Trusted wrongful death attorneys with over 10 years of experience.
The Andres Lopez Law Firm has guided families through wrongful death claims across South Florida for more than a decade. Our Tamarac, FL wrongful death lawyer brings the legal strength these cases require and the compassion that grieving families deserve. We work on contingency, offer free consultations, and serve clients in Spanish.
Wrongful Death Lawyer Tamarac, FL
How does the wrongful death process work under Florida law, and who is eligible to bring a claim?
Under Florida’s wrongful death statute, §§ 768.16 through 768.26, only the personal representative of the deceased person’s estate may file the lawsuit. The claim is brought on behalf of surviving family members, which typically includes the spouse, children, parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support. If the deceased had a will, the personal representative is usually the person named in it. If there was no will, the probate court appoints one, and that appointment must happen before the lawsuit can be filed.
A wrongful death attorney in Tamarac, FL handles the legal and procedural requirements from start to finish, including working with the probate process when necessary and building the factual case that proves the at-fault party’s negligence caused the death. The statute of limitations for wrongful death in Florida is two years from the date of death, not the date of the accident, and because the probate appointment process itself takes time, families should contact an attorney as soon as they are able to, so the legal process can begin while the evidence is still fresh and the filing deadline is not at risk.
Types of Wrongful Death Cases We Handle in Tamarac
Wrongful death results from many different types of negligent or reckless conduct. Our firm handles fatal injury claims arising from the following.
- Car accidents. Fatal vehicle collisions are among the most common wrongful death cases in Broward County, and they frequently involve high speeds, impaired driving, or distracted driving by the at-fault party.
- Truck accidents. Commercial truck crashes produce fatalities at a higher rate than passenger vehicle collisions because of the extreme difference in size and weight between the vehicles involved.
- Motorcycle accidents. Riders killed in collisions with cars and trucks leave behind families who face both the emotional devastation of the loss and the financial consequences of losing a provider or partner.
- Pedestrian accidents. Fatal pedestrian crashes occur at crosswalks, intersections, parking lots, and along busy roads in the Tamarac area, and these cases often depend on surveillance footage and accident reconstruction to establish liability.
- Bicycle accidents. A cyclist struck by a negligent driver may not survive the collision, and the surviving family members can file a wrongful death claim to recover damages for their loss.
- Medical malpractice. Surgical errors, misdiagnoses, and medication mistakes that result in a patient’s death may give rise to a wrongful death claim, and these cases require detailed medical evidence and familiarity with healthcare liability law.
- Premises liability fatalities. Drownings, falls, electrocutions, and other fatal incidents on commercial or residential property may support a wrongful death claim when the property owner’s negligence created or failed to correct the dangerous condition.
- Catastrophic injuries. Some catastrophic injuries prove fatal despite medical intervention, and the wrongful death claim in those situations accounts for both the pre-death treatment costs and the losses survivors endure afterward.
- Rideshare-related deaths. Our firm resolved an Uber-related wrongful death case for approximately $1.1 million, and these claims involve layered insurance policy structures that require careful analysis to determine which coverage applies.
Why Choose The Andres Lopez Law Firm for Wrongful Death Cases in Tamarac, FL?
Legal Strength Paired with Genuine Compassion
Families who have lost someone to negligence need an attorney who handles the situation with sensitivity while still fighting aggressively for every dollar of compensation the law allows. The emotional weight of these cases is real, and the legal process needs to account for that without compromising on the result.
Andres Lopez became a lawyer because he wanted to help people during their most difficult moments, and wrongful death cases are where that commitment matters most. He has been licensed in Florida since 2009, earned his J.D. from the University of Maryland School of Law, and holds bar admissions in Florida, Maryland, the Southern and Middle Districts of Florida, and the Eleventh Circuit. He is a Million Dollar Advocates Forum member and was recognized as a Super Lawyers Rising Star.
The firm has recovered millions of dollars for clients in personal injury and wrongful death matters. If you are looking for a personal injury lawyer in Tamarac, 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 provides different categories of damages depending on the relationship between the survivor and the deceased. Surviving spouses may recover for lost companionship, protection, and support, along with mental pain and suffering. Minor children may recover for lost parental guidance and instruction, as well as mental pain and suffering. Parents of deceased minor children may recover for their own mental pain and suffering. And the estate may recover the deceased’s medical and funeral expenses, lost earnings from the date of injury through the date of death, and lost net accumulations.
Calculating these damages requires detailed financial analysis. Future lost earnings must be projected over the deceased person’s remaining work-life expectancy, adjusted for inflation, and reduced to present value. In cases where the deceased was the household’s primary earner, the financial impact on surviving family members can be substantial. Liability requires proof that the defendant’s negligence caused the death, and Florida’s comparative fault standard under Fla. Stat. § 768.81 applies, so the decedent’s own share of fault can reduce or eliminate the recovery.
Important Aspects in Your Wrongful Death Case
Wrongful death claims carry procedural requirements that make them different from standard injury cases. A personal representative must be appointed before the estate can file the lawsuit, and that process sometimes requires probate court proceedings. Evidence preservation is critical and time-sensitive, particularly in vehicle crash cases where the physical scene and electronic data may change or be lost. Financial documentation of the deceased’s income, benefits, and contributions to the family is essential for the damages calculation. And the two-year filing deadline runs from the date of death, which gives families less time than they may assume, especially given the administrative steps that must be completed before a lawsuit can even be filed.
Wrongful Death Case Timeline
Wrongful death cases tend to move more slowly than standard injury claims. The estate must first appoint a personal representative through probate. The investigation into the cause of death begins promptly, and medical records, autopsy reports, and financial records are gathered and analyzed. Once the investigation is complete, a 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.
What to Bring to Your Wrongful Death Consultation
Families should bring whatever documentation they have, including the death certificate and autopsy report, medical records and bills from the deceased’s treatment before death, the police or incident report, financial records showing the deceased’s income and household contributions, and insurance policies for the deceased and any potentially responsible parties. We handle these meetings with care, and there is no charge.
Florida Legal Resources for Wrongful Death Cases
These resources provide more information about Florida’s wrongful death laws.
- Florida’s wrongful death statutes, §§ 768.16 through 768.26, outline who may file a claim and the damages available
- The Florida Legislature provides access to all applicable statutes
- NHTSA publishes fatal motor vehicle crash data
- The Broward County Clerk of Courts maintains civil and probate court records
- The CDC publishes data on unintentional injury deaths
Reach Out to The Andres Lopez Law Firm to Schedule a Consultation
If your family lost someone due to negligence in Tamarac, FL, The Andres Lopez Law Firm is here to help you through the legal process during an incredibly difficult time. We handle wrongful death claims on contingency and provide free consultations. Contact a Tamarac wrongful death attorney at our firm to discuss your family’s options.