Fort Lauderdale Wrongful Death Attorneys
Losing a loved one unexpectedly is one of the most painful experiences anyone can face. When that loss is caused by someone else’s negligence, recklessness, or intentional wrongdoing, the emotional devastation is often accompanied by legal and financial uncertainty.
At Clayton Trial Lawyers, our experienced Fort Lauderdale wrongful death attorneys help families pursue justice and financial accountability in the wake of tragedy. While no amount of money can ever replace what you’ve lost, a wrongful death claim can help secure your family’s future, provide closure, and hold the responsible party accountable.
What Is a Wrongful Death Claim?
In Florida, a wrongful death occurs when a person loses their life due to the negligence, carelessness, recklessness, or intentional misconduct of another party. These tragic cases span a wide range of situations, from preventable car accidents to fatal medical errors, and often leave families grappling with emotional trauma and financial hardship.
A wrongful death lawsuit is a civil legal claim brought by the deceased person’s estate on behalf of surviving family members. These claims seek compensation for the tangible and intangible losses caused by the untimely death of a loved one. This includes not only the financial impact, such as lost income and funeral expenses, but also emotional harm like the loss of companionship, guidance, and parental or spousal support.
Common Causes of Wrongful Death in Fort Lauderdale
At Clayton Trial Lawyers, we’ve handled wrongful death claims arising from:
• Car, truck, and motorcycle accidents
• Drunk or distracted driving
• Medical malpractice and surgical errors
• Workplace accidents and unsafe job sites
• Defective or dangerous consumer products
• Nursing home abuse or neglect
• Premises liability (such as slips, falls, or negligent security)
• Intentional acts of violence or assault
If your loved one’s death was caused by someone else’s actions, or inaction, you may have the right to pursue justice. We’re here to explain your rights and guide you through the legal process with compassion and clarity.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida’s Wrongful Death Act, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This individual may be named in the decedent’s will, or appointed by the court if no will exists.
While the personal representative is the one who formally brings the lawsuit, the claim is filed on behalf of surviving family members, which can include:
• A surviving spouse
• Minor or adult children
• Parents of a deceased minor child
• Parents of a deceased adult child, if no other survivors exist
• Other blood relatives or adoptive siblings who depended on the deceased for financial support or services
Our team can help identify all eligible beneficiaries, assist with probate-related matters, and ensure that your family’s interests are fully represented throughout the legal process.
Compensation in a Wrongful Death Case
A successful wrongful death claim may result in compensation for a wide range of economic, non-economic, and, in some cases, punitive damages.
Economic Damages
These are measurable financial losses, which may include:
• Final medical expenses related to the fatal injury or illness
• Funeral and burial costs
• Loss of the deceased’s income and future earnings
• Loss of employment benefits, including pensions or retirement savings
• Loss of household services the deceased would have provided
Non-Economic Damages
These reflect the emotional and relational losses suffered by surviving family members:
• Emotional pain and suffering
• Loss of companionship and protection
• Loss of parental guidance and nurturing
• Loss of spousal consortium and emotional support
Punitive Damages
In cases involving gross negligence, recklessness, or intentional harm (such as drunk driving or violent assault), punitive damages may be awarded to punish the wrongdoer and send a clear message that this behavior will not be tolerated.
Our attorneys work with economists, forensic experts, and medical consultants to carefully calculate the full value of your claim. We believe your family deserves recognition not only for your financial losses but also for the emotional toll this loss has caused.
What a Wrongful Death Lawyer Does
Hiring a wrongful death lawyer in Fort Lauderdale is a crucial step in protecting your rights and securing justice for your loved one. These cases require detailed legal strategy, careful timing, and compassionate guidance, especially when dealing with insurers or powerful corporate defendants.
Here’s what we do:
1. Conduct a Thorough Investigation
We investigate the cause of death, gather critical evidence, and identify all liable parties. This may include reviewing surveillance footage, interviewing witnesses, analyzing accident reports, and consulting expert witnesses.
