Table of Contents
Losing a loved one suddenly and unexpectedly is one of life’s most painful experiences. When that loss is caused by someone else’s negligence, recklessness, or wrongful act, the grief is often compounded by uncertainty, legal complexities, and financial concerns. Families may face medical costs, funeral expenses, loss of household income, and the overwhelming challenge of managing an estate during a time of intense emotional strain.
At Levin Litigation, our Hollywood wrongful death lawyers understand the difficult position families are in. We provide guidance, support, and aggressive legal advocacy to help survivors pursue justice while navigating Florida’s complex wrongful death laws. We focus on providing clear answers, practical solutions, and compassionate representation, so families can focus on healing while we handle the legal and procedural challenges.
What is Wrongful Death?
A wrongful death occurs when someone dies because of another person’s negligence, recklessness, or intentional actions. In Florida, the wrongful death statute allows families to seek compensation for the losses caused by that death, including the financial support, care, guidance, and companionship the deceased would have provided.
These claims are designed to hold responsible parties accountable and help families address both the practical and emotional impact of their loss. It’s important to understand that wrongful death claims are civil cases, which means they are separate from criminal proceedings.
Even if the person responsible is never charged with a crime, or is acquitted, families can still file a civil claim to pursue compensation. Criminal cases focus on punishing wrongdoing for society, whereas civil wrongful death claims are about helping surviving family members recover for the losses they have suffered.
Common Causes of Wrongful Death in Hollywood
Wrongful death can result from a variety of preventable incidents. Some of the most common causes in Hollywood include:
- Vehicle Accidents: Fatal car accidents, truck accidents, and motorcycle collisions. Distracted driving, speeding, and reckless behavior often contribute.
- Pedestrian and Bicycle Accidents: Fatal incidents involving pedestrians or cyclists, often caused by drivers failing to yield or being inattentive.
- Medical Malpractice: Surgical errors, misdiagnoses, delayed treatment, or medication mistakes by healthcare providers.
- Unsafe Property Conditions: Slip-and-fall accidents or poorly maintained structures that create hazardous conditions.
- Workplace Accidents: Fatal injuries on construction sites, factories, or other industrial settings where safety standards are ignored.
- Defective Products: Dangerous consumer products, including vehicles, machinery, or household items that fail to meet safety standards.
Every case is unique, and determining the exact cause of death usually requires a careful investigation to understand what went wrong and why the death could have been prevented.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, only the personal representative of the decedent’s estate can initiate a wrongful death lawsuit. This individual, often an executor or court-appointed administrator, acts on behalf of the estate and the surviving family members. Filing the claim correctly is crucial to ensuring legal rights are preserved.
Eligible survivors generally include:
- Spouses
- Children
- Parents
In certain circumstances, other dependent relatives may also be entitled to recover damages.
What Wrongful Death Damages Can Families Recover?
Families pursuing a wrongful death claim in Florida may be able to recover compensation for several types of losses. These damages are intended to help address both the financial and emotional impacts of the loss.
- Lost Financial Support and Services: Survivors can recover the income, benefits, or other contributions the deceased would have provided. This also includes the value of practical help the person provided, such as childcare, household work, or other support.
- Medical and Funeral Costs: Medical expenses related to the injury or illness that caused the death, as well as reasonable funeral or burial costs, may be recovered by family members who paid these costs.
- Loss of Companionship and Guidance: Close family members may recover for the absence of care, guidance, and emotional support. For example, a spouse may recover for lost companionship and protection, and children may recover for lost parental guidance and nurturing.
- Mental Pain and Suffering: Certain survivors, including spouses, minor children, and parents of minor children, may recover for the emotional distress caused by the unexpected death of a loved one.
- Loss of Estate Value: The personal representative of the decedent’s estate may recover for the decedent’s lost earnings between injury and death, and for the prospective net accumulations the decedent would have contributed to the estate.
The amount of compensation depends on factors such as the decedent’s age, health, occupation, and role in the family, as well as the specific ways their death affects surviving loved ones. While no amount can undo the loss, these damages are designed to help families recover financially and acknowledge the impact of their loss.
How Do You Prove Wrongful Death?
To prove a wrongful death claim in Florida, families must show three main things:
1. The Death Was Caused by Someone Else’s Actions or Negligence
This means the death could have been prevented. Evidence may include accident reports, medical records, or witness statements. Experts, such as doctors or accident reconstruction specialists, may be consulted to explain complex details.
2. The Losses Suffered by the Family
Families must demonstrate how the death affected them financially and emotionally. This can include lost income and benefits, the care and guidance the deceased provided, and the loss of companionship. Documentation like pay stubs, financial records, and testimony from family members helps establish these losses.
3. Who is Responsible
It must be clear that a specific person or entity caused the death. In some cases, more than one party may share responsibility, which can make determining liability more complex.
Proving these elements can be challenging. Evidence must be gathered and preserved quickly, timelines are strict, and insurance companies may question liability or attempt to minimize payouts. Because of this, having professional guidance early can make a significant difference in ensuring a family’s claim is properly documented and supported.
