Wrongful Death from a Car Accident in Broward County

Lost a family member in a Broward County crash? We pursue justice and full compensation while you focus on healing.

Every fatal car accident in Broward County leaves behind a family in crisis — grieving a loss while facing sudden financial pressure, unanswered questions, and a legal process they did not ask for and do not understand. When someone else’s negligence caused the crash that killed your family member, Florida law gives you the right to seek compensation. But the path forward is not automatic, and the window to act is limited.

This guide explains what a wrongful death claim from a car accident looks like in Florida, who can file it, what compensation may be available, and how insurance coverage affects the recovery.

When a Fatal Car Accident Gives Rise to a Wrongful Death Claim

Not every fatal car accident gives rise to a wrongful death claim — but most fatal crashes caused by another driver’s negligence do. Negligence behind the wheel includes:

Speeding: Driving above the posted limit or too fast for conditions

Running red lights or stop signs

Distracted driving: Phone use, texting, or other inattention behind the wheel
Impaired driving: Driving under the influence of alcohol or drugs
Reckless or aggressive driving: Tailgating, improper lane changes, road rage behavior
Drowsy driving: Particularly relevant with commercial truck drivers

If another driver’s negligence caused or substantially contributed to the crash that killed your family member, the personal representative of your loved one’s estate can bring a wrongful death claim against the at-fault driver — and potentially against other parties, such as an employer if the driver was on the job.

Who Can File

Under the Florida Wrongful Death Act, the lawsuit must be filed by the personal representative of the decedent’s estate. The personal representative acts on behalf of all survivors — the surviving spouse, children, parents, and other eligible family members — and the estate itself. If no personal representative has been appointed, one must be designated through probate proceedings. An attorney can assist with this process while simultaneously building the wrongful death case.

What Damages Are Available

The damages available in a wrongful death claim arising from a car accident follow the framework of the Florida Wrongful Death Act:

For Survivors:
Surviving spouse: Loss of support and services, loss of companionship and protection, and mental pain and suffering
Minor children: Loss of parental companionship, instruction, and guidance; mental pain and suffering; and loss of support and services
Parents (if the deceased was a minor): Mental pain and suffering
Other eligible relatives: Loss of support or services in appropriate circumstances
For the Estate:

Medical expenses incurred between the accident and the date of death

Funeral and burial expenses

Lost net accumulations — the future earnings the decedent would have accumulated and passed on to the estate

The Insurance Challenge: When the At-Fault Driver Has No Bodily Injury Coverage

Florida does not require drivers to carry bodily injury (BI) liability coverage. This creates a real and painful problem for families: the driver who killed your family member may carry only the minimum required coverage — or none at all beyond personal injury protection (PIP) — leaving no BI policy to compensate your family’s losses.

This is where uninsured/underinsured motorist (UM/UIM) coverage becomes essential. If your family’s vehicle had UM/UIM coverage, that policy may step in to cover the damages the at-fault driver’s insurance cannot pay. UM/UIM coverage is one of the most valuable protections a Florida driver can carry — and it is recoverable in wrongful death cases when the at-fault driver lacks adequate coverage.

If multiple vehicles were involved, if a commercial driver caused the crash, or if the at-fault driver was acting in the course of employment, additional coverage sources may be available. Identifying all applicable policies is one of the first things a wrongful death attorney will do.

Commercial Vehicles and Employer Liability

When a fatal accident involves a commercial truck, delivery vehicle, rideshare driver, or any vehicle operated in the course of employment, the employer may bear liability alongside the driver. Employers are generally responsible for the negligent acts of their employees while driving for work. In the commercial trucking context, there may also be independent claims based on the company’s own negligence — such as failing to maintain the vehicle, hiring an unqualified driver, or pressuring drivers to exceed hours-of-service limits.

Commercial vehicle cases involve larger insurance policies and more aggressive defense — but also more potential sources of recovery.

The Wrongful Death Claim Is Separate From Criminal Proceedings

Families sometimes ask whether they should wait for a criminal case — such as a DUI manslaughter prosecution — to conclude before filing a civil claim. The answer is almost always no. The civil wrongful death claim is entirely separate from any criminal proceeding. A driver can be acquitted in a criminal case and still face civil liability, because the standards of proof differ. And your civil statute of limitations does not pause during criminal proceedings.

Florida’s Statute of Limitations

Florida’s statute of limitations for wrongful death claims is two years from the date of death. This deadline is firm. Miss it and your family will almost certainly lose the right to pursue compensation entirely.

A Note on Compassion

We recognize that no family should have to read a legal guide in the wake of a devastating loss. But the decisions made in these early weeks — about evidence preservation, insurance notice requirements, and legal representation — can have permanent consequences for your family’s financial future. We approach every wrongful death case with respect for your grief and urgency about your rights.

Why Eric A. Hernandez

Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida and former law clerk to Florida Supreme Court Chief Justice Charles T. Wells. He is admitted to the U.S. Supreme Court Bar and has more than 25 years of trial experience. He is bilingual in English and Spanish and serves families throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and greater Broward County.

He builds cases for trial — and that readiness changes what defendants offer at the table.

Contact HLM Injury Lawyers — Free Consultation

If your family has lost someone in a fatal car accident in Broward County, call HLM Injury Lawyers at (305) 842-2100 for a free, compassionate consultation. No fee unless we recover for you.

HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100