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We Handle:
- Pedestrian Accidents
- Product Liability
- Road Accidents
- Workplace Accidents
- Aviation Accidents
- Swimming Pool Accidents
- Truck Accidents
- Bicycle Accidents
- Birth Injuries
- Boating Accidents
- Bus Accidents
- Spinal Cord Injuries
- Brain Injuries
- Catastrophic Injuries
- Dog Bites
- Drunk Driving
- Car Accidents
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Child Injury
- Holiday Tripping Accidents
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South Florida Wrongful Death Attorney
Losing someone you love is devastating under any circumstance. When that loss happens because of another person’s carelessness, recklessness, or intentional wrongdoing, the grief is often compounded by anger, confusion, and financial strain. Florida law gives surviving families a path to hold the responsible party accountable and recover compensation for what they’ve lost.
I’m Mark Schiffrin, and I’ve represented South Florida families in personal injury and wrongful death matters since 1983. I understand that no settlement or verdict can bring back a spouse, parent, or child. What I can do is take the legal burden off your shoulders, investigate what happened, and pursue full compensation while you focus on your family.
Call 954-961-2082 for a free, no-pressure consultation.
What Qualifies as Wrongful Death in Florida?
Under the Florida Wrongful Death Act, a death qualifies as “wrongful” when it results from the negligence, recklessness, or intentional conduct of another party. The claim is separate from any criminal case and is filed as a civil action seeking monetary damages for the family and the estate.
Cases I handle regularly include deaths caused by:
- Car, motorcycle, truck, and pedestrian accidents
- Medical malpractice or surgical errors
- Nursing home neglect or abuse
- Defective products or unsafe machinery
- Construction and workplace accidents
- Boating accidents
- Fatal slip and fall incidents
- Drunk or distracted driving
- Criminal acts of violence
If your family member’s death was preventable and caused by someone else’s actions, you may have grounds for a claim.
Who Can File a Wrongful Death Claim?
Florida law requires that a wrongful death claim be filed by the personal representative of the deceased’s estate, typically named in a will or appointed by the probate court. The recovery, however, is intended for the benefit of surviving family members, which can include:
- A surviving spouse
- Children of the deceased
- Parents of the deceased (particularly if the deceased was a minor)
- Other relatives who were partly or wholly dependent on the deceased for support
If you’re unsure whether you or a family member qualifies to bring a claim, that’s one of the first things we sort out together during a consultation.
What Compensation Can a Wrongful Death Claim Recover?
Every case is different, but Florida law allows surviving families to pursue damages for both the financial and personal impact of their loss, including:
- Medical bills related to the final injury or illness
- Funeral and burial expenses
- Lost wages and loss of future financial support
- Loss of the deceased’s companionship, guidance, and protection
- Mental anguish and emotional suffering of surviving family members
- Pain and suffering endured by the deceased prior to death, recoverable by the estate
We work to build a complete picture of what your family has lost, not just the bills that arrived in the mail, so that any settlement or verdict reflects the full weight of what happened.
Florida’s Time Limits on Wrongful Death Claims
Florida law places strict deadlines on when a wrongful death claim can be filed. Waiting too long can permanently bar your family from recovering compensation, regardless of how clear the negligence was. Beyond the legal deadline, evidence disappears, witnesses’ memories fade, and insurance companies use delay to their advantage. The sooner a case is investigated, the stronger it tends to be.
How I Handle Wrongful Death Cases
A wrongful death claim requires careful legal work at a time when a family is least equipped to handle it. Here’s what I take on:
Investigation. I gather police reports, medical records, witness statements, and, when needed, accident reconstruction or expert testimony to establish exactly how and why the death occurred.
Identifying every liable party. Sometimes more than one person, business, or entity shares responsibility. Missing a liable party can mean missing out on compensation your family is owed.
Negotiating with insurance companies. Insurers regularly try to minimize or delay payouts on wrongful death claims. I handle every conversation with them so your family doesn’t have to.
Calculating the full value of the claim. This includes losses that aren’t obvious at first, like the long-term financial impact of losing a spouse’s income or a parent’s care for young children.
Trial preparation. Most cases settle, but I prepare every case as though it will go to trial. If an insurer won’t offer a fair settlement, I’m ready to take the case in front of a jury.
Areas I Serve
I represent families throughout:
- Hollywood, Florida
- Fort Lauderdale
- Miami
- Pembroke Pines
- Miramar
- Aventura
- Hallandale Beach
- Broward County
- Miami-Dade County
If you’ve lost a loved one due to someone else’s actions in any of these communities, I’m here to help.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Florida? The personal representative of the deceased’s estate files the lawsuit, on behalf of the surviving spouse, children, parents, and other qualifying dependents.
How long do I have to file a wrongful death claim in Florida? Florida law sets a specific deadline for filing, and missing it can bar your family from recovering any compensation. It’s best to speak with an attorney as soon as possible after a loss to protect your rights.
What damages can my family recover? Depending on the circumstances, families may recover medical and funeral expenses, lost income and financial support, loss of companionship, and compensation for the deceased’s pain and suffering before death.
Do I need a lawyer for a wrongful death claim? You’re not required to have one, but insurance companies and defense attorneys have teams working to limit what they pay out. Having your own advocate levels the playing field and ensures nothing is left on the table.
How much does it cost to hire a wrongful death attorney? During your free consultation, I’ll walk you through exactly how my fees work so you know what to expect before deciding how to move forward.
Speak with a Wrongful Death Lawyer Today
If you believe your loved one’s death was caused by negligence, don’t wait to speak with an attorney. Time limits apply to wrongful death cases in Florida, and early legal action can help preserve evidence and protect your rights.
Contact me for a free, compassionate consultation. I’ll listen to your story, answer your questions, and guide you toward the justice your family deserves.