Wrongful Death Lawyer Boca Raton, FL

Losing a family member because of someone else’s carelessness is devastating, and no legal claim can undo that loss. What a claim can do is hold the responsible party accountable and ease the financial strain a family faces while grieving. A wrongful death lawyer in Boca Raton, FL can explain who has the right to bring a claim, what Florida law allows the family to recover, and how much time remains to act. Jacobson Injury Firm represents families in Boca Raton and southern Palm Beach County who have lost a loved one. Contact the firm for a free, confidential consultation.

How Wrongful Death Claims Work in Florida

Florida’s Wrongful Death Act, found in sections 768.16 through 768.26 of the Florida Statutes, sets the rules for these cases. Under Florida Statute 768.19, a wrongful death claim exists when a person dies because of another’s wrongful act, negligence, or breach of contract or warranty, and the person could have sued for the injury had they survived.

Family members do not file the case individually. Florida Statute 768.20 requires the claim to be brought by the decedent’s personal representative. This is the person named in the will to manage the estate or, if there is no will, the person appointed by the probate court. The personal representative pursues damages on behalf of both the estate and the surviving family members.

Florida law defines who counts as a survivor. Under Florida Statute 768.18, survivors include:

• The decedent’s spouse
• The decedent’s children
• The decedent’s parents
• Blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the decedent for support or services

The same statute treats children under 25 as “minor children” for wrongful death purposes, even though the age of majority is 18. That age line affects what each child may recover.

Why Fatal Accidents Happen in Boca Raton

Many wrongful death cases in Boca Raton begin on the road. City crash data for 2018 through 2023, reported by The Coastal Star, showed 95 crashes involving death or serious injury per 100,000 residents, compared with 62 for Palm Beach County overall. Pedestrians were involved in 20% of crashes.

The same data showed that state and county roads, such as Federal Highway, Glades Road, and Palmetto Park Road, make up about 14% of the city’s road network but account for 67% of serious crashes. The city’s Vision Zero effort aims to reduce these deaths and severe injuries. Critically injured people in south Palm Beach County are often taken to Delray Medical Center, the area’s Level I trauma center.

Common Causes of Wrongful Death Claims

Jacobson Injury Firm handles wrongful death claims arising from many kinds of incidents, including:

• Car, motorcycle, and pedestrian crashes on Boca Raton roads and I-95
• Truck accidents involving commercial vehicles and delivery fleets
• Drunk driving crashes caused by impaired drivers
• Medical negligence, such as surgical errors, misdiagnosis, or medication mistakes
• Unsafe property conditions, including falls, drownings, and inadequate security
• Construction site and workplace incidents involving a negligent third party
• Defective products

What Damages Can Families Recover?

Florida Statute 768.21 lists the damages available in a wrongful death case. Some belong to individual survivors, and some belong to the estate.

Survivors may recover:

• Lost support and services. The value of the financial support and household services the decedent would have provided, both up to the date of death and in the future.
• A surviving spouse’s losses. The loss of companionship and protection, plus mental pain and suffering.
• Minor children’s losses. Lost parental companionship, instruction, and guidance, plus mental pain and suffering. If there is no surviving spouse, all children may recover these damages.
• Parents’ losses. Parents of a deceased minor child may recover for mental pain and suffering. Parents of an adult child may recover these damages only if there are no other survivors.
• Medical and funeral expenses that a survivor paid.

The estate may recover the decedent’s lost earnings from the date of injury to death, medical and funeral expenses the estate paid, and in some cases “net accumulations.” Net accumulations are the savings the decedent likely would have left behind after a normal life span. The firm’s guide to damages in Florida explains these categories further.

Medical Negligence Deaths and Shared Fault

Florida places a significant limit on wrongful death claims caused by medical negligence. Under section 768.21(8), adult children cannot recover for lost companionship or mental pain and suffering when a parent dies from medical negligence. Parents also cannot recover for mental pain and suffering when an adult child dies from medical negligence.

Because “minor children” means under 25, this restriction affects children 25 and older. These family members may still be able to recover economic losses, such as lost support or medical and funeral bills they paid.

As of October 2026, this restriction remains Florida law. The Legislature passed a repeal in 2025, but the Governor vetoed it on May 29, 2025. A 2026 repeal bill passed the Florida House but died in the Senate. Medical negligence claims also require a presuit investigation and a notice of intent under Florida Statute 766.106 before a lawsuit can be filed.

Shared fault can also matter. Under Florida Statute 768.81, the defense may argue that the person who died was partly to blame, which can reduce or bar recovery in most negligence cases. The firm’s page on comparative fault explains how fault is divided.

What Should a Family Do After a Wrongful Death?

Families are often overwhelmed in the first weeks after a loss. A few steps can protect a future claim without adding to the burden:

• Keep records. Save medical bills, funeral invoices, pay stubs, tax returns, and any letters from insurance companies.
• Request reports. Crash reports, police reports, and medical records help show how the death happened.
• Preserve evidence. Photos, vehicle data, surveillance footage, and witness names can be lost quickly.
• Be careful with insurers. An insurance adjuster may call soon after the death. Family members do not have to give a recorded statement or sign anything before getting legal advice.
• Address the estate. A personal representative must be in place to file the claim. A wrongful death lawyer in Boca Raton, FL can help coordinate this with the probate process.

How Long Do Families Have to File a Wrongful Death Claim in Florida?

Under Florida Statute 95.11(5)(e), a wrongful death action must generally be filed within two years. The clock usually starts on the date of death. Deaths caused by medical negligence involve their own rules and presuit steps, so the timing in those cases needs careful review.

Two years can pass quickly while a family is grieving and settling an estate. The firm’s overview of the Florida statute of limitations covers related deadlines.

No Fee Unless We Win

Jacobson Injury Firm handles wrongful death cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation for the family.

Families work directly with attorney Adam Jacobson, who is licensed in Florida, New York, Connecticut, and Illinois. The firm represents only injured people and their families. He prepares each case as if it may go to trial.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Florida?

Only the decedent’s personal representative can file. The personal representative brings one claim on behalf of the estate and all eligible survivors, such as a spouse, children, and parents.

Can adult children recover damages for a parent’s death?

Yes, in most cases. If there is no surviving spouse, adult children may recover for lost companionship and mental pain and suffering. The main exception is a death caused by medical negligence, where Florida law currently bars those damages for adult children 25 and older.

Does a criminal case affect a wrongful death claim?

A wrongful death claim is a civil case and is separate from any criminal charges. A family may pursue compensation even if the at-fault person is never charged or is found not guilty.

How is a wrongful death settlement divided?

Damages are awarded to specific survivors and to the estate based on the categories in section 768.21. Amounts recovered by the estate may be subject to valid creditor claims.

How much does a wrongful death lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Families pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Wrongful Death Lawyer in Boca Raton, FL

A grieving family should not have to face insurance companies and court deadlines alone. A wrongful death lawyer in Boca Raton, FL can investigate what happened, explain the family’s rights under Florida law, and pursue full compensation. Call (561) 567-7163 or contact Jacobson Injury Firm to schedule a free, confidential consultation.