Fort Lauderdale Wrongful Death Lawyer

Spencer Morgan Law represents families in Fort Lauderdale and across Broward County who have lost someone to a car crash, a fall, a workplace incident, a boating accident, or a medical error, and who need a Fort Lauderdale wrongful death lawyer to pursue the people responsible.

A Florida wrongful death claim is not a private matter between a family and an insurance company. It is a statutory action with its own list of who may recover, what each person may recover, and a clock that starts on the date of death. Under the statute, the case is brought by the personal representative of the estate, but the money is divided among survivors according to their relationship to the person who died. A surviving spouse, a minor child, an adult child, and a parent each sit in a different position, and the rules differ depending on whether the death resulted from medical negligence.

Cases from Broward County are filed in the Seventeenth Judicial Circuit, whose courthouse is in downtown Fort Lauderdale. Appeals from that circuit go to the Fourth District Court of Appeal in West Palm Beach. Knowing where a case will be heard, and what evidence has to be preserved before it gets there, shapes the first weeks after a death more than most families realize.

Why Choose Spencer Morgan Law for a Wrongful Death Claim in Broward County

Spencer Morgan Law is led by attorney Spencer Morgan, who handles injury and death cases for clients in Fort Lauderdale, the rest of Broward County, Miami and the greater Miami area, and throughout Florida. The practice covers the situations that most often end in a fatality: automobile and semi-truck crashes, rideshare and bicycle collisions, slips, trips and falls, on-the-job accidents, maritime and watercraft accidents, and medical malpractice. That range matters in a wrongful death case, because the same loss can involve a negligent driver, a trucking company, a property owner, and an insurer at once.

The firm’s results show the scale of cases it has taken on: a $1,000,000 semi-truck crash recovery, a $1,000,000 auto accident settlement, an $850,000 slip and fall settlement, and an $800,000 maritime accident recovery. Those outcomes reflect work against commercial carriers and large policies, where liability is disputed and the defense is well funded. The firm also handles the practical fallout that surrounds a serious loss, including resolving medical bills, securing reimbursement when a vehicle is totaled, and helping families get needed medical care while a claim is pending.

Clients consistently describe being kept informed. Reviews on the firm’s site mention prompt answers to calls and emails, step-by-step explanations of the case, and a staff that treated them with sympathy during a hard period. For a family that is grieving and also facing unfamiliar legal deadlines, that steady communication is a large part of what the firm offers. Consultations are confidential, and no fee is owed unless the firm recovers.

Common Ways Wrongful Death Claims Arise in Fort Lauderdale

• Car, Truck, and Motorcycle Crashes: Heavy traffic on I-95, I-595, Federal Highway, Sunrise Boulevard, and State Road 7 produces fatal collisions, including those involving commercial trucks moving freight to and from Port Everglades. Claims may reach the driver, the owner of the vehicle, and a motor carrier whose hiring or maintenance practices contributed.
• Rideshare and Bicycle or Pedestrian Deaths: Drivers who strike cyclists and pedestrians near the beach, along A1A, and in downtown crosswalks often carry limited coverage, which makes identifying every available policy, including rideshare company coverage, a priority.
• Boating and Maritime Deaths: Broward’s waterways, the Intracoastal, and the ocean generate watercraft collisions, operator impairment, equipment failure, and charter or crew injuries, each governed by its own mix of state and maritime rules.
• Medical Malpractice Deaths: Misdiagnosis, surgical errors, medication mistakes, and negligent patient transfers can end in death. These claims run on a separate presuit track and have special rules about who can recover noneconomic damages.
• Negligent Security: A fatal assault at an apartment complex, parking lot, or convenience store may support a claim against the property owner if reasonable security was missing, though Florida law gives certain owners a presumption in their favor and requires fault to be shared with the criminal.
• Falls and Premises Hazards: Deaths from stairway falls, construction conditions on residential property, and unsafe commercial premises can support a claim against the owner or manager who knew of, or should have corrected, the danger.
• Workplace Deaths: A worker killed on the job usually has a workers’ compensation death benefit claim, but a separate suit may be available against a third party, such as an equipment maker or a contractor who was not the employer.
• Dangerous Property and Alcohol Service: A licensed bar or restaurant that serves a person who is underage, or a person it knows is habitually addicted to alcohol, may be liable for a resulting death. Social hosts are outside that statute.

