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Do I Have A Wrongful Death Claim?

Wrongful death is the legal term for a civil case brought against a person that may be responsible for the death. Wrongful death claims can often go along with criminal cases, but they do not require criminal charges to pursue. Instead, they are designed for people to seek justice against a party whether they are intentionally or unintentionally responsible for the death. If you’ve lost a loved one, you may be wondering if you have a wrongful death claim. Here are some questions you can ask yourself to know:

Can You Legally File A Claim?

Florida law limits who can file wrongful death claims. The claim must be a personal representative of the deceased estate, typically an attorney. The representative can only represent family members. Family members include spouses, children, parents, relatives that depend on the deceased for financial support, and legal guardians.

Has It Been Less Than Two Years Since Your Loved One Passed?

Florida law also limits when you can file a wrongful death claim. The statute of limitations is two years from the date of death. In very specific cases, you can get an extension, but in general, it is two years.

Do You Believe The Death Was Caused By Another Person’s Negligence?

Negligence is a legal term that is dependent on three factors:

• The person had a legal duty of care to the deceased
• The person breached that duty
• The breach of that duty lead to the death of the victim

A good example of negligence is if your loved one died in a car accident caused by a drunk driver. The drunk driver had a legal duty of care to all drivers on the road follow the law and not drive drunk. The person breached that by driving drunk. By driving drunk, they caused the accident that leads to the loss of your loved one’s life. Meaning the breach of their duty caused the death. Proving negligence is the most difficult part of a wrongful death claim, but a knowledgeable wrongful death attorney can help.

Were You Financially Dependent On The Victim?

If the victim was the primary breadwinner in the household and their death has negatively impacted your ability to live, you may have a claim. The same goes for other family members. For example, if you have children and your spouse passes, you could have a claim.

Did You Incur Expenses From The Loss?

If you were not financially dependent, you still may have a claim for wrongful death. For example, if you paid for your loved ones funeral, that is an incurred expense.

Have You Suffered Other Losses?

There is more to losing a loved one than just the lost income, there are other intangible losses. The loss of companionship, the loss of care or guidance, the loss of love. Though no amount of money will ever make up for these losses, they can remove some of the daily stresses so your family can focus on grieving and healing from the loss.

If you answered yes to some or all of these questions, it is likely you have a wrongful death claim. So what are your next steps? First, you can learn more about wrongful death claims and the legal process on our website. Next, you can talk to your family about filing a claim. Finally, you can contact us and we’ll give you a free wrongful death case review to help you understand not only whether you have a case, but if a wrongful death claim is the right choice for your family.


Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Do I Have A Wrongful Death Claim?

Goldman Babboni Fernandez
Murphy & Walsh

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