Florida’s Wrongful Death Act creates specific legal rights for surviving family members when a loved one’s death is caused by another party’s wrongful act, negligence, or breach of duty. A Stuart wrongful death lawyer at The Rubin Firm represents grieving families throughout Martin County with compassion, sensitivity, and unwavering determination to secure the justice and compensation the law provides.
We understand this is the hardest time of your life. The attorneys at The Rubin Firm are here to carry the legal burden so you can focus on your family. Call (772) 283-2004, fill out our contact form, or start a live chat.
Florida's Wrongful Death Act: Who Can Bring a Claim
Florida’s Wrongful Death Act, codified in Florida Statutes Sections 768.16 through 768.26, establishes the legal framework for wrongful death claims in the state. Under the Act, a wrongful death action may be brought when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person or entity. The claim is brought by the personal representative of the deceased person’s estate on behalf of both the estate and the surviving family members who are entitled to recover damages.
The personal representative is the person designated in the deceased’s will to manage the estate, or, if there is no will, the person appointed by the probate court. This individual serves as the legal plaintiff in the wrongful death lawsuit, but the damages recovered benefit the estate and the individual surviving family members who qualify under the Act. If a personal representative has not yet been appointed, one of the first steps in pursuing a wrongful death claim is opening probate proceedings to establish the representative’s authority.
Understanding who qualifies as a surviving family member under the Act is critical, because different family members are entitled to different categories of damages. The Act specifically identifies the surviving spouse, minor children, parents of a deceased minor child, and any person who was dependent on the deceased for support or services as individuals entitled to recover damages. Each category of survivor has distinct damage rights, and some categories of recovery are available to certain family members but not others.
Why Families Trust The Rubin Firm After a Wrongful Death
Wrongful death cases carry immense emotional weight alongside significant legal complexity. Families who are grieving the sudden loss of a loved one are simultaneously forced to navigate probate court, deal with insurance companies, and make decisions about legal proceedings during the worst period of their lives. Many families feel overwhelmed by the process and unsure of where to turn.
At The Rubin Firm, we handle every aspect of the wrongful death claim so that families can devote their energy to grieving, healing, and supporting each other. We guide families through the probate process, investigate the circumstances that caused the death, retain experts to establish liability and calculate damages, negotiate with insurance companies, and prepare for trial when necessary. Our attorneys communicate directly with every client and provide the compassionate, personal attention that these cases demand.
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Circumstances That Lead to Wrongful Death Claims
Boating accidents:
Drowning, collision fatalities, and other fatal boating incidents on the Treasure Coast’s waterways.
Defective products:
Products that malfunction and cause fatal injuries, from defective vehicles to dangerous consumer goods.
Premises liability:
Fatal injuries caused by dangerous property conditions, including swimming pool drowning, structural collapses, and fires.
Wrongful death claims arise whenever someone’s negligence, recklessness, or intentional act causes the death of another person. The circumstances span virtually every area of personal injury law, and the liable parties range from individual drivers to hospitals to corporations.
On Martin County’s roads, fatal car accidents, truck crashes, motorcycle collisions, pedestrian strikes, and bicycle crashes account for a significant share of wrongful death claims. A distracted driver runs a red light. A fatigued trucker drifts across lanes on I-95. A drunk driver crosses the center line. In each scenario, a family loses someone they love because another person chose to be careless behind the wheel.
Medical malpractice is another leading cause. A surgeon operating on the wrong patient or the wrong body part. An emergency room doctor dismissing chest pain symptoms that should have prompted immediate cardiac intervention. A pharmacy dispensing the wrong medication. A hospital so understaffed that a deteriorating patient goes hours without being checked. When healthcare providers fail to meet the standard of care and a patient dies as a result, the surviving family has the right to pursue accountability.
Motor vehicle accidents:
Fatal crashes involving cars, trucks, motorcycles, pedestrians, bicyclists, and buses caused by negligent or impaired drivers.
Medical malpractice:
Fatal surgical errors, misdiagnosis, medication mistakes, birth injuries, and hospital negligence.
Nursing home and assisted living negligence:
Deaths caused by abuse, neglect, medication errors, falls, and inadequate medical care in residential care facilities.
Workplace and construction accidents:
Fatal falls, electrocutions, equipment malfunctions, and industrial accidents caused by unsafe working conditions.
Damages Available in Florida Wrongful Death Cases
The damages available in a wrongful death claim under Florida law are divided among the estate and the individual surviving family members. A wrongful death attorney in Stuart at The Rubin Firm calculates every category of damage to pursue the maximum recovery allowed by law.
The Statute of Limitations for Wrongful Death Claims
Under Florida Statutes Section 95.11, the statute of limitations for wrongful death claims in Florida is two years from the date of death. This is a firm deadline, and missing it almost always means the family permanently loses the right to pursue compensation, regardless of how strong the evidence of negligence may be.
