Delray Beach Wrongful Death Lawyer

Losing a family member to someone else’s negligence is devastating. Insurance companies move quickly to limit what they pay, and families deserve someone who will fight just as hard for them.

Plaintiff-focused wrongful death attorneys pursuing full compensation for grieving families across Delray Beach, FL and Palm Beach County.

When someone dies because of another party’s careless or wrongful conduct, Florida law allows the decedent’s personal representative to pursue a wrongful death claim for the benefit of eligible survivors and the estate. A wrongful death lawyer at Jacobson Injury Firm in Delray Beach works with families to build strong claims, confront insurance companies that try to minimize those losses, and pursue accountability for the person or entity responsible. Contact us for a free consultation to understand what options are available to your family.

Wrongful Death Lawyer Delray Beach, FL

A wrongful death claim is a type of civil action that may arise when a person dies due to the negligence, recklessness, or intentional misconduct of another party. Under Florida law, the action is brought by the decedent’s personal representative for the benefit of eligible statutory survivors and the estate.

The Florida Wrongful Death Act, codified at Florida Statutes sections 768.16 through 768.26, defines what constitutes a wrongful death, who may recover damages, and what types of compensation are available. The Act is the exclusive framework for these claims in Florida, and understanding how it applies to your family’s specific circumstances is an important first step.

Common Causes of Wrongful Death in Delray Beach

Wrongful death cases in Delray Beach can arise from many types of accidents and incidents, including:

• Car accidents. Collisions caused by speeding, distracted driving, impaired driving, or failure to yield can result in fatal injuries on Delray Beach roads, including Federal Highway, Atlantic Avenue, and Military Trail.
• Truck accidents. Crashes involving commercial trucks often result in catastrophic injuries due to the size and weight of the vehicles, and may involve multiple liable parties including the driver, the trucking company, and the cargo loader.
• Motorcycle accidents. Riders are particularly vulnerable to fatal injuries in collisions caused by drivers who fail to see them or misjudge their speed.
• Pedestrian accidents. Pedestrians struck by vehicles in parking lots, crosswalks, and along Delray Beach roadways can suffer fatal or catastrophic injuries.
• Premises liability. Falls, pool accidents, inadequate security incidents, and other hazardous property conditions can result in death when property owners fail to maintain a safe environment.
• Dog attacks. Severe dog bite injuries, particularly involving vulnerable individuals, can be fatal and may support a wrongful death claim against the animal’s owner.
• Medical malpractice. Deaths caused by a healthcare provider’s failure to meet the accepted standard of care, including surgical errors, misdiagnosis, and medication mistakes, may give rise to a wrongful death action.
• Defective products. Fatal injuries caused by a defective vehicle part, dangerous consumer product, or faulty medical device may support a claim against the manufacturer or distributor.

Who Can File a Wrongful Death Claim in Florida?

Under Florida Statute 768.20, only the personal representative of the deceased’s estate may file a wrongful death lawsuit in Florida. Individual family members cannot bring separate actions. The personal representative files a single lawsuit on behalf of the estate and all eligible surviving family members, known as statutory survivors.

Statutory survivors who may be entitled to recover damages include:

• Surviving spouse. A surviving spouse may recover for loss of the decedent’s companionship and protection and for mental pain and suffering. Lost support and services may also be recoverable as provided by Florida law.
• Children. Minor children may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. If there is no surviving spouse, all children of the decedent may be eligible for these damages. Lost support and services may also be available as provided by Florida law.
• Parents. Each parent of a deceased minor child may recover for mental pain and suffering. A parent of an adult child may recover for mental pain and suffering when there are no other statutory survivors. Other damages may depend on the parent’s status as a survivor and the facts of the case.
• Dependent blood relatives. Other blood relatives or adoptive siblings who were at least partially dependent on the deceased for financial support may also qualify as beneficiaries under the Act.

The personal representative may also pursue damages on behalf of the estate. Depending on the circumstances, estate damages may include certain lost earnings or net accumulations and medical or funeral expenses that became obligations of the estate or were paid by or on behalf of the decedent. Florida Statute 768.21 sets out the available categories of damages.

Why Choose Jacobson Injury Firm as Your Wrongful Death Lawyer in Delray Beach, FL?

Prepared to Take On Insurance Companies

Adam Jacobson approaches every wrongful death claim with a litigation-driven mindset and prepares each matter as though it will reach a courtroom. Insurance carriers routinely undervalue wrongful death claims, particularly for future losses that are difficult to quantify, and a demonstrated willingness to take cases to trial is what creates meaningful pressure to settle fairly. He earned his law degree from Florida International University College of Law and is admitted in Florida, New York, Connecticut, and Illinois.

