Trusted wrongful death attorneys with over 10 years of experience.
If you have lost someone in an accident, then you know there is no preparation for the phone call that tells you a family member has been killed because someone else was careless. The grief is overwhelming on its own, but it arrives alongside urgent financial problems that refuse to wait. Hospital bills from the days or hours before death need to be addressed, funeral expenses hit immediately, and if the person who died was someone your household depended on for income, the loss of that paycheck compounds every other burden your family is now carrying.
A wrongful death claim will not undo any of that, but it can hold the responsible party financially accountable and provide the resources your family needs to stabilize. The Andres Lopez Law Firm has walked families through this process across South Florida for more than ten years. Our Parkland, FL wrongful death lawyer handles these cases with genuine care for what the family is going through, combined with the preparation needed to fight insurance companies that want to minimize every claim they touch. We work on contingency, consult at no charge, and serve families in Spanish.
Wrongful Death Lawyer Parkland, FL
Who has standing to bring a wrongful death lawsuit in Florida, and what does that process actually look like from start to finish?
Florida does not allow just anyone to file a wrongful death suit. Under the state’s wrongful death statute, Fla. Stat. §§ 768.16 through 768.26, the lawsuit must be filed by the personal representative of the deceased person’s estate, which is typically the executor named in the will or someone the probate court appoints if there was no will. That appointment must happen before the case can move forward, and the process itself can take weeks.
The claim is brought on behalf of surviving family members who suffered losses because of the death, including spouses, children, parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased. A wrongful death attorney in Parkland, FL coordinates the probate steps, builds the factual case proving that negligence caused the death, and manages the insurance process through settlement or trial. The statute of limitations is two years from the date the person died, not the date of the accident. Because the probate appointment eats into that window, families who delay risk running out of time before the lawsuit can even be filed.
Types of Wrongful Death Cases We Handle in Parkland
Fatal injuries arise from many different kinds of negligence, and the legal strategy shifts depending on how and why the death occurred. Our firm handles the following types of wrongful death claims for Parkland families.
- Car accidents. High-speed collisions, drunk driving crashes, and distracted driving accidents on Parkland roads and throughout Broward County kill drivers and passengers whose families have the right to seek damages from whoever was at fault.
- Truck accidents. When a loaded commercial vehicle strikes a passenger car, the size disparity makes a fatal outcome far more likely than in a collision between two similarly sized vehicles, and the trucking company’s insurer will mount an aggressive defense.
- Motorcycle accidents. Riders killed by negligent drivers leave behind spouses, children, and parents who are dealing with both the emotional devastation and the sudden disappearance of income and support that person provided.
- Pedestrian accidents. A pedestrian struck and killed by a vehicle in a crosswalk, a parking lot, or along a residential road represents one of the most heartbreaking categories of wrongful death cases we see in Broward County.
- Bicycle accidents. Cyclists killed by negligent drivers have no structural protection at the time of impact, and surviving families can pursue wrongful death damages against the at-fault party.
- Dog attacks. Fatal dog maulings are rare, but when they happen the injuries are horrific and Florida’s strict liability dog bite statute applies to fatalities just as it applies to non-fatal bites.
- Medical malpractice. A misdiagnosis that delays treatment until it is too late, a surgical error, or a medication mistake that proves lethal can each give rise to a wrongful death claim, though these cases require detailed medical evidence.
- Premises liability fatalities. Drownings in an unfenced pool, fatal falls on commercial property, and electrocutions caused by defective wiring may support a wrongful death claim if the property owner failed to correct a known hazard.
- Rideshare-related deaths. Our firm resolved a wrongful death claim involving Uber for approximately $1.1 million, and the layered insurance policies in rideshare cases require careful analysis.
Why Choose The Andres Lopez Law Firm for Wrongful Death Cases in Parkland, FL?
Families Deserve Both Compassion and a Willingness to Fight
The tension in a wrongful death case is that the family needs someone who understands their pain while also pushing hard against an insurance company that views the claim as a financial exposure to be minimized.
Andres Lopez became a lawyer because he wanted to help people during the worst moments of their lives, and wrongful death cases represent the clearest expression of that commitment. He has been licensed in Florida since 2009, earned his J.D. from the University of Maryland School of Law, and is admitted to the Florida and Maryland bars, the Southern and Middle Districts of Florida, and the Eleventh Circuit Court of Appeals. He was named a Super Lawyers Rising Star in 2015 and 2016 and is an inductee of the Million Dollar Advocates Forum.