What to Do in the Weeks After a Death

Start with the clock. A Florida wrongful death action generally must be filed within two years of the date of death. If the death came from medical negligence, the notice of intent to sue must be served within the medical malpractice limits, which run two years from discovery with a four-year outside limit, and a suit cannot be filed until 90 days after notice goes out to the prospective defendants. Notice tolls the clock during those 90 days. Deaths caused by murder or manslaughter have no deadline against the individual who committed the act.

If a government body may be responsible, such as a county road authority or a public hospital, the rules shift. A written claim must be presented to the state’s Department of Financial Services within two years in a wrongful death case, the agency generally has 180 days to respond before suit, and government liability is capped at $200,000 per person and $300,000 per incident unless the Legislature passes a claim bill. These are not deadlines to discover after a year has gone by.

In practical terms, preserve what will disappear. Ask the investigating agency for the crash or incident report, whether that is the Fort Lauderdale Police Department, the Broward Sheriff’s Office, or the Florida Highway Patrol, and note the report number. Photograph the scene if you can do so safely, keep clothing and personal items, and save texts, emails, and social media posts from the days around the death. Commercial vehicles carry electronic data and surveillance video is often overwritten within days, so a written request to preserve evidence sent early can matter enormously. Request the death certificate and, where a medical question exists, secure the complete medical records before anyone is asked to sign a release.

Be careful with insurers. A representative may call within days, sound sympathetic, and ask for a recorded statement or a signed authorization. Anything said can be used to assign fault to the person who died. Florida now bars recovery by anyone found more than 50 percent at fault for their own harm in most negligence cases, and an insurer building that argument will start with your words. That bar does not apply to wrongful death claims arising from medical negligence. Direct insurer questions to your attorney.

The estate must also be opened in probate, because the personal representative is the only person who can bring the claim. If no estate exists yet, that is one of the first things to sort out, and it is a step many families do not know is required until a deadline is near.

Who Recovers What Under Florida’s Wrongful Death Act

Damages divide into two groups. Survivor damages go to the people who depended on or were close to the decedent: a surviving spouse may recover loss of companionship and protection and mental pain and suffering, and parents of a deceased minor child may recover mental pain and suffering. Support and services lost to the family are also recoverable. Estate damages cover things such as medical and funeral expenses and lost earnings, depending on the circumstances.

Who qualifies matters, and the complaint must identify every potential beneficiary and describe each one’s relationship to the decedent. In medical malpractice deaths, adult children age 25 or older and the parents of an adult decedent cannot recover noneconomic damages. There is no enforceable cap on noneconomic damages in Florida malpractice litigation, because the legislature’s caps were struck down by the Florida Supreme Court.

Medical bills from the final illness or injury are treated more strictly than they used to be. When a provider treated under a letter of protection, meaning a promise of payment from the eventual recovery, the claimant must disclose the arrangement and any referral behind it before claiming those expenses. If the injured person had health coverage other than Medicare or Medicaid, the amount the insurer was obligated to pay is part of what a jury may see. The Fifth District Court of Appeal has held that these rules do not apply retroactively, so the date a claim arose can change how bills are proved.

Questions Families Ask About Wrongful Death Cases

Who can file a wrongful death lawsuit in Florida?

Only the personal representative of the decedent’s estate may bring the action, on behalf of the survivors and the estate. The representative is usually named in the will or appointed by the probate court. Spouses, children, and parents do not file individually, though they are the people the claim is brought for.

How long do we have to file?

Generally two years from the date of death. Medical negligence deaths have their own limits and a required notice period of 90 days before suit. Claims against government entities require a written presentment within two years in a wrongful death case. Because exceptions exist and mistakes are permanent, speak with a lawyer early.

What compensation can a family receive?