Results Across Serious Injury and Death Cases

Mr. Jacobson has recovered millions of dollars for clients across a range of personal injury matters. Wrongful death cases often involve complex damages calculations that extend years into the future, and the firm accounts for lost earnings, future financial support, loss of companionship, and other long-term losses when building the demand.

Understanding Wrongful Death Claims in Florida

The Two-Year Filing Deadline

Florida generally requires an action for wrongful death to be commenced within two years under Florida Statute § 95.11(5)(e). Missing the applicable deadline can bar the claim. Different or additional rules may apply when the death involves medical malpractice, a government defendant, an intentional tort covered by a statutory exception, or other special circumstances. Contacting an attorney as early as possible helps protect the family’s legal options.

Damages Available in a Florida Wrongful Death Case

The damages available in a wrongful death case depend on who the statutory survivors are and the specific facts of each case. Under Florida Statute 768.21, recoverable damages may include:

• Loss of financial support the deceased would have provided to the family.
• Loss of services, guidance, and parental or spousal companionship.
• Mental pain and suffering experienced by surviving family members.
• Medical and funeral expenses paid by survivors or the estate.
• Lost earnings and future net accumulations belonging to the estate.
• Loss of protection and companionship for a surviving spouse.

Negligence and Liability in Wrongful Death Cases

To succeed in a wrongful death claim based on negligence, the personal representative generally must establish that the defendant owed the decedent a duty of care, breached that duty, and caused the fatal injury. Other wrongful death claims may arise from different legal theories, including intentional misconduct or product liability. When multiple defendants may be responsible, each party’s potential liability must be evaluated separately.

Key Considerations in a Wrongful Death Case

• Identifying all liable parties. In many wrongful death cases, more than one party shares responsibility for the death. Identifying all potential defendants early, including employers, property owners, and product manufacturers, protects the full value of the claim.
• Preserving evidence. Physical evidence, surveillance footage, vehicle data, and witness statements can disappear quickly after an accident. Securing them promptly through an attorney is critical to building a strong case.
• Insurance policy limits. Available insurance coverage can significantly affect the practical sources of recovery. An attorney can identify potentially applicable policies, including uninsured or underinsured motorist coverage in qualifying motor-vehicle cases, and evaluate other legally responsible parties or sources of compensation.
• The role of comparative fault. In negligence actions to which Florida Statute § 768.81 applies, fault attributed to the deceased can reduce the damages recoverable, and a party found more than 50 percent at fault for their own harm may be barred from recovering damages. The greater-than-50-percent bar does not apply to wrongful death claims arising from medical negligence under chapter 766, and different rules may apply to claims based on other legal theories.
• Estate administration. Because the wrongful death lawsuit must be filed by the personal representative, families should ensure the estate is properly opened through the Florida probate system, or consult with an attorney about how to proceed if no estate has been established.

What Types of Wrongful Death Cases We Handle in Delray Beach

• Car accident wrongful death claims arising from fatal collisions in Palm Beach County.
• Truck accident wrongful death cases involving commercial vehicles and multiple liable parties.
• Motorcycle accident wrongful death claims for riders killed by negligent drivers.
• Pedestrian accident wrongful death cases involving fatal strikes in crosswalks, parking lots, and along Delray Beach roadways.
• Premises liability wrongful death claims arising from hazardous property conditions.
• Rideshare accident wrongful death cases involving Uber or Lyft vehicles.

Types of Evidence Used in Wrongful Death Cases

1. The accident or incident report. Police crash reports, incident reports, and any citations issued provide an independent contemporaneous account of what happened.
2. Surveillance and traffic camera footage. Video from the scene, nearby businesses, or other cameras may capture the events that led to the death. This footage may be overwritten or lost if it is not preserved promptly.
3. Medical records. Records documenting the deceased’s injuries, treatment, and cause of death are foundational to establishing that the defendant’s conduct caused the fatal outcome.
4. Accident reconstruction. In complex cases, an expert may reconstruct the sequence of events to establish how the incident occurred and identify the responsible party.
5. Financial and employment records. Documentation of the deceased’s earnings, benefits, and financial contributions to the family establishes the economic losses the family has suffered.
6. Witness statements. Independent accounts from bystanders, coworkers, or other witnesses provide important context about what happened and who was responsible.
7. Cell phone and electronic records. In vehicle accident cases, phone records and event data recorders can establish distracted or reckless driving in the moments before the fatal crash.
8. Expert testimony. Medical experts, economists, and other specialists may be needed to quantify future losses and explain the cause and nature of the fatal injuries to a jury.

Delray Beach Wrongful Death Lawyer FAQs

Who can file a wrongful death lawsuit in Florida?

Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida under Florida Statute 768.20. Individual family members cannot file separate claims. The personal representative brings one action on behalf of the estate and all eligible statutory survivors, which may include a surviving spouse, children, parents, and certain dependent relatives.

How long does a family have to file a wrongful death claim in Florida?

Florida generally requires an action for wrongful death to be commenced within two years under Florida Statute § 95.11(5)(e). Missing the applicable deadline can bar the claim. Medical malpractice, government-defendant cases, certain intentional torts, and other special circumstances may involve different or additional rules, so contacting an attorney promptly is important.

What compensation can a family recover in a Florida wrongful death case?

Recoverable damages vary depending on the statutory survivors and the specific facts of the case. Eligible survivors may recover categories such as lost support and services and, when authorized by Florida Statute 768.21, loss of companionship, guidance, and mental pain and suffering. The estate may separately recover certain damages permitted by the statute, including specified lost earnings or net accumulations and qualifying medical or funeral expenses.

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil action brought by the decedent’s personal representative for the benefit of eligible survivors and the estate. A criminal case is brought by the government to seek punishment for an alleged offense. The two proceedings can exist independently, and a criminal conviction is not required for a civil wrongful death claim to proceed. The burdens of proof also differ between civil and criminal cases.

Can a family recover if the deceased was partly at fault?

Possibly. In negligence actions to which Florida Statute § 768.81 applies, fault attributed to the deceased can reduce the damages recoverable. A party found more than 50 percent at fault for their own harm may be barred from recovering damages under that statute, but the greater-than-50-percent bar does not apply to wrongful death claims arising from medical negligence under chapter 766. The applicable rule depends on the legal theory and facts of the case.

What if the at-fault party does not have enough insurance?

When the at-fault party’s insurance limits are not sufficient to cover the family’s losses, uninsured or underinsured motorist coverage may provide an additional source of recovery in qualifying motor-vehicle cases. An attorney can identify potentially applicable insurance policies, other legally responsible parties, and additional sources of compensation that may be available.

How much does a wrongful death lawyer cost?

Jacobson Injury Firm handles wrongful death cases on a contingency fee basis. There are no upfront costs and no attorney’s fees unless the firm recovers compensation for the family. The percentage is agreed upon in writing before any work begins, and the first consultation is completely free.

How long does a wrongful death case take?

The timeline depends on the complexity of the case, the strength of the evidence, and the willingness of the insurance carrier or defendant to negotiate a fair resolution. Cases that settle without litigation typically resolve faster than those that go to trial. Fatal injury cases often involve significant damages and are contested more heavily by insurers, which can extend the process. An attorney can give a more accurate estimate after reviewing the specific circumstances.

Important Resources for Delray Beach Wrongful Death Cases

• Delray Medical Center is a local hospital that may provide emergency and critical care for people with serious injuries. (561) 498-4440.
• Delray Beach Police Department is a local law-enforcement resource for incidents within its jurisdiction. Depending on the circumstances, police reports and other investigative records may become relevant to a wrongful death claim. (561) 243-7888.
• Florida Highway Safety and Motor Vehicles provides access to official traffic crash reports and other motor-vehicle safety information statewide.
• Palm Beach County Medical Examiner Office investigates qualifying deaths within its jurisdiction and may prepare records relevant to a wrongful death case. (561) 688-4400.

Please note: Jacobson Injury Firm is not affiliated with these organizations and does not endorse any of them. This list is informational only.

About Jacobson Injury Firm

Founded in 2020 by Adam Jacobson, Jacobson Injury Firm has represented injured clients and grieving families across South Florida in serious personal injury and wrongful death matters. Mr. Jacobson takes cases on personally, prepares each claim as though a jury will decide it, and has recovered millions for clients. Wrongful death cases carry some of the highest stakes the firm handles, and the attention each family receives reflects that.

What Our Clients Say

“Jacobson Law Offices was professional, responsive, and truly cared about my case. They explained everything clearly and delivered great results. I highly recommend them to anyone needing a dedicated and trustworthy lawyer.”, Isaac Mendes

Read more reviews on the firm’s Google Business Profile.

Further Reading

• How Car Accidents Can Affect Your Health Long After the Crash
• Car Accident Pain and Suffering in Florida
• Building a Strong Boynton Beach Injury Claim
• How Strong Is Your Personal Injury Case?

Contact Jacobson Injury Firm

Losing a family member to someone else’s negligence is an experience no family should have to face, and navigating a legal claim in the middle of grief is an added burden no one should carry alone. Jacobson Injury Firm represents families across Delray Beach and the surrounding South Florida area in wrongful death matters, working on a contingency-fee basis so there is no cost unless a recovery is secured. The first consultation is free. Contact us today to speak with a Delray Beach wrongful death lawyer.