DELAND WRONGFUL DEATH LAWYER

Losing a loved one unexpectedly is devastating. When that loss occurs because another person or company acted carelessly, recklessly, or wrongfully, Florida law may allow surviving family members to pursue justice and financial accountability.

In general, wrongful death occurs when a person dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by state wrongful death statutes.

A wrongful death lawsuit allows eligible family members to seek compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case in DeLand, an attorney typically must show that:

• The defendant owed a duty of care
• The defendant breached that duty
• The breach directly caused the death
• Surviving family members suffered legally recognized damages

Florida law also determines who may bring a wrongful death claim and how any compensation may be distributed among surviving family members.

Wrongful death claims can arise from many different types of preventable incidents. While every case involves unique circumstances, certain types of fatal accidents occur more frequently in communities like DeLand.

Common causes of wrongful death may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice at hospitals or surgical centers
• Construction site and other workplace accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Any of these situations may give rise to a civil wrongful death claim. These claims are separate from any criminal charges that may also be filed in connection with the incident.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a Death Certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather Evidence

Collect any medical records, accident reports, photographs, witness statements, or other relevant documentation that could support your claim. If the death occurred in a workplace or medical setting, request records related to procedures, treatments, or safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine Who Can File a Claim

Florida law governs who may bring a wrongful death lawsuit. In Florida, the claim must be filed by the personal representative of the deceased person’s estate on behalf of the surviving family members and the estate.

Eligible survivors may include the surviving spouse, children, parents, and, in some cases, blood relatives or adoptive siblings who depended on the deceased for support or services. An attorney can help determine who qualifies as a survivor under Florida’s wrongful death laws.

Be Aware of the Statute of Limitations

Florida imposes a strict statute of limitations for filing a wrongful death claim. Failing to file within the required timeframe can prevent you from pursuing legal action, so it is important to act promptly and understand the deadlines that may apply to your case.

Consider the Financial and Emotional Impact

A wrongful death claim may allow surviving family members and the estate to pursue compensation for both financial and personal losses resulting from the death. Recoverable damages may include medical expenses related to the final injury, funeral and burial costs, loss of financial support or services, and the loss of companionship, guidance, and protection.

An attorney can evaluate the full scope of economic and non-economic damages that may be available under Florida law and determine how those damages may apply to surviving family members and the estate.

Determining whether you may have a valid wrongful death claim depends on several key legal factors. Below are some of the considerations that may help determine whether a case exists.

Was there negligence or misconduct?

A wrongful death claim typically requires proof that another person or entity acted negligently, recklessly, or wrongfully and that their actions contributed to the death. Examples may include:

• Car accidents caused by reckless or distracted drivers
• Medical malpractice resulting from a healthcare provider’s error
• Unsafe workplace conditions that lead to fatal accidents
• Criminal acts such as assault or homicide

Did the death result from that negligence?

There must be a direct connection between the responsible party’s actions, or failure to act, and the death. For example, if a doctor fails to diagnose a treatable illness and the patient later dies from that condition, the misdiagnosis could potentially form the basis of a wrongful death claim.

Do you have legal standing?

Only certain individuals are permitted to bring a wrongful death lawsuit, and eligibility depends on state law. In many cases, the claim is filed by the personal representative of the deceased person’s estate on behalf of surviving family members.

Eligible beneficiaries may include a surviving spouse, children, parents, or other financially dependent relatives, depending on the applicable laws.

Are there recoverable damages?

A wrongful death claim must involve legally recognized losses. These damages may include:

• Medical expenses related to the final injury
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available will depend on state law and the circumstances surrounding the death.

Is the claim within the statute of limitations?

Each state sets a deadline for filing wrongful death lawsuits. If a claim is not filed within that time period, the right to pursue legal action may be lost.

Florida law determines who may bring a wrongful death claim. Under Florida’s Wrongful Death Act, the lawsuit must be filed by the personal representative of the deceased person’s estate.

The personal representative brings the claim on behalf of the surviving family members and the estate. Eligible survivors may include the surviving spouse, children, parents, and, in some cases, other relatives who were financially dependent on the deceased.

If a personal representative has not yet been appointed, the probate court may designate one to pursue the claim on behalf of the estate and the eligible survivors.