2. Establish Liability and Build Your Case
Our team works with specialists, such as accident reconstructionist, doctors, and forensic analysts, to prove how negligence or misconduct caused the death and how it has affected your family.
3. Manage Legal Filings and Procedures
We handle all legal paperwork, court filings, and procedural requirements. You won’t have to worry about deadlines or legal complexities, we’ve got it covered.
4. Negotiate a Fair Settlement
We advocate aggressively during settlement negotiations and present compelling evidence to demand maximum compensation. We never settle for less than what your family deserves.
5. Go to Trial When Necessary
If the defendant refuses to settle fairly, we are fully prepared to take your case to court. Our attorneys are seasoned litigators with a track record of successful trial outcomes.
Above all, we take on the legal burden so that your family can focus on healing, honoring your loved one, and rebuilding your life.
How Long Do I Have to File a Wrongful Death Claim in Florida?
In Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. If you miss this deadline, you may lose the right to pursue compensation entirely.
However, some circumstances can shorten or extend this window. For example:
• Cases involving medical malpractice may require additional pre-suit procedures.
• Claims against a government entity often have shorter notice requirements and special restrictions.
If you’re unsure whether you still have time to file, contact us as soon as possible. We’ll review your case and help you move forward before it’s too late.
Why Choose Clayton Trial Lawyers?
At Clayton Trial Lawyers, we bring more than legal knowledge, we bring strength, support, and a deep sense of purpose to every wrongful death case we handle. We understand that no amount of money can replace your loved one, but we also know that justice and accountability matter.
Clients choose us because:
• We treat grieving families with compassion and dignity
• We are experienced trial attorneys ready to fight when needed
• We don’t just seek quick settlements, we build strong, lasting cases
• We communicate clearly and keep you informed every step of the way
• We work on a contingency fee basis, you pay nothing unless we win
From our offices in Fort Lauderdale, we serve families throughout Broward County and across South Florida. Whether you’re still mourning or just starting to consider legal action, we’re here to help you find clarity, support, and a path toward justice.
Speak With a Fort Lauderdale Wrongful Death Attorney Today
If you believe your loved one’s death was caused by negligence or misconduct, you deserve answers, and you deserve justice. Let our experienced team help you hold the responsible party accountable and pursue the compensation your family needs to move forward.
Contact Clayton Trial Lawyers today to schedule a free, confidential consultation with a wrongful death lawyer in Fort Lauderdale. There’s no cost to speak with us, and no legal fees unless we win your case.
Frequently Asked Questions
How do I know if I have a wrongful death case?
You may have a wrongful death case if your loved one’s death was caused by negligence, recklessness, or intentional misconduct by another person, company, or entity. This includes fatal car crashes, unsafe premises, medical malpractice, workplace accidents, or criminal acts. To determine whether your situation qualifies under Florida law, our legal team will review the facts, assess liability, and explain your rights during a free, confidential consultation. Even if you’re unsure whether someone’s actions rise to the level of legal negligence, it’s worth speaking with a qualified attorney who can investigate the circumstances and determine the strength of your case.
Who can file a wrongful death lawsuit in Florida?
In Florida, only the personal representative of the deceased person’s estate can file a wrongful death claim. This individual may be named in the will or, if there is no will, appointed by the court. Although the personal representative brings the claim, it is done on behalf of eligible surviving family members, which may include:
• The surviving spouse
• Minor or adult children
• Parents of a deceased minor child
• Parents of an adult child (if no other survivors exist)
• Blood relatives or adoptive siblings who depended on the deceased for financial support
Our attorneys can help you determine who qualifies for compensation and guide your family through the probate and filing process.
What is the time limit to file a wrongful death claim?
The statute of limitations for wrongful death claims in Florida is generally two years from the date of death. However, certain exceptions may apply:
• Medical malpractice-related deaths may involve additional notice and filing requirements.
