Losing a loved one is devastating. When that loss is caused by someone else's negligence, recklessness, or intentional misconduct, the grief is compounded by anger, confusion, and a sense of injustice.

A wrongful death claim allows the surviving family members of a person who was killed due to another's negligence to seek compensation for their losses. In Florida, these claims are governed by the Florida Wrongful Death Act, which sets out who can file a claim, what damages are available, and how the process works.

If your family has lost a loved one in Martin County due to a car accident, medical malpractice, workplace accident, or any other form of negligence, you need to understand your rights — and act quickly, because the clock is already running.

A wrongful death claim is a civil lawsuit filed on behalf of the surviving family members of a person who died as a result of another party's negligence, recklessness, or intentional misconduct.

Unlike a criminal prosecution, which is brought by the state and can result in imprisonment, a wrongful death claim is a civil action that seeks monetary compensation for the losses suffered by the deceased person's family.

• Car accidents: Drunk driving, distracted driving, speeding, or other negligent driving behavior
• Truck accidents: Driver fatigue, improper loading, or mechanical failures
• Medical malpractice: Misdiagnosis, surgical errors, medication errors, or failure to treat
• Workplace accidents: Falls, equipment failures, or exposure to toxic substances
• Premises liability: Slip and falls, negligent security, or swimming pool accidents
• Defective products: Dangerous vehicles, medical devices, or consumer products
• Nursing home neglect: Failure to provide adequate care, leading to preventable death

Under the Florida Wrongful Death Act, a wrongful death claim must be filed by the personal representative of the deceased person's estate. The personal representative acts on behalf of the estate and the surviving family members.

The following family members may be entitled to recover damages in a wrongful death claim:

• Surviving spouse
• Children (including adopted children and, in some cases, illegitimate children)
• Parents (if the deceased had no surviving spouse or children)
• Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services

The personal representative is typically named in the deceased person's will or appointed by the court. If you are not the personal representative, you cannot file the lawsuit yourself — but you can work with the personal representative to ensure your interests are represented.

Florida law allows surviving family members to recover several types of damages in a wrongful death claim:

• Loss of support and services: The financial support the deceased would have provided to the family, including wages, benefits, and household services
• Loss of companionship and protection: The loss of the deceased's love, companionship, comfort, guidance, and protection
• Mental pain and suffering: The emotional anguish suffered by surviving family members
• Medical and funeral expenses: Costs incurred as a result of the deceased's final injury or illness

• Lost earnings: The income the deceased would have earned during their expected working life
• Medical expenses: Medical bills incurred before death
• Pain and suffering: The physical and emotional suffering experienced by the deceased before death

In Florida, you generally have 2 years from the date of death to file a wrongful death lawsuit. This deadline is strict — if you miss it, you will likely lose your right to file a claim entirely.

There are limited exceptions to this deadline, such as when the death was caused by fraud or concealment. However, you should not rely on these exceptions. Contact a wrongful death lawyer as soon as possible to ensure your claim is filed on time.

Beyond the legal deadline, there are practical reasons to act quickly:

• Evidence disappears: Accident scenes change, surveillance footage is overwritten, and witnesses' memories fade.
• Records may be lost: Medical records, employment records, and other documents that are critical to your claim may become harder to obtain over time.
• Insurance companies start building their defense immediately: The sooner you have legal representation, the better positioned you are to counter their efforts.

The first step is to consult with an experienced wrongful death lawyer who can evaluate your case, explain your rights, and advise you on the best course of action.

Your lawyer will investigate the circumstances of your loved one's death, gather evidence, and identify all potentially liable parties. This may include reviewing police reports, medical records, accident reconstruction reports, and witness statements.

Your lawyer will file a wrongful death lawsuit on behalf of the estate and surviving family members. The lawsuit will identify the defendant(s), describe the negligent conduct, and set out the damages being sought.

Both sides exchange information and evidence through a process called discovery. This may include written questions (interrogatories), requests for documents, and depositions (sworn testimony).

Most wrongful death cases are resolved through settlement negotiations rather than trial. Your lawyer will negotiate with the defendant's insurance company to reach a fair settlement that compensates your family for their losses.

If a fair settlement cannot be reached, your case will go to trial. A judge or jury will hear the evidence and decide whether the defendant was negligent and, if so, how much compensation your family is entitled to receive.

The value of a wrongful death case depends on many factors, including:

• The age and health of the deceased at the time of death
• The deceased's earning capacity and financial contributions to the family
• The number and ages of surviving family members
• The nature and extent of the family's losses
• The degree of the defendant's negligence or misconduct

Wrongful death cases can result in substantial settlements or verdicts. Juan Cordero Lawyers has helped recover millions of dollars for families who have lost loved ones due to negligence, including a $4 million wrongful death settlement in a truck-pedestrian case.

Wrongful death cases are among the most complex and emotionally challenging cases in personal injury law. You need a lawyer who combines legal expertise with genuine compassion for your family's situation.

Juan Cordero Lawyers brings:

• 26+ years of experience handling wrongful death and serious injury cases throughout Florida
• A proven track record of multi-million dollar verdicts and settlements
• Personal attention — Attorney Cordero personally handles every case
• No fee unless we win — you pay nothing unless we recover compensation for your family
• 24/7 availability — we are always here when you need us

If you have lost a loved one due to someone else's negligence in Martin County, do not face this alone. Juan Cordero Lawyers can help your family pursue justice and the compensation you deserve through a Wrongful Death Lawyer Florida claim. Call 305.525.8957 — free consultation, 24 hours a day, 365 days a year.