Boca Raton Wrongful Death Lawyer
Losing a family member because of someone elseās negligence can leave you searching for answers about what happened and what comes next.
A Boca Raton wrongful death lawyer can investigate the circumstances surrounding the death, identify who may be legally responsible, and help your family understand its rights under Florida law.
At Hollander Law Firm, we represent families in wrongful death cases involving serious motor vehicle crashes, commercial truck accidents, medical malpractice, and other forms of negligence. For more than 30 years, attorney Gregg Hollander has handled significant injury and wrongful death cases in South Florida, including cases requiring extensive investigation, medical review, and expert analysis.
If you lost a loved one because of another partyās actions, we can review what happened and explain the legal options available to your family.
Send us an online message or call (561) 347-7770 today for a free, no-obligation consultation.
When Can a Family File a Wrongful Death Claim in Boca Raton?
Under Florida law, a wrongful death claim may arise when a person dies because of another partyās wrongful act, negligence, default, or breach of contract or warranty. In practical terms, the question is often whether the person who died would have been able to pursue a personal injury claim if they had survived.
For example, a wrongful death claim may result from a driver causing a fatal collision, a trucking company or commercial driver failing to follow applicable safety requirements, or a healthcare providerās medical negligence causing a patientās death.
Establishing that a death occurred because of negligence is only part of the analysis. A wrongful death case must also establish the connection between the negligent conduct and the death. That can become particularly complicated when a person had significant injuries, underlying medical conditions, or received treatment from multiple healthcare providers before dying.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida handles wrongful death claims differently from states that allow individual family members to file their own lawsuits. The personal representative of the deceased personās estate brings the wrongful death action on behalf of the estate and eligible survivors.
The personal representative is typically identified in the personās will. If there is no will or no designated representative who can serve, the probate court may appoint someone to administer the estate.
Floridaās Wrongful Death Act identifies which family members may qualify as āsurvivors.ā
Depending on the circumstances, survivors can include:
- A surviving spouse,
- Children, and
- Parents.
Depending on the circumstances, certain blood relatives or adoptive siblings who were partly or wholly dependent on the deceased person for support or services may also be eligible.
The relationship between the person who died and the surviving family members matters because Florida law does not provide every survivor with the same right to recover every type of damage. It also places special limitations on certain noneconomic damages in medical malpractice wrongful death cases when an adult loses a parent or a parent loses an adult child.
A skilled Boca Raton wrongful death attorney will evaluate the family relationships, estate, and circumstances of the death before determining which damages may be available.
What Compensation May Be Available After a Wrongful Death?
Florida law allows eligible survivors and the deceased personās estate to recover certain losses caused by a wrongful death. What may be recovered depends in part on the survivorās relationship to the person who died.
Depending on the circumstances, damages may include:
- Lost support and services, including income and household contributions the deceased person would have provided;
- Medical and funeral expenses paid by eligible survivors or the estate;
- Loss of companionship and protection for a surviving spouse;
- Loss of parental companionship, instruction, and guidance for qualifying children;
- Mental pain and suffering for certain surviving family members; and
- Losses to the estate, including certain lost earnings and other damages permitted under Florida law.
Some of the most significant losses extend far into the future. Economists and other experts may be needed to evaluate lost income, benefits, support, and services over time.
What Types of Accidents Can Lead to Wrongful Death Claims in Boca Raton?
Wrongful death claims in Boca Raton can arise from serious crashes, medical negligence, and other preventable incidents. Where the death occurred can also affect the investigation, including which records, witnesses, agencies, and other evidence may be important.
Commercial Truck Accidents
Fatal crashes involving tractor-trailers and other commercial vehicles can present issues that do not exist in a typical passenger vehicle collision. The investigation may involve the driverās hours of service, electronic logging data, vehicle maintenance, hiring and training practices, cargo loading, and the actions of the trucking company or other businesses involved in the operation.
Medical Malpractice
A patientās death does not necessarily mean medical malpractice occurred. The central question is whether a healthcare provider failed to meet the applicable standard of care and that failure caused or substantially contributed to the patientās death.
Wrongful death cases involving medical negligence can arise from delayed diagnoses, surgical or anesthesia errors, failures to recognize a deteriorating patient, medication errors, and failures to diagnose or appropriately treat serious conditions such as cancer, stroke, sepsis, or a heart attack.
Fatal Car Accidents
A fatal collision may result from speeding, distracted driving, impaired driving, failure to yield, or other dangerous driving behavior. In some cases, responsibility extends beyond the driver who caused the crash.
