Fort Lauderdale Wrongful Death Lawyer

Fort Lauderdale Wrongful Death Lawyer

At Newman Injury Law, PLLC, we represent families who have lost loved ones because of negligent driving, unsafe property conditions, medical errors, and other preventable causes. Our founder has been practicing civil litigation since 2010 and handles these matters with the care they require, while making sure families understand what Florida law permits and what it does not. Call today to speak with our Fort Lauderdale, FL wrongful death lawyer who will listen to what happened and explain the next steps.

Why Choose Newman Injury Law, PLLC for Wrongful Death Cases in Fort Lauderdale, FL?

Civil Litigation Background Built for Difficult Cases

Our founder, Jared K. Newman, is an experienced civil litigation attorney who has dedicated his practice to representing people harmed by the negligence of others. He earned his J.D. from South Texas Law in 2009 and his undergraduate degree from the University of Florida in 2006. Wrongful death cases often intersect with auto collision, premises liability, or medical negligence claims.

Proven Track Record in Serious Injury Matters

Our personal injury lawyer in Fort Lauderdale, FL has millions of dollars recovered for clients facing the consequences of someone else’s carelessness. Wrongful death settlements depend on thorough documentation of the decedent’s earning history, family relationships, and the specific statutory damages available under Florida law. Preparing those elements carefully makes the difference between a quick low offer and meaningful recovery.

Ties to the South Florida Legal Community

Jared is an active member of the Broward County Bar Association and the Dade County Bar Association. That local presence keeps us familiar with the judges, opposing counsel, and mediators we encounter in Broward wrongful death matters, and that familiarity helps when evaluating settlement postures and trial risk.

Contingency Representation with No Upfront Costs

We handle wrongful death cases on a contingency basis. You pay nothing unless we recover compensation for your family. Consultations are free. Families dealing with a sudden loss should not have to worry about legal fees while they are still processing what happened.

⭐⭐⭐⭐⭐ “I want to thank Mr. Jared Newman from the bottom of my heart. He personally took care of my case as if it were his own, with an incredible level of care and attention. He was there for me not only as a lawyer but also with the support and compassion of family. Mr.Newman is sincere, honest, and truly the best lawyer you could have in your corner. If you hire him, you will be so grateful you did!” (Elizabeth Sandoval)

Read more reviews on our Google Business Profile.

Types of Wrongful Death Cases We Handle in Fort Lauderdale

Wrongful death in Florida covers any death caused by the wrongful act, negligence, default, or breach of contract of another. The underlying cause can take many forms, and the investigation and evidence vary significantly by case type. Our firm represents families in the following categories:

• Car accidents. Negligent drivers cause a substantial portion of Broward County wrongful death cases. Fatal car accident claims often involve questions about driver distraction, impairment, speed, and uninsured motorist coverage when the at-fault driver lacked sufficient policy limits.
• Truck and commercial vehicle fatalities. Crashes involving semi-trucks, box trucks, and delivery vehicles frequently produce catastrophic outcomes. These cases reach trucking companies, maintenance contractors, and cargo loaders beyond just the driver.
• Motorcycle accidents. Riders face disproportionately severe outcomes when hit by negligent drivers, and fatal motorcycle cases require careful work to overcome defense arguments about rider behavior.
• Pedestrian and bicyclist deaths. Drivers who strike people outside vehicles often face serious liability, particularly when the driver was distracted, impaired, or violated right-of-way rules.
• Drowning and pool injuries. Inadequate barriers, missing safety equipment, and failures of supervision at hotels, apartment complexes, and private residences produce fatal incidents that fall under both premises liability and Florida’s pool safety laws.
• Premises liability fatalities. Falls from heights, a bad fall, structural failures, electrocutions, and security failures on residential or commercial property can support wrongful death claims against negligent owners.
• Medical malpractice deaths. Misdiagnosis, surgical errors, medication mistakes, and failures to monitor patients require specific procedural steps under Florida law before a civil claim can proceed.
• Nursing home and assisted living deaths. Neglect, inadequate supervision, falls, and medication errors in long-term care facilities often produce wrongful death claims against corporate operators.
• Workplace fatalities. On-the-job deaths may trigger both workers’ compensation death benefits and third-party wrongful death claims when someone other than the employer bears responsibility. Fatal workplace progression is a common outcome when serious injuries worsen before settlement.
• Boating accidents. South Florida’s waterways produce fatal collisions, propeller injuries, and drowning deaths that may fall under state, federal, or admiralty jurisdiction.
• Defective product deaths. Dangerous products, including vehicles, machinery, pharmaceuticals, and consumer goods, can support both wrongful death and product liability claims against manufacturers.