Because wrongful death cases require probate proceedings to appoint a personal representative, investigation to determine the cause of death and identify liable parties, expert analysis to calculate lifetime damages, and time to build the case before the deadline arrives, families should consult with an attorney as early as possible. Starting the process soon after the death ensures that evidence is preserved, deadlines are met, and the claim is developed on the strongest possible foundation.
Steps to Take After Losing a Loved One to Negligence
Preserve all documentation:
Keep medical records, accident reports, death certificates, and any communications from insurance companies or the party responsible for the death.
Consider probate proceedings:
Do not speak with insurance adjusters:
Contact The Rubin Firm:
The Financial Reality Families Face After a Wrongful Death
Beyond the emotional devastation, the death of a family member creates immediate and long-term financial consequences that can destabilize a household. If the deceased was the primary earner, the surviving family loses the income that paid the mortgage, covered health insurance, funded retirement savings, and supported daily living expenses. If the deceased was a stay-at-home parent, the family suddenly needs to pay for childcare, household management, and the countless services that parent provided without a paycheck. Medical bills from the deceased’s final treatment and funeral expenses add immediate financial pressure to a family already in crisis.
A wrongful death claim addresses these financial realities by calculating the full economic value of what the deceased would have provided to the family over their remaining life expectancy. This is not a simple multiplication of annual salary times years remaining. Forensic economists consider career trajectory, expected raises and promotions, fringe benefits including health insurance and retirement contributions, household services the deceased performed, and the time-value of money over the projected period. The result is a comprehensive economic model that captures the true financial loss the family will experience over the decades ahead.
The non-economic damages are harder to quantify but equally real. The surviving spouse loses a life partner, a co-parent, a confidant, and a source of emotional support that no amount of money can replace. Children lose a parent’s daily presence, their guidance through formative years, their attendance at milestones from graduations to weddings, and the security of knowing someone is always in their corner. These intangible losses have enormous value, and Florida law recognizes that value through the damages available under the Wrongful Death Act.
Wrongful Death Claims vs. Criminal Prosecution
Families often ask whether a criminal prosecution of the person who caused their loved one’s death eliminates the need for a civil wrongful death claim, or vice versa. The answer is that these are entirely separate legal proceedings with different purposes, different standards of proof, and different outcomes. A criminal prosecution is brought by the State of Florida to punish the defendant for violating criminal law. A wrongful death civil claim is brought by the deceased’s estate to compensate the surviving family for their losses.
Critically, a wrongful death civil claim can succeed even when no criminal charges are filed, or when criminal charges result in an acquittal. The civil standard of proof is a preponderance of the evidence, meaning more likely than not, which is significantly lower than the criminal standard of beyond a reasonable doubt. A wrongful death claim can also proceed simultaneously with a criminal prosecution, and evidence developed in one proceeding can sometimes benefit the other. The Rubin Firm coordinates with the criminal process where appropriate while independently building the family’s civil case for maximum compensation.
Families should not wait for a criminal case to conclude before pursuing a civil wrongful death claim. The two-year statute of limitations runs from the date of death regardless of where the criminal case stands, and critical evidence for the civil claim must be preserved and investigated promptly. Early attorney involvement ensures that both the criminal and civil tracks are managed effectively.
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Serving Grieving Families Across the Treasure Coast
The Rubin Firm represents wrongful death families in Stuart, Martin County, Port St. Lucie, Fort Pierce, Vero Beach, Jupiter, Palm Beach County, and throughout the Treasure Coast and South Florida.
Referral Partnerships for Wrongful Death Cases
Attorneys throughout the Treasure Coast and South Florida trust The Rubin Firm with wrongful death referrals. If you have a client whose family member died due to negligence, contact us to discuss collaboration.
Frequently Asked Questions About Wrongful Death Claims in Stuart
Who can file a wrongful death lawsuit in Florida?
The personal representative of the deceased person’s estate files the lawsuit on behalf of the estate and surviving family members. The representative is typically named in the will or appointed by the probate court.
Which family members can recover damages?
The surviving spouse, minor children, parents of a deceased minor, and each person who was dependent on the deceased for support may recover damages under Florida’s Wrongful Death Act. Each category of survivor is entitled to specific types of damages.
What damages are available?
Damages include funeral and burial expenses, medical costs before death, lost future earnings, loss of companionship and guidance, and mental pain and suffering for qualifying survivors. The specific damages available depend on the survivor’s relationship to the deceased.
How long do I have to file a wrongful death claim?
Two years from the date of death. Because the process requires probate proceedings, investigation, and expert analysis, contacting an attorney well before the deadline is essential.
Does The Rubin Firm charge upfront fees for wrongful death cases?
No. We handle all wrongful death cases on a contingency fee basis. Families pay no attorney fees unless we recover compensation on their behalf.
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Your Family Deserves Justice. We Are Here When You Are Ready.
Losing a loved one to someone else’s negligence is devastating. The Stuart wrongful death lawyers at The Rubin Firm provide compassionate, determined representation to families who are seeking accountability and the compensation the law provides.
Call (772) 283-2004 for a free, confidential consultation. Complete our contact form or chat live. There is no fee unless we win.
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