• Government-related claims (such as wrongful death caused by a public employee or agency) often require formal notice within a shorter window, sometimes as little as six months.
Because missing the deadline can bar you from ever filing a claim, we recommend speaking with a lawyer as soon as possible to protect your rights and preserve critical evidence.
What if the responsible party is a business or government agency?
Wrongful death claims can be brought against individuals, companies, and public entities. If a business caused the death through unsafe practices, defective products, or employee negligence, they can be held liable. Similarly, a government agency, such as a city, school district, or public hospital, can be sued under specific laws, although these cases involve special procedures and strict deadlines.
For example:
• Claims against the state of Florida or a municipality may require written notice and a waiting period before filing suit.
• There may be limits (or “caps”) on the amount of compensation you can recover.
We’re experienced in handling wrongful death cases against both corporate and government defendants and can help you navigate the added complexity.
How is compensation calculated?
Wrongful death compensation in Florida covers both economic and non-economic damages, including:
Economic Damages:
• Medical bills related to the final illness or injury
• Funeral and burial costs
• Loss of income, benefits, and financial support the deceased would have provided
• Loss of services such as childcare, household tasks, or caregiving
Non-Economic Damages:
• Pain and suffering of surviving family members
• Loss of companionship, guidance, and protection
• Emotional trauma and mental anguish
In certain cases involving gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct. We work with economists, medical experts, and financial analysts to accurately calculate the full value of your claim and fight for everything you’re entitled to.
Do wrongful death cases always go to trial?
No, many wrongful death claims are resolved through settlement without ever going to trial. In fact, most cases are settled during negotiations or mediation once we’ve built a strong case. That said, we prepare every case as if it will go to court, so we’re always ready to litigate if the defense refuses to offer fair compensation.
Our reputation as experienced trial lawyers often motivates defendants and insurance companies to settle sooner and for higher amounts, knowing we won’t back down if litigation becomes necessary.
How long does a wrongful death lawsuit take?
The length of a wrongful death case can vary depending on factors like:
• The complexity of the case
• The amount of evidence and expert testimony required
• Whether the defendant accepts responsibility or contests liability
• Court availability and scheduling
Some cases may settle in a few months, while others, especially those involving litigation or appeals, can take a year or longer. Throughout the process, we keep you updated and ensure that your case moves forward efficiently and with purpose.
Can I afford to hire a wrongful death attorney?
Yes. At Clayton Trial Lawyers, we work on a contingency fee basis. This means:
• You pay nothing up front
• There are no hourly charges or retainers
• We only get paid if we recover compensation for you
This ensures that every grieving family has access to high-quality legal representation, regardless of financial circumstances. If we don’t win your case, you owe us nothing.
What if there’s no will or estate plan in place?
If the deceased did not have a will, the court will appoint a personal representative (often a close family member) to manage the estate and file the wrongful death claim. This is a common situation and does not prevent you from pursuing a claim.
Our firm can help with:
• Petitioning the court to appoint a representative
• Opening and managing the estate in probate court
• Ensuring that eligible survivors are properly included in the claim
We simplify the legal process and make sure everything is handled correctly so your family can focus on healing.
What makes Clayton Trial Lawyers the right choice for my family?
We understand that wrongful death cases aren’t just legal matters, they’re deeply personal. At Clayton Trial Lawyers, we bring a rare combination of legal strength and human compassion to every case. Families choose us because:
• We’re experienced litigators with a strong track record in complex wrongful death claims.
• We treat every client with dignity, patience, and respect.
• We work directly with your family, offering personalized guidance at every step.
• We don’t back down from powerful defendants or large insurance companies.
• We’re committed to real results, not quick settlements that fall short of justice.
Above all, we recognize the trust you place in us during a painful time. Our mission is to honor your loved one by fighting for the accountability and closure your family deserves.