The firm has recovered millions of dollars for clients in personal injury and wrongful death matters. If you need a personal injury lawyer in Parkland, FL who also handles wrongful death claims, contact our office for a free consultation.
Understanding Wrongful Death Cases
Damages, Liability, and Compensation for Wrongful Death Cases
Florida’s wrongful death statute creates separate categories of damages that depend on the relationship between the survivor and the person who died. A surviving spouse may recover for the loss of companionship, protection, and support, along with mental pain and suffering caused by the death. Minor children may recover for the loss of parental companionship, guidance, and instruction. Parents of a deceased minor child are entitled to recover for their own mental pain and suffering. And the estate itself may recover medical expenses and funeral costs, the deceased’s lost earnings from the date of injury through death, and lost net accumulations.
Future lost earnings must be projected across the deceased’s remaining work-life expectancy, adjusted for inflation, and reduced to present value. The calculation must also factor in household services the deceased provided, retirement contributions, and health insurance benefits the family lost. When the deceased was the household’s primary earner, these numbers are substantial, and the insurer will challenge every assumption underlying the projection.
Liability requires proof that the defendant’s negligence or reckless conduct caused the death. Florida’s modified comparative fault standard under Fla. Stat. § 768.81 applies, meaning the decedent’s own share of fault can reduce or eliminate the recovery if it exceeds 50 percent.
Important Aspects in Your Wrongful Death Case
Wrongful death claims carry procedural requirements that can trip up families who are not aware of them. The personal representative must be appointed through probate before the estate has standing to file suit, and that process requires court filings and sometimes a hearing. The two-year statute of limitations runs from the date of death whether or not the probate appointment is complete, which creates real time pressure for families that are still absorbing the loss.
Evidence preservation matters just as much in a wrongful death case as it does in any other injury claim. Surveillance footage from nearby businesses gets overwritten, accident scenes change within hours, and electronic data from vehicles can disappear without a preservation letter. Financial records documenting the deceased’s income and household contributions should be assembled early, because those numbers form the backbone of the damages demand.
The emotional weight of the legal process is a factor that families should be prepared for as well. Depositions require revisiting painful details, and defense attorneys will push back on every element of the claim. An attorney who manages the procedural demands and shields the family from unnecessary contact with the other side makes a meaningful difference in how the process feels.
Wrongful Death Case Timeline
Wrongful death cases move more slowly than typical injury claims because of the probate requirement and the complexity of the damages analysis. The personal representative must be appointed through probate court first, which can take several weeks. While that process is underway, the investigation begins and medical records, autopsy reports, financial documents, and insurance policies are gathered.
Once the investigation is complete, a formal demand is presented to the responsible party’s insurer. If settlement negotiations do not produce a fair result, a lawsuit is filed within the two-year statute of limitations. Litigation adds months of discovery and depositions, and if no resolution is reached during that phase, the case proceeds to trial.
What to Bring to Your Wrongful Death Consultation
Families should bring whatever documentation they have, even if it feels incomplete. Useful materials include the death certificate and autopsy report, medical records and bills from treatment before death, the police or incident report, financial records showing the deceased’s income and contributions to the household, and insurance policies for the deceased and any responsible parties. If you have not gathered all of these yet, we can help you obtain what is needed as the case develops. There is never a charge for the consultation.
Florida Legal Resources for Wrongful Death Cases
These resources provide additional information about Florida’s wrongful death laws and related data.
- Florida’s wrongful death statutes, §§ 768.16 through 768.26, outline who may file a claim, the types of damages available, and the procedural requirements
- The Florida Legislature provides access to all applicable statutes including comparative fault and statute of limitations provisions
- NHTSA publishes data on fatal motor vehicle crashes at the national level
- The Broward County Clerk of Courts maintains both civil and probate court records relevant to wrongful death filings
- The CDC publishes data on unintentional injury deaths across the United States
Reach Out to The Andres Lopez Law Firm to Schedule a Consultation
If your family lost someone because of another party’s negligence in Parkland, FL, The Andres Lopez Law Firm is here to help during an incredibly difficult time. We handle wrongful death claims on contingency and provide free consultations. Contact a Parkland wrongful death attorney at our office to discuss your family’s legal options.