Ready to Help You & Your Family Inside & Outside the Courtroom
Losing a loved one due to someone else’s negligence or wrongful act is one of the most devastating experiences anyone can endure. During this incredibly difficult time, surviving family members may feel overwhelmed by grief, financial burdens, and legal questions. At Raposo & Lukacs, we are here to help. Since 2011, we have provided compassionate legal support to families seeking justice and compensation after a wrongful death in Florida.
Whether your loved one was killed in a car accident, due to medical malpractice, or from unsafe working conditions, our team stands ready to pursue accountability and recover the compensation your family deserves. We have secured millions of dollars on behalf of our clients.
If you believe that you know someone or have a family member who may have died due to negligence, call (305) 575-2177 or fill out our online contact form today.
In Florida, a wrongful death occurs when a person dies as a result of the “wrongful act, negligence, default, or breach of contract or warranty of any person,” according to Florida Statutes § 768.19.
Wrongful death lawsuits are civil cases, meaning the purpose is to secure financial compensation for the surviving family rather than criminal punishment for the wrongdoer.
Florida Wrongful Death Laws
Florida’s wrongful death laws are governed by the Florida Wrongful Death Act. Under these laws, a wrongful death claim must generally be filed by the personal representative of the deceased person’s estate on behalf of surviving family members.
The purpose of Florida wrongful death laws is to compensate surviving relatives for both economic and emotional losses caused by the death. Damages may include medical expenses, funeral costs, lost income, and loss of companionship.
In most cases, Florida law imposes a two-year statute of limitations for wrongful death claims. This means families generally have two years from the date of death to file a lawsuit. Failing to file within this timeframe could result in losing the right to pursue compensation.
However, certain exceptions may apply depending on the circumstances of the case. Speaking with a Miami wrongful death attorney as soon as possible can help preserve important evidence and protect your legal rights.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, the personal representative (also known as the executor) of the deceased person's estate must file the wrongful death lawsuit. This representative may be named in the decedent’s will or appointed by the court if there is no will.
Although the representative files the claim, it is done on behalf of the surviving family members, including:
The spouse of the deceased
Children (including adopted children and minors)
Parents of a deceased minor or adult child
Other dependents or relatives who were financially supported by the deceased
Each eligible survivor may recover different types of damages, and the court will divide the award accordingly.
What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in FL?
To win a wrongful death lawsuit in Florida, you must prove several legal elements. Our Miami wrongful death lawyers at Raposo & Lukacs have extensive experience building strong cases with the following key components:
Duty of Care – You must show that the defendant owed a duty of care to the deceased. For example, a driver has a duty to follow traffic laws and avoid harming others.
Breach of Duty – The defendant breached that duty by acting negligently, recklessly, or intentionally. This could be shown by evidence such as police reports, witness statements, or expert testimony.
Causation – There must be a direct link between the defendant’s breach of duty and the decedent’s death. The death must not have occurred but for the defendant’s actions.
Damages – The surviving family members must have suffered losses (economic and/or emotional) as a result of the death.
Our firm works closely with accident reconstruction specialists, medical experts, and forensic economists to build compelling arguments in support of these elements.
Compensation for Wrongful Death
In a Florida wrongful death case, compensation is designed to help surviving family members recover from both financial and emotional losses. Depending on the circumstances, survivors may be entitled to the following types of damages:
Economic Damages
Medical expenses related to the deceased’s final injury or illness
Funeral and burial costs
Loss of the deceased’s future income and benefits
Loss of household services the deceased would have provided
Non-Economic Damages
Pain and suffering of surviving family members
Loss of companionship, guidance, and protection
Emotional distress, especially for minor children or parents of a deceased child
Punitive Damages
In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter future harm.
At Raposo & Lukacs, we carefully calculate the full scope of damages and fight for the maximum compensation available under Florida law.
Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Florida?
Florida’s statute of limitations for wrongful death cases is two years from the date of the deceased person’s death. Missing this deadline can permanently bar your claim.
Can multiple family members sue separately?
No. Only the personal representative can file the wrongful death lawsuit, but they do so on behalf of all eligible survivors.
What if my loved one was partially at fault for the accident?
Florida follows a modified comparative negligence rule. If your loved one was less than 50% responsible, compensation may still be available, though reduced by their percentage of fault.
What is the average settlement for a wrongful death case in Florida?
Settlement amounts vary widely depending on the cause of death, age, and earnings of the deceased, and available insurance. Some cases resolve for thousands, while others may reach into the millions.
Do I need a lawyer to file a wrongful death claim?
Wrongful death cases can be complex, involving strict deadlines, insurance negotiations, and litigation. A skilled Miami wrongful death lawyer can greatly improve your chances of success.
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If you have lost a loved one due to negligence, Raposo & Lukacs is here to help you pursue justice and accountability. Our Miami wrongful death attorneys offer compassionate, client-centered service and aggressive legal advocacy. We handle every case with respect, integrity, and an unwavering commitment to the families we serve.
If you have a family member that has died due to a wrongful death situation you should contact our Miami wrongful death lawyers at (305) 575-2177 immediately for further assistance.
When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
When Everything Is on the Line, We Deliver.
High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
Powerful Representation
We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
Your Case. Your Future. Our Mission.
Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
