof beyond a reasonable doubt — the highest standard in the legal system. Civil wrongful death claims require only a preponderance of the evidence, meaning it is more likely than not that the defendant's negligence caused the death. Families have obtained wrongful death verdicts against defendants who were never criminally charged, and against defendants who were acquitted in criminal court. The civil path to accountability is yours to pursue regardless of what happened — or did not happen — in any criminal proceeding.

  • Who is eligible to recover compensation in a Florida wrongful death case?

    Compensation flows to the eligible survivors of the deceased, which may include a surviving spouse, children, and in some cases parents or dependent relatives. The specific survivors who may recover — and what they may recover — depends on the family's circumstances and the deceased's situation. We evaluate eligibility in the initial consultation at no charge.

  • How long do I have to file a wrongful death claim in Florida?

    Florida's statute of limitations for wrongful death claims is two years from the date of death. Missing this deadline will almost certainly bar your family from any recovery. If you are unsure how much time remains, contact our office as soon as possible — even a preliminary conversation can preserve your options.

  • Does a wrongful death claim require a criminal conviction?

    No. Civil wrongful death claims use a lower standard of proof than criminal cases. Families have successfully recovered wrongful death damages against defendants who were never charged criminally and against defendants who were acquitted. The two proceedings are entirely separate, and the outcome of one does not determine the outcome of the other.

  • What is the difference between a wrongful death claim and a survival action in Florida?

    A wrongful death claim compensates the survivors for their own losses — grief, lost companionship, lost financial support. A survival action is brought on behalf of the estate and covers damages the deceased person experienced before death, such as pain and suffering between the accident and the time of death. Florida law allows both to be pursued simultaneously in many cases.

  • How much is a wrongful death case worth in Florida?

    There is no fixed value — it depends on the deceased's age, income, role in the family, the nature of each survivor's relationship with them, the circumstances of the death, and the conduct of the responsible party. Wrongful death damages in Florida can include lost financial support, loss of companionship, mental pain and suffering of survivors, and medical and funeral expenses. We provide a frank assessment of your case's value after reviewing the facts.

  • What does it cost to hire a wrongful death attorney?

    We handle wrongful death cases on a contingency fee basis, meaning you pay no attorney's fees unless we recover compensation for your family. The initial consultation is free and carries no obligation. Our goal at that first meeting is simply to give your family the information you need to make an informed decision.

The Two-Year Deadline Florida Families Must Know

Florida imposes a two-year statute of limitations on wrongful death claims. That window begins on the date of death. Families who delay — often because grief makes the idea of legal action feel impossible, or because they are waiting to see if criminal charges are filed — can find themselves barred from recovery entirely.

 

This is one of the most important things we communicate to families who reach out to us: you do not have to be ready to move forward with a lawsuit today, but you do need to speak with an attorney before time runs out. An initial consultation costs you nothing and commits you to nothing. It simply preserves your options.