Losing a family member due to someone else’s negligence is a devastating experience, made worse by the legal and financial pressures that follow. Florida’s Wrongful Death Act gives surviving family members the right to seek compensation for both the economic and emotional losses caused by a negligent death, but the law is complex and the time to act is limited. At Mesin & Co., our wrongful death attorneys serve families throughout Boca Raton and Palm Beach County who are facing these circumstances. We handle everything so families can focus on healing, and we do not collect a fee unless we recover for you.
Florida's Wrongful Death Act: The Legal Framework
Florida’s Wrongful Death Act, codified at Florida Statutes Sections 768.16 through 768.26, governs the rights of surviving family members after a negligent death. The Act identifies who may bring a claim, what categories of damages are available, and who serves as the personal representative for the estate. Understanding these provisions is essential to protecting your family’s rights, and any misstep in following the procedural requirements can jeopardize the entire claim.
Who Can Bring a Wrongful Death Claim in Florida
Under the Florida Wrongful Death Act, a wrongful death lawsuit is filed by the personal representative of the deceased’s estate on behalf of eligible survivors. Survivors who may be entitled to compensation include the spouse of the deceased, minor children, and in some cases adult children and parents. The specific damages available to each class of survivor differ under the statute. Florida also made significant changes in 2023 to the rights of adult children in wrongful death cases involving medical malpractice, so if your case involves medical negligence, the nuances of current law are especially important to understand.
The Two-Year Statute of Limitations
Florida law generally requires wrongful death claims to be filed within two years of the date of death. There are limited exceptions to this deadline, but they are narrow. Missing the deadline can permanently bar the family from recovering any compensation. This is one of the most important reasons to consult a Boca Raton wrongful death attorney as soon as possible after a tragic loss, rather than waiting to see how the situation develops.
Calculating Damages in a Boca Raton Wrongful Death Case
Boca Raton is home to a significant professional community, including executives, physicians, attorneys, finance professionals, and technology workers. When a high-income earner is killed due to negligence, the economic losses for surviving family members can be substantial, often running into multiple millions of dollars when lifetime earnings are properly calculated. But economic losses are only part of what the law allows survivors to recover.
Economic Damages
Economic damages in a wrongful death case include the financial support the deceased would have provided to surviving family members, the value of services the deceased performed for the family, medical and funeral expenses, and the loss of the estate that would have been accumulated but for the early death. Our attorneys work with forensic economists to produce detailed projections of these losses, accounting for career trajectory, inflation, investment returns, and survivor needs. The goal is a damages calculation that fully reflects the financial reality of what your family has lost.
Non-Economic Damages for Surviving Family Members
Surviving family members are also entitled to compensation for non-economic losses, including the pain and suffering experienced by the deceased before death, the loss of companionship and protection experienced by a surviving spouse, and in the case of minor children, the loss of parental companionship, instruction, and guidance. These losses are real and significant, even if they are harder to quantify than lost wages or medical bills. Our attorneys present these claims with the care and seriousness they deserve. Learn more about our commitment to every case on our about page.
Common Causes of Wrongful Death in Boca Raton
Wrongful death claims arise from the same categories of negligence that cause serious injury, but with fatal outcomes. In Boca Raton and Palm Beach County, these cases most frequently arise from traffic fatalities, premises liability incidents, and workplace accidents. Whatever the circumstances of your family’s loss, our attorneys investigate with the depth and urgency that the stakes demand.
Traffic Fatalities on I-95, US-1, and Glades Road
Fatal vehicle crashes on Boca Raton’s major roads are among the most common sources of wrongful death cases in the area. I-95 and US-1 both see fatalities involving speeding drivers, distracted driving, impaired operation, and commercial truck crashes. If a family member was killed in a traffic crash, the at-fault driver’s liability insurer and, in truck cases, the carrier’s commercial policy, are the primary sources of compensation. Our wrongful death attorneys pursue every available policy to maximize recovery for surviving families.
Premises Liability and Drowning at Boca Raton Properties
Boca Raton is home to luxury condominium complexes, country clubs, resort hotels, and residential communities with private pools and waterways. When inadequate fencing, unsecured pool access, or failure to maintain proper water safety equipment contributes to a drowning death, the property owner may be liable under Florida’s premises liability law. Similarly, inadequate security at a property that results in a violent death can give rise to a negligent security wrongful death claim. These cases require early evidence preservation and expert analysis of the property’s safety practices.
Workplace Deaths and Construction Accidents
Boca Raton’s ongoing construction and development activity, including residential high-rises, commercial development along the Glades Road corridor, and infrastructure projects, creates occupational hazards that sometimes prove fatal. When a workplace death results from an employer’s OSHA violation or a third party’s negligence on the job site, the family may have rights beyond workers’ compensation. Our attorneys evaluate every fatality case for both workers’ compensation and third-party liability claims to ensure the family receives maximum recovery.
