West Palm Beach Wrongful Death Lawyer
When someone dies because of another person’s negligence, the consequences extend far beyond the accident itself. A family may suddenly face the loss of income, medical and funeral expenses, unanswered questions about what went wrong, and a future that looks very different than it did before.
Florida law allows certain family members to recover damages when negligence or a wrongful act causes a death. But a wrongful death claim can involve difficult questions about liability, insurance coverage, the losses each survivor may recover, and the evidence needed to establish what happened.
For more than three decades, Hollander Law Firm has represented individuals and families in complex injury, medical malpractice, and wrongful death litigation. A West Palm Beach wrongful death lawyer at Hollander Law Firm can investigate the circumstances of your loved one’s death, explain how Florida’s wrongful death laws apply, and pursue accountability from those responsible.
Reach out online or call (561) 347-7770 today for a free, no-obligation consultation.
When Can a Family Bring a Wrongful Death Claim in Florida?
A wrongful death claim may arise when a person dies because of another party’s negligence, wrongful act, default, or breach of contract or warranty. Florida’s Wrongful Death Act allows a civil claim to be brought when the person who died could have pursued a personal injury claim if they had survived.
In practical terms, the question is often whether someone failed to act with reasonable care and that failure caused the death. A fatal outcome alone does not establish negligence.
For example, a driver may cause a fatal crash by speeding or running a red light. A physician or hospital may be responsible when a preventable medical error results in a patient’s death. A trucking company, manufacturer, or other business may also be liable when its negligence contributes to a fatal incident.
Some cases involve more than one responsible party. Identifying each potential source of liability is an important part of determining what claims may be available to the family.
What Types of Accidents Can Lead to Wrongful Death in West Palm Beach?
West Palm Beach includes heavily traveled interstate, arterial, and downtown roads, along with major medical facilities that serve patients from throughout Palm Beach County.
A wrongful death claim can arise in many different circumstances, including:
- Fatal crashes on I-95. High speeds, commercial truck traffic, lane changes, and congested interchanges can contribute to deadly collisions along I-95 through West Palm Beach.
- Collisions on Okeechobee Boulevard. Heavy traffic traveling between I-95, downtown West Palm Beach, and Palm Beach can lead to severe intersection, rear-end, and pedestrian crashes.
- Crashes on Southern Boulevard. Serious collisions can occur along this major east-west corridor, including accidents involving passenger vehicles, motorcycles, and commercial trucks.
- Pedestrian and bicycle fatalities. People walking or cycling along busy West Palm Beach streets may suffer fatal injuries when drivers fail to yield, speed, or do not see them before a collision.
- Medical malpractice. A patient may die after a delayed diagnosis, surgical or anesthesia error, emergency room failure, medication error, or other negligent medical care at a West Palm Beach hospital or healthcare facility.
The cause of death determines much of what must be investigated. A fatal motor vehicle crash may require examining vehicle data, surveillance footage, phone records, and each driver’s actions. A medical malpractice case may instead depend on hospital records, diagnostic testing, the timing of treatment, and review by qualified medical experts.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida handles wrongful death claims differently from a personal injury claim filed directly by an injured person. The lawsuit is brought by the personal representative of the deceased person’s estate on behalf of the estate and eligible survivors.
The personal representative may already be named in the deceased person’s will. If there is no will or no designated representative who can serve, the probate court may appoint someone to fill that role.
This distinction can confuse families. A surviving spouse or child may ultimately be entitled to recover damages, but that does not necessarily mean that person files the wrongful death lawsuit individually.
The complaint must identify the deceased person’s survivors who may have an interest in the claim. Determining who qualifies as a survivor, and what damages each survivor may seek, is therefore an important early step in a Florida wrongful death case. A West Palm Beach wrongful death attorney can walk you through the process and explain what to expect.
Who Is Considered a Survivor Under Florida’s Wrongful Death Act?