Florida Legal Requirements for Wrongful Death Cases

Florida’s Wrongful Death Act governs these claims and differs significantly from wrongful death statutes in other states. The Act appears at Sections 768.16 through 768.26 of the Florida Statutes and defines who may recover, who files the claim, and what damages are available.

Under the Florida statute, the personal representative of the decedent’s estate files the wrongful death lawsuit on behalf of the surviving family members. Individual family members cannot file their own wrongful death claims. The personal representative identifies each survivor entitled to damages and pursues recovery for each one. Proving wrongful death requires evidence that the defendant’s negligence caused the death and that the survivors suffered compensable losses.

Florida defines “survivors” narrowly. The decedent’s spouse, children, and parents can generally recover, along with blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support. Adult children cannot recover for a parent’s death when the estate has a surviving spouse, and parents cannot recover for an adult child’s death in medical negligence cases. These limitations surprise many families and affect case strategy from the start.

The statute of limitations is two years from the date of death under Section 95.11, reduced from the prior four-year window by legislation that took effect in March 2023. The CDC leading causes data consistently show that unintentional injuries rank among the top causes of death nationwide, and many of these deaths have a negligent party behind them.

Florida also applies a modified comparative negligence rule under Section 768.81. If the decedent is found more than 50 percent at fault for the incident that caused their death, recovery is barred. Below that threshold, recovery is reduced by the decedent’s percentage of fault.

What Damages Are Recoverable in a Fort Lauderdale Wrongful Death Case?

Compensation in a Fort Lauderdale wrongful death case includes losses suffered by the estate and separate losses suffered by individual survivors. Knowing which damages apply to whom affects how the case is built and presented.

Economic damages suffered by the estate include lost earnings from the date of injury to the date of death, medical and funeral expenses paid by the estate, and the value of the decedent’s lost net accumulations, meaning the savings the decedent would have accumulated during their remaining expected lifetime. For working-age decedents with dependents, net accumulations analysis can account for a significant portion of the economic recovery. Wrongful death case values in Florida depend heavily on the decedent’s age, earning history, health, and family circumstances.

Survivors recover separate damages for their own losses. Surviving spouses can recover for loss of the decedent’s companionship and protection, as well as mental pain and suffering from the date of injury. Minor children, or all children if there is no surviving spouse, can recover for lost parental companionship, instruction, and guidance, along with their own mental pain and suffering. Parents of a deceased minor child can recover for their mental pain and suffering, and parents of an adult child can do so in cases without other survivors. Impact on surviving families extends well beyond the financial calculations and is a central part of non-economic damage testimony.

All survivors can recover for loss of the decedent’s financial support, medical or funeral expenses they personally paid, and lost services the decedent provided to the family. Loss of consortium is a specific category that recognizes the relational harm that financial calculations alone cannot capture.

Punitive damages are available in wrongful death cases when the defendant’s conduct was intentional or grossly negligent. Drunk driving, intentional misconduct, and conduct motivated by unreasonable financial gain can trigger punitive exposure. Florida caps most punitive damages at three times the compensatory award or $500,000 under Section 768.73, though the statute includes exceptions for particularly egregious conduct. Florida does not permit recovery for the decedent’s own pain and suffering before death in most wrongful death actions, which is one of the meaningful differences between Florida and many other states.

Contact Newman Injury Law, PLLC

If your family has lost someone in Fort Lauderdale or anywhere in Broward County because of another party’s negligence, we would like to hear what happened. Consultations at Newman Injury Law, PLLC are free, and there is no fee unless we win your case. We will review the circumstances, explain what Florida’s Wrongful Death Act provides, and give you an honest read on whether a claim should be pursued.

Evidence in these cases fades quickly. Witnesses move, vehicles get sold, video footage gets overwritten, and medical records become harder to assemble as time passes. Contact us to schedule a free consultation with our Fort Lauderdale wrongful death lawyer and learn what your options are.