How the Hollywood Wrongful Death Lawyers at Levin Litigation Can Help
We know losing someone you love can feel overwhelming. On top of that grief, families often face insurance calls, paperwork, and legal processes that are stressful and confusing. At Levin Litigation, we take on these challenges so your family can focus on supporting each other and beginning to heal.
As a firm rooted in the Hollywood community, we understand the local courts, investigators, and medical professionals. We care deeply about the families we serve and are committed to standing with you through every step of the process. When you work with us, we can help:
- Investigate Every Angle: We gather every piece of information, including accident reports, medical records, and witness statements. When needed, we bring in experts to clarify complex details and make sure nothing is overlooked. This thorough approach helps us build a strong case for your family.
- Handle the Insurance Companies: Insurance companies often try to minimize payouts. We deal with them directly, push back firmly, and fight to ensure any settlement reflects the full impact of your loss. Your family should not have to navigate this pressure alone.
- Account for the Full Impact of the Loss: A wrongful death affects families in many ways, not just financially. We carefully consider lost support, guidance, and companionship to make sure your claim addresses the practical and emotional consequences your family is facing.
- Prepared to Go to Court: Many cases settle, but if insurers or responsible parties refuse to offer a fair resolution, we are ready to take your case to trial. We bring courtroom experience and strategic insight to protect your family’s rights, while keeping you informed about every step.
- Guidance Throughout the Process: We walk families through the claim step by step. You will always know what is happening, why it matters, and what options are available. Our goal is to make a complex process as clear and manageable as possible.
By combining hands-on support with deep local knowledge, we aim to help families in Hollywood get the justice and peace of mind they deserve.
Steps to Take After a Wrongful Death in Hollywood
The loss of a loved one is overwhelming, and navigating the legal process on top of that can be stressful. Taking the right legal steps early can protect your family’s rights and preserve your claim.
Preserve Important Records and Evidence
Keep accident reports, medical records, photographs, and any other documentation related to the incident. These materials are crucial for establishing liability and proving your family’s losses.
Avoid Insurance Pitfalls
Do not provide recorded statements, sign releases, or agree to settlements without legal guidance. Insurance companies may try to limit payouts, and we can handle these communications on your behalf.
Determine Who Can File a Claim
Under Florida law, only certain family members or the personal representative of the estate can bring a wrongful death claim. We help families understand who is eligible and guide them through the legal filing process.
Contact a Hollywood Wrongful Death Attorney Early
Early legal involvement ensures evidence is preserved, deadlines are met, and your claim is handled correctly. We guide families through each step, explain what to expect, and manage the legal process so you can focus on what matters most.
Hollywood Wrongful Death Lawyer: FAQs
What Is the Statute of Limitations for a Wrongful Death Lawsuit in Florida?
In Florida, the general rule is that a wrongful death claim must be filed within two years of the date of the decedent’s death. However, exceptions can apply depending on the circumstances, such as claims involving a minor or cases where the responsible party cannot immediately be identified. Filing late can prevent your family from recovering compensation, so it is important to consult with a lawyer as soon as possible to protect your rights.
What If the Deceased Person Was Partially at Fault?
Florida follows a modified comparative negligence system, which means that if the deceased was partly at fault for the accident that resulted in their death, any compensation may be reduced by their percentage of fault. If the deceased is found to be more than 50 percent responsible, recovery may be barred. Understanding how fault is determined can be complex, so having an attorney review the circumstances is crucial.
How Long Do Wrongful Death Cases Take?
The timeline varies based on factors such as liability disputes, the number of parties involved, and whether the case goes to trial. Some cases can settle in a matter of months, while others may take several years. We work to move cases forward efficiently while making sure every loss is fully documented and accounted for, so your family receives the compensation it deserves.
Do All Wrongful Death Cases Go to Court?
No. Many cases are resolved through negotiation with insurance companies. Litigation is sometimes necessary if insurers deny responsibility or offer inadequate compensation. Even when a case does not go to trial, preparing for litigation strengthens your position in settlement discussions.
Do You Have a Wrongful Death Lawyer Near Me?
Yes. Our office is located at 6100 Hollywood Blvd, Ste 520, Hollywood, FL 33024. We serve families throughout Hollywood and the surrounding areas.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Hollywood?
At Levin Litigation, we handle wrongful death cases on a contingency basis, which means you pay nothing up front. Fees are only collected if we recover compensation for your family. Initial consultations are free and confidential, giving you the opportunity to discuss your case and understand your options without any financial risk.
Schedule a Free Consultation With a Wrongful Death Attorney in Hollywood
If your family has lost a loved one due to negligence, it is important to act quickly. Levin Litigation offers free, confidential consultations to help families understand their rights and legal options. Our Hollywood wrongful death lawyers provide compassionate, results-driven representation, guiding you every step of the way. Contact us today to schedule your free case evaluation and take the first step toward justice and financial recovery.