Who Can File a Wrongful Death Claim in Florida
Losing a loved one to someone else’s negligence is a devastating experience. When that loss occurs as the result of a car accident, truck collision, pedestrian strike, or any other preventable incident on Boca Raton’s roads or properties, Florida law provides a legal path for surviving family members to seek accountability and compensation.
Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative is typically named in the decedent’s will or appointed by a Florida court if no will exists. The personal representative files the claim on behalf of the estate and all eligible survivors.
Eligible survivors who may recover damages include:
- The surviving spouse
- Minor children (under age 25 in some circumstances)
- Adult children, if there is no surviving spouse
- Parents of a deceased minor child
- Any blood relatives or adoptive siblings who were wholly or partly dependent on the deceased for support or services
Each eligible survivor may recover different categories of damages based on their relationship to the deceased and the impact of the loss on their lives. Florida’s wrongful death statute is carefully structured, and determining who qualifies and for what requires experienced legal guidance. Mesin & Co. handles wrongful death cases throughout Boca Raton and Palm Beach County with the care and thoroughness these cases demand.
Damages Available Under Florida's Wrongful Death Act
Florida’s Wrongful Death Act provides for two broad categories of damages: those recoverable by the estate, and those recoverable by individual survivors. Understanding both is critical to ensuring that your family receives the full measure of what the law provides.
Damages recoverable by the estate include:
- Lost earnings and benefits: The net accumulations the deceased would have earned during their remaining working life, after deducting personal living expenses.
- Medical and funeral expenses: All medical costs incurred from the date of the injury until death, and all reasonable funeral and burial expenses.
Damages recoverable by survivors include:
- Loss of support and services: The monetary value of financial support and household services the deceased would have provided, including future projected contributions.
- Loss of companionship and protection: The surviving spouse may recover for loss of the decedent’s companionship, protection, and the emotional pain and suffering caused by the loss.
- Mental pain and suffering: Minor children, and in some cases adult children and parents, may recover for the mental anguish caused by their loved one’s death.
- Loss of parental companionship and guidance: Minor children may recover for the loss of a parent’s instruction, guidance, and nurturing.
Florida does not cap wrongful death damages in most personal injury cases. Our attorneys work with economic experts and life care planners to ensure every element of your family’s loss is fully documented and pursued.
The Statute of Limitations and Why Acting Quickly Matters
Florida law places strict time limits on wrongful death claims. Under Florida Statute § 95.11(4)(d), a wrongful death action must generally be filed within two years of the date of death. Missing this deadline will almost certainly result in your claim being permanently barred, regardless of how strong the underlying case is.
However, the two-year period is not always straightforward. There are circumstances that can affect when the clock starts running, and situations — such as claims against government entities or cases involving criminal proceedings — that may involve different deadlines or notice requirements. This is why it is critical to consult a wrongful death attorney as soon as possible after your loss.
- Early action also preserves evidence. Accident scenes change. Surveillance footage is overwritten within days. Witnesses become harder to locate. Vehicle black box data and electronic logging records can be lost. The sooner an attorney is retained, the sooner a legal hold can be placed on critical evidence that may prove essential to your case.
- Boca Raton wrongful death investigations. Our team investigates the full circumstances of your loved one’s death — including the crash scene, involved vehicles, driver history, road conditions, and any potential violations by employers or property owners. We handle the legal process so your family can focus on healing.
If you have lost a loved one due to another party’s negligence in Boca Raton or anywhere in Palm Beach County, contact Mesin & Co. today for a compassionate, confidential consultation.
Frequently Asked Questions: Boca Raton Wrongful Death
A wrongful death claim is a civil lawsuit brought by the family to recover financial compensation. A criminal case is brought by the state to impose punishment on a wrongdoer. The two proceedings are separate and independent. A defendant can be found not criminally liable but still be held liable in a civil wrongful death case, as the burden of proof in civil cases (preponderance of the evidence) is lower than in criminal cases (beyond a reasonable doubt).
If the at-fault party died in the same incident, a claim can still be made against their estate and their liability insurance policy. The death of the wrongdoer does not extinguish the rights of the victim’s surviving family. Our attorneys have experience pursuing claims in these circumstances and can explain how the process works for your specific situation.
Yes. Florida’s Wrongful Death Act allows recovery for the deceased’s own pain and suffering experienced between the injury and death, as well as all of the survivor-based damages. The period between injury and death does not disqualify a wrongful death claim. In fact, documented pre-death suffering can increase the total damages recoverable by the estate.
Look for an attorney with specific experience handling wrongful death claims under Florida’s Wrongful Death Act, the willingness to take the case on contingency, and the resources to handle complex litigation against large insurers or corporate defendants. At Mesin & Co., we provide free consultations and represent families with no upfront cost. We will be honest with you from the first conversation about what your family’s case may be worth and how we will pursue it.
Russian-Speaking Services
Eugene Mesin is fluent in Russian and welcomes inquiries from Russian-speaking clients throughout Florida