Wrongful Death Attorney
Losing a family member because of someone else’s carelessness is one of the hardest things a person can face. Grief is real, and so is the financial pressure that follows — medical bills, funeral expenses, and the sudden loss of income. At HLM Injury Lawyers, we believe your family deserves answers, accountability, and support.
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida with more than 25 years of trial experience. If your loved one died because of another party’s negligence, you may have the right to file a wrongful death claim in Florida.
The call is free. You pay nothing unless we win. Call HLM Injury Lawyers at (305) 842-2100 or visit 3301 N. University Dr., Suite 100, Coral Springs, FL 33065.
Common Causes of Wrongful Death in Florida
Wrongful death can arise from almost any situation where negligence caused a fatal injury. Common causes we handle include:
- Car and truck accidents. Distracted, drunk, or reckless drivers who cause fatal crashes can be held civilly liable even if criminal charges are never filed.
- Medical malpractice. Surgical errors, misdiagnoses, medication mistakes, and failure to monitor a patient can turn a treatable condition into a fatal one.
- Workplace accidents. Falls from heights, machinery malfunctions, and toxic exposures can kill workers in an instant. When a third party caused the death, a wrongful death claim may be possible alongside workers’ compensation.
- Premises liability. Property owners who ignore dangerous conditions — broken stairs, inadequate security, unmarked hazards — can be responsible when a visitor dies as a result.
- Defective products. A faulty vehicle part, dangerous medication, or defective piece of equipment can expose the manufacturer to a wrongful death lawsuit when it causes a fatal injury.
- Drowning and pool accidents. When a pool lacks required safety barriers or a property owner fails to supervise, drowning deaths can — and do — happen.
- Nursing home abuse or neglect. Falls, malnutrition, or deliberate abuse that leads to death in a long-term care facility can form the basis of a wrongful death claim.
Damages Recoverable in a Florida Wrongful Death Claim
Florida law allows the surviving family and the estate to recover several categories of damages:
- Medical expenses. Bills the deceased incurred from the injury through the time of death.
- Funeral and burial costs. Reasonable costs paid by the estate or family members.
- Lost income and earning capacity. The income your loved one would have earned over their expected working lifetime.
- Loss of companionship and guidance. A surviving spouse can recover for loss of companionship; minor children can recover for lost parental guidance and support.
- Mental and emotional pain of survivors. Surviving family members can recover for grief, anguish, and emotional distress caused by the loss.
- Loss of household services. If the deceased handled child care, home maintenance, or other contributions, the family may recover the value of those lost services.
What to Do After Losing a Loved One to Negligence in Florida
Step 1 — Prioritize your family’s safety and wellbeing. In an accident, make sure surviving family members receive medical care first.
Step 2 — Preserve all records. Keep every medical bill, death certificate, police or incident report, and any other paperwork related to your loved one’s death.
Step 3 — Document the scene if possible. Photos, video, and witness contact information can be critical — especially before physical evidence disappears.
Step 4 — Do not speak with the other party’s insurance company. Adjusters work for the insurer, not your family. Anything you say can be used to reduce or deny your claim.
Step 5 — Request surveillance footage quickly. Businesses and traffic cameras often overwrite recordings within days. An attorney can send a legal hold notice to preserve this evidence.
Step 6 — Contact a wrongful death attorney as soon as possible. Early investigation protects evidence and strengthens your family’s case.
Florida Wrongful Death Law — What Families Need to Know
Who can file: Under Florida’s Wrongful Death Act, the deceased person’s personal representative — typically the estate’s executor — files the wrongful death lawsuit on behalf of the estate and surviving family members.
The standard of proof: Wrongful death is a civil claim, not a criminal one. You do not need a criminal conviction to pursue a wrongful death lawsuit. The standard is a “preponderance of the evidence” — more likely than not that the defendant’s negligence caused the death.
Partial fault: Under Florida’s modified comparative negligence law, if your loved one was partially at fault, damages are reduced by their percentage of fault. If they are found 51% or more at fault, the family cannot recover; a person found exactly 50% at fault can still recover. Gathering evidence early is critical.
Florida’s 2-Year Deadline — Do Not Wait
Florida law gives families 2 years from the date of death to file a wrongful death lawsuit. This deadline is strict. Miss it, and you almost certainly lose the right to pursue any compensation.
Two years can pass faster than you expect — especially while you are grieving. Evidence fades, witnesses become harder to find, and critical documents get lost. Call HLM Injury Lawyers at (305) 842-2100 as soon as you are ready. There is no obligation, and you pay nothing unless we recover for your family.
Why Hire Eric Hernandez for Your Wrongful Death Case
- Former federal prosecutor. Eric A. Hernandez served as an Assistant U.S. Attorney for the Southern District of Florida — he knows how to build a case under pressure and stand firm against well-funded opponents.
- Judicial clerkship at the highest level. Eric clerked for Chief Justice Charles T. Wells of the Florida Supreme Court, giving him deep insight into how courts think and decide cases.
- 25+ years of trial experience. Eric has tried cases across South Florida and knows how to present a wrongful death claim compellingly to a jury.
- Admitted to the U.S. Supreme Court Bar.
- Bilingual — English and Spanish. If your family is more comfortable in Spanish, Eric will communicate with you directly in your language.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Florida?
Under Florida’s Wrongful Death Act, the lawsuit is filed by the deceased person’s personal representative — usually the estate’s executor — on behalf of the estate and surviving family members.
What damages can our family recover?
Recoverable damages can include medical expenses before death, funeral costs, lost income and earning capacity, loss of companionship for a surviving spouse, loss of parental guidance for children, and the mental pain and suffering of surviving family members.
What is the difference between a wrongful death lawsuit and a criminal case?
A criminal case is brought by the government to punish the wrongdoer. A civil wrongful death lawsuit is brought by the family to recover financial compensation. The two cases are entirely separate — you can pursue a civil claim even if criminal charges were never filed or resulted in an acquittal.
How long does a wrongful death case take?
It depends on complexity, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in months; others take a year or more. Eric will give you an honest assessment based on your specific situation.
What if my loved one was partially at fault?
Under Florida’s modified comparative negligence law, damages are reduced by the percentage of fault assigned to your loved one. If they are found 51% or more at fault, the family cannot recover; a person found exactly 50% at fault can still recover. This makes thorough, early investigation critically important.
Can I afford a wrongful death attorney?
Yes. HLM Injury Lawyers works on a contingency fee basis — you pay no attorney fees unless we win your case. There is no upfront cost and no financial risk to your family.
Contact HLM Injury Lawyers — Free Consultation
Your family has been through enough. Let HLM Injury Lawyers carry the legal fight so you can focus on healing. Eric A. Hernandez will personally review your case, answer your questions honestly, and fight hard for the accountability your loved one deserves. Call us at (305) 842-2100 or visit 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. The consultation is free — and you owe nothing unless we win.