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Florida Personal Injury Firm
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When the Worst Happens



No one is ever prepared for a sudden death, but a wrongful death can make the suffering unbearable. It’s not just the loss of joy or hope, it’s also the loss of trust. If the worst has happened to you, call us. We can never bring back your loved one, but holding the wrongdoer accountable is one thing we can take off your plate.

Of course, while no amount of money could ever replace the presence of someone dear to you, monetary compensation could help with funeral or burial expenses, any medical bills, loss of the deceased’s earnings, and may even compensate for mental anguish and other non-economic damages.


Tallahassee: (850) 222-3232
Orlando: (407) 917-9697
Jacksonville: (904) 222-3333


If your loved one’s death was the result of the negligence or intentions of someone else, you may have the right to file a wrongful death action in order to receive due compensation.

A wrongful death action may be the result of a:

  • Traffic accident;
  • Vehicle manslaughter;
  • Medical malpractice;
  • Manslaughter;
  • Murder; or
  • Death in the course of committing another crime.


Florida’s Wrongful Death Act dictates that the decedent’s personal representative will file the claim on behalf of the deceased’s survivors and estate. Survivors generally include the spouse, children, and/or parents.

Furthermore, any blood relatives or adopted brothers and sisters who are “partly or wholly dependent on the decedent for support or services” may benefit from the civil claim. This does discern clearly those eligible to file a wrongful death claim must be married or directly related to the decedent and cannot solely be close friends or acquaintances.


In order provide guidelines for relatives or the spouse of a deceased individual when filing a wrongful death action, Florida Statute § 768.21 details what sort of damages may be sought in the claim.

The Florida Wrongful Death Act provides that survivors may be entitled to:

  • The value of lost support and services, both current and future (many factors must be examined to arrive at an adequate sum);
  • Compensation for lost companionship and for mental pain and suffering for the spouse of the decedent;
  • Compensation for mental pain and suffering if a parent has lost a minor child, or an adult child if there are no other survivors; and
  • Compensation for lost parental companionship, guidance, and mental pain and suffering for the children of the decedent.

Survivors may pursue medical and funeral expenses if one of the survivors has paid these costs.

The personal representative may recover damages for the estate, including loss of earnings of the decedent from the date he or she was injured until the day he or she died. Any charges against the decedent’s estate may be recoverable, including medical and funeral expenses.


Taking quick legal action after the death of a loved one may seem like a daunting prospect. Although you may wish to focus on grieving and emotional recovery, understand that time is of the essence. The statute of limitations for a wrongful death act under Florida law is two years, meaning you have a limited amount of time to file a claim.


Dealing with the death of someone dear to you can be stressful. In the process, you may be left with burial costs and funeral expenses, as well as questions about the future financial security of you and your family.

If your loved one has passed away due to the negligent or intentional actions of another, contact the attorneys at Fasig | Brooks today. We can help you file a wrongful death action against the liable party or parties.

Contact us in Tallahassee at (850) 222-3232, Orlando at (407) 917-9697, or Jacksonville at (904) 222-3333 to learn more.

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