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Wrongful Death

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A sudden, preventable death caused by someone else’s negligence is one of the most devastating tragedies a family can face. Beyond the unbearable grief, you may also be left with financial uncertainty and countless unanswered questions. Led by trial attorney Tavis Souder, we aggressively pursue compensation and hold negligent parties responsible. Your loved one deserves dignity, and your family deserves nothing less than the full justice you are owed.

What is wrongful death?

Every year, thousands of Florida families suffer the devastating loss of a loved one due to negligence or misconduct. In 2022 alone, unintentional injuries caused more than 17,000 deaths statewide, with thousands tied to car crashes, medical malpractice, workplace accidents, and dangerous property conditions. These losses not only shatter families emotionally but also create immediate financial hardship that can threaten their future stability.

Under the Florida Wrongful Death Act (Florida Statutes § 768.16-768.26), a wrongful death occurs when a person dies because of another party’s negligence, recklessness, or intentional misconduct. In Florida, the claim must be filed by the personal representative of the deceased’s estate, acting on behalf of both the estate and surviving family members. To succeed, the case generally must prove:

  • The defendant owed the deceased a legal obligation to act safely
  • That duty was violated through negligence, recklessness, or wrongful conduct
  • The breach directly caused the victim’s death
  • Survivors suffered measurable financial and emotional losses as a result

Common causes of wrongful death:

  • Car accidents, including distracted driving, speeding, and impaired driving
  • Truck accidents, including collisions involving commercial vehicles and 18-wheelers
  • Motorcycle, bicycle, and pedestrian accidents caused by careless drivers
  • Medical malpractice, including surgical errors, misdiagnosis, and negligent hospital care
  • Workplace accidents, including construction site incidents and unsafe working conditions
  • Defective products, including dangerous consumer goods or faulty medical devices
  • Premises liability accidents, such as unsafe property conditions and slip and falls
  • Criminal acts, such as intentional violence, assault, or reckless behavior

How we handle your wrongful death claim

At Souder Law, we demand accountability for the life that was taken. From the moment you contact us, we take action by investigating the circumstances of the death, gathering critical evidence such as accident reports, medical records, and witness statements. We also work closely with accident reconstruction specialists, medical experts, and economists to calculate the full extent of your family’s losses, including future income and benefits.

We then build a powerful case that identifies every liable party, whether it’s a negligent driver, a careless corporation, or a medical provider. Throughout the process, we aggressively negotiate with insurance companies while preparing for trial from day one. Our goal is to shield you from unnecessary stress while pursuing the maximum compensation your family deserves.

Damages available in wrongful death

When pursuing a wrongful death claim, one of the most critical steps is identifying all liable parties. In many cases, more than one individual, company, or entity may share responsibility for a tragic loss. By holding each accountable, we ensure that your family has access to the full measure of compensation allowed under Florida law. This comprehensive approach is essential to protecting your financial future and honoring the memory of your loved one.

Once liability is established, families may be entitled to recover several forms of compensation:

  • Lost income and future earnings
  • Lost benefits and retirement contributions
  • Medical expenses prior to death
  • Funeral and burial costs
  • Loss of companionship, guidance, and protection
  • Mental pain and suffering of survivors
  • Loss of parental support and instruction
  • Loss of inheritance and estate accumulations
  • Punitive damages in cases of gross negligence or misconduct

What is the statute of limitations for wrongful death in Florida?

Florida law requires most wrongful death claims to be filed within two years of the date of death. Missing this deadline can permanently bar your right to recover compensation. In certain cases, such as claims involving government entities, the timelines may be even shorter, making it crucial to speak with an attorney as soon as possible.

Find out what your case is worth (at no cost)

Souder Law is a compassionate, aggressive personal injury firm based in Jupiter and Palm Beach County, and we serve all of South Florida and the Treasure Coast. We know that after a wrongful death, your family deserves justice and full accountability. That’s why we work on a contingency fee basis; you pay nothing unless we win for you. It costs absolutely nothing to explore your legal options. Contact us today for a free case review and find out what your wrongful death claim may be worth.

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