Schrier Law Group logo
Our Law Firm is
Celebrating 36 Years!
Spain Flag
Espanol
Russia Flag
Russian
Creole Flag
Creole
Call Us For A Free Evaluation

How to Prove Wrongful Death in Florida

by

Family grieving after a wrongful death occurred in Florida

As the name suggests, proving a wrongful death claim requires the deceased’s personal representative to prove the death was caused by a wrongful act. That can include negligence, default, breach of contract, or a breach of warranty. Further, the claim must prove the deceased individual would have been entitled to personal injury awards if they survived the incident. 

With that in mind, proving a wrongful death claim isn’t always easy. It requires a proven Florida wrongful death attorney’s knowledge, experience, and savvy in many cases. At Schrier Law Group, our attorneys have more than four decades of experience successfully recovering damages for personal injury and wrongful death claims. 

We’re confident that we can help you and your family obtain the best possible outcome in your case. If you’ve recently lost a loved one due to the wrongful acts of a person or entity, your family deserves maximum compensation for their death. 

Contact us today to schedule your free initial consultation with a wrongful death lawyer in Florida you can trust. Continue reading to learn how to prove wrongful death in Florida. 

What You Need to Prove in a Wrongful Death Claim 

Generally, wrongful death claimants must prove three elements; duty of care, a breached duty of care, and causation of death. If these three elements can’t be proven, it’s unlikely that you will win a wrongful death case. Learn more about each below. 

Duty of Care

Like personal injury cases, the deceased’s estate must prove the defendant owed them a duty of care. A duty of care can be defined as a legal obligation requiring individuals and entities to provide reasonable care to avoid injuring others. Examples of parties that owe others a duty of care include: 

  • Motor vehicle drivers 
  • Product manufacturers
  • Healthcare providers
  • Business owners 

If the defendant’s actions are contrary to the duty of care, it can be considered negligence. Death resulting from their negligence can be the basis for wrongful death claims. 

A Breached Duty of Care

In addition to proving the defendant owed the deceased a duty of care, the plaintiff must also prove they breached that duty. For example, if a loved one was killed in a car accident, the plaintiff must prove that the death was caused by recklessness, speeding, distracted driving, inattention, etc. That duty of care extends to many other areas like healthcare, product manufacture, law enforcement, business owners, and much more. 

The Cause of Death 

In addition to the section above, your Florida wrongful death attorney must prove the defendant’s negligent actions (or inaction) were a direct cause of the deceased person’s death. 

Proving a breached duty of care often requires the knowledge and experience of a proven wrongful death attorney. Your attorney can investigate the facts of your case, identify critical witnesses, enlist the services of expert witnesses, and much more. 

What is The Statute of Limitations For Wrongful Death Claims in Florida? 

Generally, the deceased’s family must file a Florida wrongful death claim within two years of the date of death. However, there are exceptions. For example: 

  • Medical Malpractice – wrongful death cases must be filed within two years from the time of the incident that caused the death or within two years from when the wrongful action was discovered. 
  • Murder Cases – Since murder and homicide investigations can sometimes take years or months to conclude, the clock on wrongful death statute of limitations for these cases doesn’t start until law enforcement and prosecutors identify the responsible party. 
  • Government Agencies – Suppose a government agency or entity is to blame for your loved one’s death. In that case, the statute of limitations is extended to four years. That’s because wrongful death claims against government entities are a much more complicated process, typically requiring more time. 

If you don’t file a wrongful death claim within the Florida statute of limitations, you may lose your right to pursue damages. 

With that in mind, you must file your wrongful death claim on time and correctly to ensure the best possible outcome. Contact the best wrongful death attorneys in Florida at The Schrier Law Group to discuss the merits of your case today. 

Contact The Schrier Law Group Today

Pursuing a wrongful death claim without a competent attorney is not recommended. It’s challenging to handle the loss of a loved one and attempt to understand Florida’s complicated wrongful death laws simultaneously. 

The wrongful death lawyers at Schrier Law Group are here to help you navigate the legal process while you grieve. Contact us today for your free initial consultation with an attorney you can trust. 

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

---

My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello

---

The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez

---

The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford

---

Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

---

I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos

---

The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

---

Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski

---

I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler

---

I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson

---

Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran

---

Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz

---

This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez

---

Best attorney in South Florida

Fefe Alex

---

Was a wonderful experience getting through a tough process!

Edward Pawley

---

Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez

---

Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli

---

Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

---

The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis

---

Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

---

Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez

---

Schrier Law Group is the best.

Chatrice Telfort

---

Great job! I loved working with Paul.

Paige