Quick Read Summary (TLDR)

Families commonly fall into the same pitfalls when making wrongful death claims in the State of Florida. The most common mistakes include missing the statute of limitations, using the wrong family member to file the claim, not being represented by an attorney, and hiring the wrong type of attorney.

If your family member suffered a wrongful death due to the negligence or malpractice of others, do NOT attempt to go it alone. South Florida law will not charge you a cent unless we win your case.

Call us without delay at (954) 900-8885 or reach out via our contact form.

Losing a loved one is devastating under any circumstances. When that death results from someone else’s negligence or wrongful conduct, the emotional pain can be even more overwhelming. Florida law provides surviving family members with the right to pursue compensation through wrongful death claims, but navigating this complex legal process requires careful attention to detail. Unfortunately, many families make critical errors that jeopardize their ability to recover fair compensation or even lose their right to file a claim altogether.

Understanding the most common mistakes can help families protect their legal rights during this difficult time. The following errors occur frequently in Florida wrongful death cases and can significantly impact the outcome of a claim.

Missing the Statute of Limitations Deadline

The most devastating mistake families make is waiting too long to file their wrongful death lawsuit. Florida law imposes a strict two-year statute of limitations for most wrongful death claims, as specified in Florida Statutes Section 95.11. This deadline begins on the date of death, and not the date of the accident or incident that caused the death.

Missing this deadline typically results in permanent loss of the right to seek compensation, regardless of how strong the case might be. Courts rarely show leniency for missed deadlines, even when families are grieving and overwhelmed. While two years may seem like adequate time, the period passes quickly when families are dealing with funeral arrangements, estate matters, and emotional trauma.

Limited exceptions exist to this rule. Cases involving murder or manslaughter have no statute of limitations under Florida law. Medical malpractice wrongful death cases may have different timing rules based on when the malpractice was discovered. However, families should never assume an exception applies without consulting an experienced Florida attorney immediately after a loved one’s death.

Not Understanding Who Has Legal Standing to File

Many family members mistakenly believe they can file a wrongful death lawsuit individually. Florida law, however, requires that only the personal representative of the deceased person’s estate may file the claim, as outlined in Florida Statutes Chapter 768. This personal representative might be named in the deceased’s will or appointed by the probate court if no will exists.

The personal representative files the lawsuit on behalf of all survivors and the estate. Individual family members cannot file separate lawsuits, even if they suffered significant losses. Families who attempt to file claims without proper legal standing waste valuable time and may miss important deadlines while sorting out who has authority to proceed.

According to Florida Statutes Section 768.21, the personal representative must identify all potential beneficiaries in the complaint, including spouses, children, parents, and any blood relatives or adoptive siblings who depended on the deceased for support or services. Failing to properly identify all beneficiaries can complicate the distribution of any recovery.

Speaking to Insurance Companies Without Legal Counsel

Insurance adjusters often contact grieving family members shortly after a death occurs. These companies use carefully crafted scripts designed to minimize their liability while gathering information that can later be used to deny or reduce claims. Adjusters may seem sympathetic and helpful, but their ultimate goal is protecting the insurance company’s financial interests.

Statements made to insurance companies can be recorded and used against families later in the legal process. Grieving individuals may not realize they’re providing information that undermines their claim or inadvertently accepting less compensation than they deserve. Families should direct all insurance company communications to legal counsel before engaging in any discussions about the case.

Severely Undervaluing the Claim

Most family members have no experience with wrongful death lawsuits and don’t understand the full scope of recoverable damages available under Florida law. This lack of knowledge often leads to accepting settlements far below what the claim is actually worth.

Florida Statutes Section 768.21 allows recovery of numerous types of damages. Economic damages may include lost wages and benefits the deceased would have provided, medical expenses from the time of injury until death, funeral and burial costs, and the lost accumulations the estate would have received. Non-economic damages can include loss of companionship, mental pain and suffering, loss of parental guidance for children, and emotional trauma.

Each survivor’s relationship to the deceased affects what damages they can recover. Spouses may claim loss of companionship and support. Minor children can recover for lost parental guidance and mental suffering. Parents of deceased minor children may recover for their own mental pain and suffering. Properly calculating these losses requires expertise that most families don’t possess.