When a collision results in a death, we look closely at how it occurred. Evidence such as vehicle data, surveillance footage, photographs, witness accounts, cell phone records, and crash reconstruction may help establish what happened in the seconds before impact.
What Are Examples of Wrongful Death Cases That Can Occur in Boca Raton?
Fatal Crashes on I-95 or Floridaās Turnpike.
A collision involving a passenger vehicle, tractor-trailer, or other commercial vehicle may require crash reconstruction, vehicle data, trucking records, surveillance footage, and roadway evidence.
Serious Collisions on Major Boca Raton Roads
Glades Road, Palmetto Park Road, Federal Highway, and Yamato Road carry substantial local traffic. A fatal crash may involve speeding, distracted driving, an unsafe turn, failure to yield, or another form of driver negligence.
Failure to Diagnose a Medical Emergency
A patient treated at Baptist Health Boca Raton Regional Hospital or another local medical facility may have symptoms of a stroke, heart attack, sepsis, or another time-sensitive condition.
Deaths Following Surgery or Hospital Care
Fatal medical malpractice cases may involve surgical or anesthesia errors, an unrecognized complication, or a failure to respond when a patientās condition deteriorates. Medical records and the treatment timeline can help determine what occurred and which providers were involved.
Injuries Followed by Treatment at Multiple Facilities
Someone critically injured in Boca Raton may receive emergency care locally before being transferred elsewhere in South Florida. Reconstructing the complete medical timeline can require records from emergency responders, hospitals, physicians, specialists, and other providers.
How Does Hollander Law Firm Investigate a Wrongful Death Claim?
Wrongful death cases often require more than identifying the event that immediately caused a personās death. We look at the circumstances leading up to it, the people or businesses involved, and the evidence that can explain why it happened.
In a fatal crash, that may mean examining vehicle data, video, witness accounts, and commercial records. In a medical malpractice case, it can require reconstructing a patientās treatment timeline and working with qualified medical experts to determine whether different care probably would have changed the outcome.
We also evaluate the losses suffered by eligible survivors and the estate. That can require financial records, employment information, and a careful assessment of the support and services the deceased person provided.
For more than 30 years, Gregg Hollander has handled serious cases where the outcome depends on getting the details right. We approach wrongful death claims the same way: Investigate carefully, follow the evidence, and build the case around what actually happened.
Frequently Asked Questions About Wrongful Death Claims in Boca Raton
How Long Do I Have to File a Wrongful Death Lawsuit in Florida?
In most cases, Florida gives the personal representative two years from the date of death to file a wrongful death lawsuit. Different rules can apply in certain cases, including claims involving medical malpractice or government entities. Because evidence can disappear long before the legal deadline, it is generally important to investigate a potential claim as soon as possible.
What Happens If My Loved One Was Partly Responsible for the Accident?
Florida follows a modified comparative negligence rule for most negligence claims. If the deceased person is found partly responsible, that can reduce the damages recoverable in the wrongful death case. Under current Florida law, a party found more than 50% at fault generally cannot recover damages in an ordinary negligence action. Medical negligence claims are treated differently and are excluded from that 51% bar.
Disputes over comparative fault are one reason evidence matters. An insurance company may argue that the person who died contributed to the accident, making photographs, video, witness accounts, vehicle data, and other evidence particularly important.
Does a Wrongful Death Case Have to Go Through Probate in Florida?
A wrongful death action is brought by the personal representative of the deceased personās estate on behalf of the estate and eligible survivors. If an estate has not already been opened, probate proceedings may therefore be necessary so that a personal representative has authority to pursue the claim.
Probate and the wrongful death case serve different purposes, but they can overlap. The personal representative has responsibilities involving both the estate and the wrongful death action, while Florida law determines which damages belong to eligible survivors and which the estate may recover.
Can More Than One Person or Company Be Responsible for a Wrongful Death?
Yes. Some wrongful death cases involve several potentially responsible parties. A fatal commercial truck accident could involve a driver, trucking company, maintenance contractor, or another motorist. A medical malpractice case could involve physicians, nurses, specialists, or healthcare entities whose separate actions contributed to the outcome.
Identifying every potentially responsible party requires looking at the entire sequence of events rather than assuming the person or business most immediately connected to the death is solely responsible.
Can I File a Wrongful Death Claim After Medical Malpractice in Boca Raton?
Potentially. A wrongful death claim may arise when medical negligence causes a patientās death. Examples can include a failure to diagnose cancer, stroke, sepsis, or a heart attack, as well as surgical errors, anesthesia errors, and failures to respond appropriately when a patientās condition deteriorates.