Florida law defines which relatives may qualify as survivors for purposes of a wrongful death claim.
Depending on the family circumstances, they may include the deceased person’s:
- Spouse,
- Children,
- Parents,
- Blood relatives who were partly or wholly dependent on the deceased person for support or services, and
- Adoptive siblings who were partly or wholly dependent on the deceased person.
The damages available to each survivor are not necessarily the same. Florida law considers factors such as the survivor’s relationship to the person who died, dependency, and, for some categories of damages, the circumstances that caused the death.
These distinctions can become especially important when a family includes minor children, adult children, dependent relatives, or multiple people who may qualify as survivors.
What Compensation May Be Available in a Florida Wrongful Death Claim?
Florida wrongful death damages recognize that a death can create different losses for surviving family members and the estate. What you may recover depends on the family relationships involved and the circumstances of the case.
Potential damages may include:
- Loss of support and services. The financial support and household services the deceased person would likely have provided.
- Loss of companionship and protection. A surviving spouse may recover for the loss of companionship and protection of their husband or wife.
- Mental pain and suffering. Florida law permits certain survivors to recover for the emotional impact of losing a loved one.
- Loss of parental companionship and guidance. Children may be entitled to damages for the loss of a parent’s companionship, instruction, and guidance.
- Medical and funeral expenses. Qualifying expenses paid by a survivor or the estate may be recoverable.
- Estate losses. The estate may have a claim for certain lost earnings and other losses permitted under Florida law.
There is no standard value for a wrongful death claim. The age and health of the person who died, their income and expected financial contributions, the survivors they left behind, and the nature of those relationships can all affect the damages sought.
How Do We Investigate West Palm Beach Wrongful Death Cases?
We begin by determining what happened, why it happened, and who may be responsible. That often requires looking beyond the accident report, death certificate, or initial explanation a family received.
The investigation depends on how the death occurred.
We may examine:
- Fatal motor vehicle crashes. Crash scene evidence, photographs, surveillance or traffic camera footage, vehicle data, cell phone records, toxicology results, and witness statements can all provide important information.
- Commercial truck accidents. Driver logs, electronic logging data, maintenance and inspection records, vehicle data, and trucking company records are key pieces of evidence in a truck collision.
- Medical malpractice. Important evidence in medical malpractice claims includes hospital and physician records, diagnostic imaging, laboratory results, medication records, monitoring data, and the timing of critical medical decisions.
- Other fatal incidents. Physical evidence, business records, electronic data, safety policies, and other information that can help establish how and why the death occurred.
We also work with physicians, accident reconstruction professionals, economists, and other qualified experts when their expertise can help us evaluate liability or the family’s losses.
Where Are Wrongful Death Lawsuits Filed in West Palm Beach?
Wrongful death lawsuits arising in West Palm Beach may be filed in the Fifteenth Judicial Circuit Court in and for Palm Beach County, depending on where the death occurred, where the defendant resides, and other factors that determine proper venue.
The main Palm Beach County courthouse is the Judge Daniel T. K. Hurley Courthouse in downtown West Palm Beach. Wrongful death cases involving substantial damages generally proceed in circuit court.
Not every wrongful death claim results in a lawsuit. A West Palm Beach wrongful death lawyer may first investigate the death, identify the responsible parties and available insurance coverage, calculate the family’s losses, and pursue a claim outside of court. If the responsible party or insurer will not agree to a fair resolution, filing a lawsuit allows us to pursue the case through the civil court system.
How Long Do You Have to File a Wrongful Death Claim in Florida?
In most cases, Florida gives families two years from the date of death to file a wrongful death lawsuit. Waiting too long can cost you the right to pursue compensation. However, the deadline isn’t the same in every case. Claims involving medical malpractice, government entities, or other circumstances may involve additional requirements or different legal issues.
The statute of limitations is also only one reason to act promptly. Witnesses can become harder to locate, video may be erased, electronic information can disappear, and physical evidence can change over time. Starting an investigation early gives us a better opportunity to identify and preserve evidence that may be important to the case.
