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Florida Wrongful Death Lawyer

If your relative was the victim of a fatal accident in Florida, we recommend calling a Florida wrongful death lawyer at Gerson & Schwartz P.A. right away. Our firm has helped families pursue wrongful death compensation for more than 48 years. We have the experience, knowledge, skills, and resources you need to hold individuals and businesses responsible for their negligent, reckless, or malicious conduct.

To talk wish us about your legal rights and options after losing a loved one, contact us through our online form or call (877) 475-2905. You also can reach out to us by emailing

We Know Florida Wrongful Death Law

We are well-versed in Florida’s wrongful death law. We can discuss with you the ins and outs of the law and how it impacts your right to pursue a wrongful death case.

The Florida Wrongful Death Act is found in Florida Statutes Sections 768.16-768.26.

Under Section 768.19, the right to file a wrongful death lawsuit arises when a person’s death is the result of a wrongful act, negligence, failure to act, or breach of contract or warranty of another person and, if the person had not passed away from their injuries, they would have had the right to file a personal injury claim against the at-faulty party.

Bear in mind, this applies not only to incidents that occur on Florida land, but also on vessels in navigable waters. A fatal accident that occurs on a river or lake, in the Everglades, in Biscayne Bay, in the Gulf of Mexico or near shore in the Atlantic Ocean can also lead to a Florida wrongful death claim.

If you are not sure of whether Florida’s law applies to your situation or whether your family has a valid wrongful death claim, contact Gerson & Schwartz P.A. to speak with a veteran Florida wrongful death attorney.

The Personal Representative of the Estate Must File the Claim

Relatives and other loved ones may be under the impression they can file a wrongful death claim and pursue compensation. However, under Florida law, this is not true. Section 768.20 specifically states that the personal representative of the decedent’s estate must bring the claim on behalf of the decedent’s survivors and estate.

It is important to note that “survivors” has a specific meaning under Florida law. In Section 768.18(1), “survivors” means the decedents:

  • Spouse;
  • Children;
  • Parents; and
  • When partly or wholly dependent on the decedent for support or services, any blood relatives or adopted siblings.

Who constitutes a survivor is clearly limited. Only specific close relatives can benefit from a Florida wrongful death claim. If you are not sure of whether you can pursue a wrongful death claim or receive compensation, call our Florida wrongful death lawyers today.

Wrongful Death Compensation

The damages you can pursue compensation for in a wrongful death claim differ significantly from the compensation available in a personal injury claim. This is one of the many reasons you should work with a lawyer with experienced in wrongful death cases.

Our highly experienced wrongful death attorneys in Florida understand the types of compensation that are available and how to best identify and value your family’s particular damages.

We help estates and relatives pursue reimbursement for medical expenses. If your loved one did not pass away immediately, they may have incurred days, weeks, or months of medical bills that the decedent, you, or another relative had to pay.

If your loved one survived for a period of time after the accident, they may have gone through considerable pain and suffering. The decedent’s estate may have the right to pursue compensation for this injury.

We help the estate and relatives pursue compensation for the loss of the decedent’s income and employment benefits. This is particularly important if you lost the breadwinner of your family.

You also may have the right to pursue compensation for the decedent’s services. This is very important if you lost a stay-at-home parent. Mothers or fathers who devote themselves to the home and children provide invaluable services, including meal planning and grocery shopping, cooking, cleaning, laundry, childcare, budgeting and bill paying, and more. Without your loved one to perform these tasks, you may be forced to hire outside help, which is a considerable expense.

You can pursue compensation for the loss of the decedent’s society, companionship, and love. This is a significant emotional injury to spouses and children. Minor children may now spend a majority of their life without their mother or father.

The compensation you, specifically, may obtain will depend on a number of factors, including your specific relationship with the decedent and your specific financial losses. You should speak with an experienced Florida wrongful death lawyer about how compensation is calculated and divided among survivors.

Do You Have Questions About a Loved One’s Death?

If you believe your spouse, parent, child, or other relative’s death was another person or business’s fault, now is the time to speak with a wrongful death attorney in Florida. You only have two years from the date of your loved one’s death to file a wrongful death lawsuit. It is important to talk with a lawyer as soon as you believe you may have a case in order to obtain an experienced opinion and to have time to prepare for filing a lawsuit, when appropriate.

To talk with a bilingual attorney at Gerson & Schwartz P.A., email or call (305) 371-6000 to schedule your free consultation.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User