Survivors may recover lost support and services, loss of companionship and protection, and mental pain and suffering where the statute allows it. The estate may recover funeral and medical expenses and lost earnings. Which survivors qualify depends on their relationship to the decedent and on the cause of death.

Does the case require a criminal conviction?

No. A civil wrongful death claim stands on its own and uses a lower standard of proof than a criminal prosecution. A driver may be acquitted or never charged and still be held liable. There is also no filing deadline against an individual responsible for a murder or manslaughter.

What if my loved one was partly at fault?

In most negligence cases, someone more than 50 percent at fault for their own harm recovers nothing, and someone at 50 percent or less has their recovery reduced by their share. Each defendant pays only its own percentage of fault, since joint and several liability no longer applies. Medical malpractice deaths are not subject to the greater-than-50-percent bar.

Can adult children recover if a parent died from medical malpractice?

Adult children age 25 or older cannot recover noneconomic damages for a death caused by medical malpractice, and parents of an adult decedent are limited the same way. The estate and a surviving spouse can still pursue their claims. This is one of the sharpest differences between malpractice deaths and other deaths.

Will PIP pay anything after a fatal crash?

Florida’s no-fault coverage includes a $5,000 death benefit, in addition to the medical and disability benefits available under a $10,000 limit. PIP pays regardless of fault, but it does not replace a wrongful death claim against the at-fault party.

Can a bar or restaurant be held responsible for a drunk-driving death?

Only in narrow cases. A licensed seller is generally not liable for injuries caused by an adult customer’s intoxication, except when it knowingly serves someone who is underage or a person it knows is habitually addicted to alcohol. Social hosts are not covered by that law. Evidence of how drinks were served, and to whom, becomes central quickly.

What if the death happened at an apartment complex?

Owners of multifamily buildings with at least five units who substantially implement required security measures, including a crime-prevention assessment no more than three years old, may gain a presumption against liability, and the burden is on the owner to show it complied. Fault must be apportioned to all contributors, including the criminal. A presumption can be rebutted with evidence that the measures were not truly in place.

How long does a wrongful death case take in Broward County?

Timelines vary widely. Cases with clear liability and adequate insurance can resolve through settlement within a year or so, while disputed liability, a medical negligence presuit process, or a government defendant stretches them considerably. Cases above the county court limit are heard in circuit court in Fort Lauderdale, and trial scheduling affects timing too.

Is it worth hiring a lawyer if insurance has already made an offer?

Early offers are often made before the full picture is known and before every policy has been identified. Accepting one usually requires signing a release that ends the claim. A conversation with a lawyer before signing costs nothing, since consultations are confidential and the firm is paid only from a recovery.

What if the family speaks Spanish?

Spencer Morgan Law offers Spanish-language services, so family members can discuss the case and ask questions in the language they are most comfortable using.

Serving Wrongful Death Families Across Broward County and Beyond

Spencer Morgan Law represents families throughout Fort Lauderdale, from Las Olas and downtown to Victoria Park, Rio Vista, Coral Ridge, Wilton Manors, and the beach communities along A1A. The firm also assists clients in Oakland Park, Pompano Beach, Lauderdale-by-the-Sea, Deerfield Beach, Coconut Creek, Margate, Coral Springs, Tamarac, Lauderhill, Plantation, Sunrise, Davie, Cooper City, Hollywood, Hallandale Beach, Dania Beach, Pembroke Pines, Miramar, and Weston.

Clients also come from neighboring Miami-Dade County, including Miami, Miami Beach, Coral Gables, Kendall, Doral, Hialeah, and Homestead, and from other parts of the state. Whether the death involved a crash on a Broward highway, a boating accident offshore, or a hospital in another county, the firm handles wrongful death claims across Florida.

Speak With a Fort Lauderdale Wrongful Death Attorney

If you have lost a family member and believe someone else’s carelessness was responsible, a Fort Lauderdale wrongful death attorney at Spencer Morgan Law can explain who may bring a claim, what damages the statute allows, and which deadlines apply to your situation. Calls are confidential, the firm is paid only if it recovers, and Spanish-language help is available. Call to schedule a consultation while evidence is still available and your options remain open.