Florida Keys — Monroe County
Wrongful Death Lawyer
Florida Keys, Key West & Marathon
When negligence, recklessness, or wrongful conduct takes a loved one, the surviving family deserves a lawyer who will fight for every dollar the law allows — and treat them with the compassion and respect they deserve. Juan Cordero has been fighting for Florida families since 1999. No fee unless we win.
Florida's wrongful death statute of limitations is two years from the date of death. Missing this deadline bars the claim. Do not wait — call us today.
The Florida Keys present unique wrongful death circumstances — car and truck accidents on the narrow two-lane stretches of US-1, boating accidents on the Atlantic and Gulf, drowning incidents at resorts and marinas, and negligent security shootings at hotels and convenience stores. Whatever the cause, the law provides a path to justice for the surviving family.
Florida's Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) allows the personal representative of the deceased's estate to bring a lawsuit against the responsible party on behalf of the estate and the surviving family members. The law provides two separate streams of compensation — one for the surviving family members who suffered specific personal losses, and one for the estate itself.
At Juan Cordero Lawyers, our approach in wrongful death cases is the same as in every case: listen to our clients, keep them informed, make ourselves available whenever they need us, and aggressively fight for the full amount of compensation available from the responsible parties and their insurance companies.
How to File a Wrongful Death Lawsuit in the Florida Keys
The process involves several legal steps — we handle all of them on your behalf.
Step 1
Open a Probate Estate
The first step is opening a probate estate in Monroe County court — with courthouses in Key West, Marathon, and Plantation Key. This allows the estate to lawfully receive settlement or judgment proceeds and enables the court to appoint a personal representative.
Step 2
Appoint a Personal Representative
The personal representative is the proper party to file the wrongful death lawsuit. The lawsuit will identify all family members with an interest — spouse, children, parents, or blood relatives and adoptive siblings who relied on the deceased for support.
Step 3
Build the Case
We investigate the cause of death, gather evidence, retain expert witnesses, and build a case that proves the negligent party's fault and the full extent of damages. A compelling case is often what drives a fair settlement without going to trial.
Step 4
Settle or Try the Case
Most wrongful death cases settle before trial. When they do not, we are prepared to take the case to a Monroe County jury. In either event, our goal is the same: full and fair compensation for every loss your family has suffered.
What Compensation Can Be Recovered?
Florida's wrongful death law provides two separate streams of compensation.
Compensation for Surviving Family Members
- Medical expenses paid by a family member
- Funeral and burial expenses paid by a family member
- For a spouse: loss of companionship and protection, plus mental pain and suffering
- For a minor child: loss of companionship, instruction, and guidance of a parent, plus mental pain and suffering
- For an adult child: loss of companionship, instruction, and guidance, plus mental pain and suffering (if no surviving spouse)
- For a parent who lost a minor child: mental pain and suffering
- For a parent who lost an adult child: mental pain and suffering (if no other surviving family members)
Compensation That Goes to the Estate
- Medical expenses charged against or paid by the estate
- Funeral and burial expenses charged against or paid by the estate
- Loss of earnings of the deceased from the date of injury to the date of death
- Loss of prospective net accumulations of the estate that could reasonably have been expected but for the wrongful death
Punitive Damages
Available in cases of gross negligence or intentional misconduct — such as drunk driving or boating under the influence. Punitive damages must be proven by clear and convincing evidence. We evaluate every case for punitive damage potential.
Common Causes of Wrongful Death in the Florida Keys
The Keys' geography and tourism economy create specific wrongful death risks.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Florida?
Under Florida's Wrongful Death Act (Fla. Stat. § 768.16–768.26), the lawsuit is filed by the personal representative of the deceased's estate on behalf of the estate and the surviving family members. Eligible survivors include a spouse, children, parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased.
How long do I have to file a wrongful death lawsuit in the Florida Keys?
Florida's statute of limitations for wrongful death is two years from the date of death (Fla. Stat. § 95.11(4)(d)). Missing this deadline almost always bars the claim entirely. Contact an attorney as soon as possible — evidence disappears and witnesses' memories fade.
Do I need to open a probate estate to file a wrongful death claim?
Yes. A probate estate must be opened in Monroe County court before a wrongful death lawsuit can be filed. The court appoints a personal representative who is the proper party to bring the claim. Monroe County has courthouses in Key West, Marathon, and Plantation Key.
What if the death was caused by a drunk boater or drunk driver in the Keys?
Drunk driving and boating under the influence are among the most common causes of wrongful death in the Florida Keys. These cases may support punitive damages in addition to compensatory damages, because DUI conduct can constitute gross negligence or intentional misconduct under Florida law.
Can I recover punitive damages in a Florida Keys wrongful death case?
Yes, in appropriate cases. Punitive damages are available when the defendant's conduct constitutes gross negligence (conscious disregard for life or safety) or intentional misconduct. They must be proven by clear and convincing evidence — a higher standard than ordinary negligence. We evaluate every case for punitive damage potential.
What does "no fee unless we win" mean for a wrongful death case?
We handle wrongful death cases on a contingency fee basis. You pay no attorney's fees unless we recover compensation for your family. There is no upfront cost and no hourly billing. Our fee is a percentage of the recovery, agreed upon in writing before we begin.
What causes of death qualify for a wrongful death claim in the Keys?
Any death caused by another party's negligence, recklessness, or intentional wrongdoing may support a wrongful death claim. Common causes in the Florida Keys include car and truck accidents on US-1, boating accidents, drowning due to negligent supervision, slip and fall injuries, negligent security shootings, and medical malpractice.
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