Frequently Asked Questions About West Palm Beach Wrongful Death Claims
What If My Loved One Was Partly at Fault for the Accident?
Florida follows a modified comparative negligence rule. If your loved one shared responsibility for the accident, the family’s recovery may be reduced by their percentage of fault. If they were more than 50% responsible, recovery is generally barred.
However, the rule barring recovery when someone is more than 50% at fault does not apply to wrongful death claims arising from medical negligence.
How Much Is a Wrongful Death Case Worth in Florida?
There is no average or standard value. The value depends on factors such as the deceased person’s age, income, expected financial support, medical and funeral expenses, surviving family members, and the losses those survivors experienced.
How Long Does a Wrongful Death Case Take?
The timeline depends on the case’s complexity. Investigating the death, consulting experts, identifying responsible parties, evaluating damages, negotiating with insurers, and, when necessary, pursuing a lawsuit can all affect how long the case takes.
Can You File a Wrongful Death Claim After a Fatal Car Accident?
Yes. If another driver’s negligence caused a fatal crash in West Palm Beach, the personal representative may pursue a wrongful death claim on behalf of eligible survivors and the estate. These cases may involve speeding, distracted driving, impairment, failure to yield, or other negligent driving.
Can You Sue a Hospital for Wrongful Death in Florida?
Yes, when medical negligence caused or contributed to the patient’s death. A wrongful death claim involving medical malpractice requires evidence that a healthcare provider failed to meet the applicable standard of care and that the failure caused the death. A poor medical outcome by itself does not establish malpractice.
Do Most Wrongful Death Cases Settle?
Many wrongful death claims resolve through a settlement, but settlement is not guaranteed or appropriate in every case. We evaluate the evidence, damages, and available insurance coverage, and prepare the case accordingly, including litigation when a fair resolution cannot be reached.
What If More Than One Person or Company Caused the Death?
A wrongful death claim can involve multiple responsible parties. For example, a fatal truck accident could involve both a negligent driver and a trucking company. We investigate each potential source of liability and the insurance coverage that may apply.
What Is the Difference Between Wrongful Death and a Criminal Case?
A wrongful death lawsuit is a civil case that seeks compensation for the estate and eligible survivors. The government brings a criminal case, which may result in criminal penalties. A family may have a wrongful death claim even if prosecutors do not file criminal charges.
What Evidence Can Help Prove a Wrongful Death Claim?
The evidence depends on how the death occurred. Police reports, photographs, video, electronic data, witness statements, medical records, employment and financial records, and expert analysis may all help establish liability and document the family’s losses.
Get Answers After the Wrongful Death of a Loved One in West Palm Beach
When a family member dies unexpectedly, you should not have to rely on an insurance company, hospital, trucking company, or other potentially responsible party to explain what happened.
For more than thirty years, Gregg Hollander has represented individuals and families in complex cases involving fatal accidents, medical malpractice, and other acts of negligence. We take the time to investigate the circumstances surrounding a death, examine the evidence, and determine who may be held responsible under Florida law.
If you believe negligence contributed to the loss of someone you love, speak with a West Palm Beach wrongful death lawyer at Hollander Law Firm. We can review what happened, answer your questions, and explain the next steps available to your family.
Contact us online or call (561) 347-7770 today to schedule a free consultation. You pay no attorney fees unless we recover compensation for you.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
- Florida Revised Statutes §95.11 (2026) Statute of Limitations
- Florida Revised Statutes §768.81 (2026) Comparative Negligence
- Florida Revised Statutes §768.21 (2026) Wrongful Death
- Florida Revised Statutes §768.18 (2026) Definitions
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Hollander Law Firm Personal Injury & Medical Malpractice Lawyers
319 Clematis St #203, West Palm Beach, FL 33401
Phone: 561-347-7770
Hours: Open 24 hours daily
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