No legal process can undo the loss of a loved one. But when a death is caused by someone else's negligence — a reckless driver, a negligent property owner, a careless doctor — Florida law gives surviving family members the right to hold that person or company accountable and to recover compensation for their losses.

This is not just about money. It is about justice, accountability, and ensuring that the responsible party cannot simply move on as if nothing happened.

Under Florida's Wrongful Death Act (§768.16–768.26), a wrongful death claim can be filed when a person dies as a result of another party's negligence, recklessness, or intentional misconduct.

The claim is filed by the personal representative of the deceased's estate — typically a surviving spouse, parent, or adult child — on behalf of the estate and all surviving family members.

Florida's Wrongful Death Act specifies which family members can recover and for what:

Surviving spouse:

• Loss of companionship and protection
• Mental pain and suffering
• Lost financial support

Minor children (under 25):

• Loss of parental companionship, instruction, and guidance
• Mental pain and suffering
• Lost financial support

Adult children (if no surviving spouse):

• Loss of parental companionship
• Mental pain and suffering

Parents of a minor child:

• Mental pain and suffering
• Lost services of the child

Parents of an adult child (if no surviving spouse or children):

• Mental pain and suffering

The estate itself:

• Medical and funeral expenses
• Lost earnings the deceased would have earned during their expected lifetime
• Lost net accumulations (savings and investments the deceased would have accumulated)

• Car and truck accidents — high-speed collisions, drunk driving, commercial vehicle crashes
• Motorcycle accidents — riders struck by negligent drivers
• Pedestrian accidents — struck by a vehicle in a crosswalk or on a sidewalk
• Negligent security — shooting, stabbing, or assault at a property with inadequate security
• Drowning — retention ponds, pools, waterparks, cruise ships (Juan Cordero Lawyers has recovered multiple multi-million dollar verdicts in drowning cases)
• Medical malpractice — surgical errors, misdiagnosis, anesthesia errors
• Workplace accidents — falls, equipment failures, toxic exposure
• Defective products — vehicle defects, dangerous drugs, faulty equipment
• Nursing home abuse and neglect

A wrongful death claim compensates surviving family members for their own losses — grief, loss of companionship, lost financial support.

A survival claim compensates the estate for what the deceased suffered before death — medical bills, pain and suffering between the injury and death, lost wages during that period.

Both claims are typically filed together by the personal representative.

Wrongful death damages in Florida can include:

• Medical expenses from the final injury or illness
• Funeral and burial expenses
• Lost earnings the deceased would have earned
• Lost financial support to surviving family members
• Loss of companionship, guidance, and protection
• Mental pain and suffering of surviving family members
• Punitive damages in cases of gross negligence or intentional misconduct

Florida's statute of limitations for wrongful death claims is 2 years from the date of death (§95.11(4)(d)). This is shorter than the standard personal injury deadline. Missing this deadline means losing the right to file — permanently.

In the immediate aftermath of a loved one's death, the last thing families want to think about is a lawsuit. But evidence disappears, witnesses move, and insurance companies begin building their defense from day one. The sooner you speak with a lawyer, the better your case will be.

Attorney Juan Cordero has recovered some of Florida's largest wrongful death verdicts and settlements, including:

• $7 Million — Wrongful Death, Retention Pond Drowning
• $6 Million — Wrongful Death / Drowning, Child at Orlando Resort
• $5 Million — Wrongful Death / Negligent Security, Pensacola Condo Complex
• $5 Million — Wrongful Death / Drowning, Broward County Apartment Complex
• $4 Million — Wrongful Death, Mobile Home Fire

These results were achieved for real Florida families who trusted us with the most painful chapter of their lives. We take that responsibility seriously.

If you lost a loved one due to someone else's negligence, call Juan Cordero Lawyers at 305.525.8957 for a free, confidential consultation. We handle wrongful death cases throughout Florida on a contingency fee basis — you pay nothing unless we win.