Hiring an Attorney Who Doesn’t Handle Trial Work

Some attorneys focus exclusively on settlement negotiations and avoid taking cases to trial. Insurance companies and defense lawyers recognize when an attorney won’t pursue litigation and often refuse to offer fair settlements. These companies calculate that attorneys who avoid courtrooms will pressure their clients to accept inadequate offers rather than proceed to trial.

Families who hire attorneys willing to take cases all the way through trial gain significant negotiating leverage. Insurance companies take these claims more seriously and are more likely to offer fair settlements when they know the attorney has the experience and willingness to present the case before a jury if necessary.

Making Social Media Posts About the Case

Social media activity creates serious problems for wrongful death lawsuits. Posts about the case, grief, settlement discussions, or even innocent updates about daily activities can provide ammunition for defense attorneys seeking to minimize damages or deny claims.

Defense teams routinely monitor plaintiffs’ social media accounts looking for contradictory statements or evidence that undermines claimed damages. A post showing a family member smiling at a gathering, for example, might be used to argue that mental anguish damages are exaggerated. Even well-meaning comments from friends and relatives can be misconstrued and used against families. The safest approach is to avoid all social media posts related to the case or the deceased until the claim is fully resolved.

Delaying Evidence Gathering and Investigation

Evidence begins deteriorating immediately after an incident occurs. Witnesses’ memories fade, physical evidence disappears, and surveillance footage gets recorded over. Families who wait weeks or months before consulting an attorney give defendants time to build their defenses and may lose access to critical evidence that could support their claims.

Prompt investigation allows attorneys to interview witnesses while events remain fresh in their minds, preserve physical evidence, obtain accident reports, and secure video footage before it’s deleted. Experienced Florida attorneys understand the importance of immediate action and can begin gathering evidence while families focus on grieving and healing.

Failing to Understand Medical Malpractice Restrictions

When wrongful death results from medical negligence, Florida law imposes special restrictions on damages that many families don’t anticipate. According to Florida Statutes Section 768.21(8), adult children cannot recover damages for lost parental companionship, instruction, and guidance if the death resulted from medical malpractice. Additionally, adult children cannot recover for their mental pain and suffering in medical malpractice wrongful death cases.

Similarly, parents of deceased adult children cannot recover compensation for mental pain and suffering when the death resulted from medical negligence. These limitations don’t apply to wrongful death cases arising from other types of negligence, such as car accidents or workplace incidents. Families pursuing medical malpractice wrongful death claims must understand these restrictions to set realistic expectations about potential recovery.

Accepting Quick Lowball Settlement Offers

Insurance companies sometimes make rapid settlement offers soon after a death occurs, hoping to exploit the vulnerability of bereaved families facing financial strain. Initial settlement offers are almost always far below a claim’s true value and are designed to close the case quickly before families understand the full extent of their losses.

Accepting a settlement typically ends any right to pursue additional compensation later, even if families later discover their losses are far greater than initially understood. The full economic impact of a wrongful death may not become apparent for months or years, particularly regarding lost future income, lost services, and long-term emotional consequences.

“Initial settlement offers are almost always far below a claim’s true value…”

Attempting to Navigate the Process Without Experienced Legal Counsel

Wrongful death claims involve complex legal procedures, strict deadlines, intricate damages calculations, and sophisticated opposition from insurance companies and defense attorneys. Families attempting to handle these cases without experienced Florida legal representation face overwhelming disadvantages.

Attorneys who regularly handle wrongful death cases understand how to value claims properly, negotiate effectively with insurance companies, gather and preserve evidence, identify all responsible parties, and present compelling cases to juries when necessary. The best attorneys in this practice area work on contingency fee arrangements, meaning families pay nothing unless the case results in recovery.

South Florida Law and Wrongful Death

The loss of a loved one through wrongful death represents one of life’s most challenging experiences. While no legal recovery can ever restore a life, at South Florida Law we know that financial compensation provides a mechanism for families to seek justice for their losses.

By working with our attorneys, our clients avoid common mistakes. If a wrongful death has occurred in your family, reach out as soon as possible to protect your rights, properly value your claims, and pursue the full compensation your family deserves under Florida law. Taking these steps honors the memory of lost loved ones while ensuring surviving family members receive the support they need to move forward.

We can be reached at (954) 900-8885 or via our contact form.