Florida law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Wrongful Death Lawsuit (Civil Case): In Florida, a wrongful death claim is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members and the estate. The purpose is to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The goal is monetary recovery rather than punishment.
• Criminal Case: A criminal case is prosecuted by the government to address violations of criminal law. The goal is punishment, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil Case: The plaintiff must prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible.
• Criminal Case: The prosecution must prove guilt beyond a reasonable doubt, which is a much higher legal standard.

Who Brings the Case

• Civil Case: Filed by the personal representative of the estate on behalf of the surviving family members and the estate, as provided under Florida law.
• Criminal Case: Filed by government prosecutors on behalf of the state.

Possible Outcomes

• Civil Case: May result in a financial award to compensate surviving family members or the estate for their losses.
• Criminal Case: May result in criminal penalties such as incarceration, fines, or probation.

Can Both Happen at the Same Time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies because of another party’s negligence, but they serve different purposes.

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The focus is on the impact the death has on surviving beneficiaries.

A survival action, by contrast, is brought on behalf of the deceased person’s estate. It seeks damages the individual could have recovered had they lived, such as medical expenses, lost income, or other losses incurred between the time of injury and death. Rather than compensating the family’s loss, it continues the claim the deceased would have had.

The key distinction is timing and purpose. Wrongful death claims address losses suffered by survivors after the death, while survival actions address losses the deceased experienced before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (known as damages) is intended to address the losses suffered by surviving family members and the estate as a result of the death. The types of damages available depend on Florida law and the specific facts of the case.

Under Florida’s Wrongful Death Act, recoverable damages may include:

Economic losses

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of financial support and services that the deceased would have provided
• Loss of prospective net accumulations to the estate in certain cases

Non-economic losses

• Loss of companionship, protection, and emotional support for a surviving spouse
• Loss of parental companionship, instruction, and guidance for minor children
• Mental pain and suffering experienced by eligible surviving family members

In some cases involving particularly reckless or intentional misconduct, punitive damages may also be available under Florida law.

Because every wrongful death case is unique, an attorney can help evaluate the full range of damages that may apply based on the circumstances of the loss.

Proving liability in a wrongful death case requires showing that the defendant’s actions (or failure to act) legally caused the death. While the process can be complex, most cases focus on establishing negligence, recklessness, or intentional misconduct.

Establishing Negligence (or Other Legal Theories)

In many wrongful death cases, the plaintiff, typically an eligible family member or estate representative, must prove that the defendant failed to exercise reasonable care.

To establish negligence, the following elements are generally required:

• Duty of Care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical professionals must provide competent care.
• Breach of Duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or Reckless Conduct

If the defendant acted intentionally or with reckless disregard for safety, liability may be based on those legal theories rather than simple negligence. The plaintiff must still show that the conduct directly resulted in the death.

Evidence Used to Prove Liability

Establishing responsibility often involves gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (medical, accident reconstruction, and economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing Potential Defenses

Defendants in wrongful death cases may argue that the deceased was partially responsible for the incident. How shared fault affects a claim depends on state law and may reduce or limit recovery in some situations. Strong evidence and effective legal advocacy are often critical in responding to these arguments.

Legal Guidance Matters

Wrongful death cases can involve complex facts, multiple parties, and significant financial stakes. An experienced attorney can investigate the circumstances of the incident, preserve important evidence, consult with experts, and build a case aimed at establishing liability under the applicable state law.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics. 

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss. 

Here’s how insurance may be involved:

• Defendant's Insurance Coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company will typically handle the defense and may offer a settlement to avoid going to trial. This can help survivors recover financial compensation more quickly.
• Life Insurance: If the deceased had a life insurance policy, the beneficiaries (such as the spouse, children, or other dependents) may be able to claim the death benefits. This is separate from a wrongful death lawsuit, but it can provide additional financial support.
• Employer’s Insurance: If the wrongful death occurred due to a work-related accident, the employer’s workers' compensation insurance may cover certain expenses, though it typically does not cover non-economic damages like pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance plays a key role in providing compensation for wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers' compensation coverage. However, insurance coverage does not always cover all types of damages, and the amount of compensation available will depend on the specifics of the case.

You should also note that insurance companies typically fight aggressively, and legal representation levels the playing field.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

Florida’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Plus, insurance companies often try to minimize payouts. They may pressure you to accept a low settlement or deny liability altogether. A lawyer negotiates on your behalf and ensures you don’t settle for less than you deserve.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced DeLand attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in Florida and understand the local courts, judges, and insurance practices. Our firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's DeLand team today for a free case evaluation to learn more about your legal options.