An adverse medical outcome alone does not establish malpractice. These cases generally require review by qualified medical experts to determine whether a healthcare provider departed from the applicable standard of care and whether that failure caused the patientās death. Medical malpractice wrongful death claims are also subject to Floridaās presuit investigation and notice requirements before a lawsuit can be filed.
What If My Loved One Died Weeks or Months After the Original Accident?
A wrongful death claim can still be possible when a person survives the initial accident but later dies from the injuries or complications associated with it. The important issue is whether the evidence can establish the required connection between the original negligence and the eventual death.
These cases may require a detailed review of the personās medical treatment between the accident and death. When other medical conditions or complications develop during that period, medical experts may be needed to evaluate what ultimately caused the death.
What Is the Difference Between a Wrongful Death Claim and a Survival Claim in Florida?
Florida generally allows legal claims to survive a personās death. However, when the injuries caused by another partyās wrongful conduct result in the personās death, Floridaās Wrongful Death Act provides that the personal injury claim does not survive. Instead, the personal representative brings a wrongful death action seeking the damages Florida law makes available to eligible survivors and the estate.
Different rules can apply when a person dies from a cause unrelated to the injuries underlying an existing personal injury claim. Determining which claims and damages remain available depends on the relationship between the original injury and the personās death.
How Much Is a Boca Raton Wrongful Death Case Worth?
There is no standard value for a wrongful death claim. The amount depends on the facts of the case, including the relationship between the deceased person and eligible survivors, lost support and services, medical and funeral expenses, the deceased personās earnings, and other damages permitted under Florida law.
Liability and available insurance or other sources of recovery can also significantly affect the case. A meaningful evaluation requires examining the circumstances of the death and the familyās losses, not applying an average settlement figure.
Do I Have a Wrongful Death Claim If No Criminal Charges Were Filed?
Possibly. A wrongful death case is a civil claim, and it does not depend on someone being arrested, charged, or convicted of a crime. A family may still have grounds for a wrongful death claim if the evidence establishes the elements required under Florida civil law.
What Evidence Can Help Prove a Wrongful Death Claim?
The evidence depends on how the death occurred. A fatal motor vehicle accident may involve crash reports, photographs, video, witness statements, vehicle data, phone records, and reconstruction evidence. Commercial truck cases can involve driver logs, maintenance records, electronic data, and company records.
Medical malpractice cases often depend heavily on medical records, diagnostic testing, treatment timelines, and expert review. Financial and employment records may also be important when documenting the losses suffered by the estate and eligible survivors.
How Long Does a Wrongful Death Case Take in Florida?
There is no single timeline. A case involving clear responsibility and sufficient insurance coverage may progress differently from one involving disputed fault, multiple defendants, complex medical causation, or substantial future financial losses.
Wrongful death cases also require careful investigation before settlement discussions can be meaningful. If the parties cannot reach an appropriate resolution, filing a lawsuit and preparing the case for trial can extend the process considerably.
Should I Speak with the Insurance Company After a Fatal Accident?
An insurance company may contact you seeking information about the accident or the person who died. Before providing a recorded statement, signing documents, or accepting a settlement, it can be helpful to understand how doing so could affect the wrongful death claim.
An insurerās investigation is focused on evaluating its own obligations under the applicable policy. A Boca Raton wrongful death attorney will independently investigate the circumstances, identify recoverable losses, and communicate with insurers on behalf of the estate and family.
Get Answers After the Wrongful Death of a Loved One in Boca Raton
When a family member dies unexpectedly, you may have questions about what happened, whether it could have been prevented, and who may be responsible. Getting those answers can require a careful investigation of the events leading to the death, particularly when the case involves medical negligence, a commercial vehicle, or other complex circumstances.
For more than 30 years, Hollander Law Firm has represented individuals and families in serious injury, medical malpractice, and wrongful death cases throughout South Florida. We take the time to examine the evidence, understand the circumstances surrounding the loss, and explain what Florida law may allow your family to do next.
If you lost a loved one because of negligence in Boca Raton, contact us online or call (561) 347-7770 to speak with a Boca Raton wrongful death lawyer. Your consultation is free, and you pay no attorney fees unless we recover compensation for you.
Visit Our Personal Injury Law Office In Boca Raton, FL
Hollander Law Firm Personal Injury & Medical Malpractice Lawyers
7000 W Palmetto Park Rd # 500
Boca Raton, FL 33433
Phone: (561) 347-7770
Hours: Open 24 hours daily
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