Losing someone you love unexpectedly is one of the most difficult experiences anyone can face, especially when that loss may have been preventable. In moments like these, families are often left not only with emotional grief but also with uncertainty about what comes next. Questions about accountability, financial stability, and legal rights can quickly become overwhelming.
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We specialize in personal injury claims.
At Andrew Pickett Law, a trusted Florida personal injury law firm, we work closely with families who are navigating the aftermath of tragic losses. An experienced wrongful death lawyer can help you understand whether your situation qualifies as a wrongful death claim and guide you through the legal process with care, clarity, and compassion.

What Qualifies as a Wrongful Death Case?
A wrongful death claim arises when a person loses their life due to the negligence, carelessness, or misconduct of another individual or entity. These cases fall under civil law, meaning they are separate from any criminal charges that may or may not apply.
Importantly, a wrongful death does not require a criminal act. For example, a healthcare provider may not face criminal charges for a misdiagnosis, but if that mistake directly led to a patient’s death, it could still form the basis of a valid wrongful death claim.
Common situations that may lead to wrongful death claims include:
- Medical negligence, such as delayed diagnosis or surgical errors
- Unsafe work environments, including poorly maintained equipment or hazardous conditions
- Motor vehicle accidents caused by reckless or impaired drivers
- Failure to provide proper safety measures in public or private spaces
However, if the death resulted solely from the individual’s own actions, such as engaging in high-risk behavior or self-harm, it typically would not qualify.
In some cases, both civil and criminal proceedings may occur simultaneously. For instance, a DUI-related fatal accident can lead to criminal charges against the driver while also giving the victim’s family grounds to pursue a civil wrongful death lawsuit.
How a Wrongful Death Attorney Builds Your Case
A wrongful death attorney plays a critical role in establishing liability and pursuing justice on behalf of your loved one. At the core of the case is a key legal question:
Would your loved one have had a valid personal injury claim if they had survived?
If the answer is yes, then a wrongful death lawsuit is likely a viable path forward.
To build a strong case, your attorney will:
- Investigate the circumstances surrounding the death
- Gather medical records, accident reports, and expert testimony
- Identify all liable parties (individuals, companies, or institutions)
- Calculate damages, including financial and emotional losses
- Negotiate with insurance companies or prepare for trial if needed
While many cases are resolved through settlement, a skilled attorney will always be ready to take your case to court if necessary to secure fair compensation.
Types of Compensation in Wrongful Death Claims
Every case is different, but families may be entitled to recover damages such as:
- Funeral and burial expenses
- Loss of income and financial support
- Loss of companionship and emotional support
- Medical expenses related to the final injury or illness
Rather than relying on a generic formula, these damages are carefully evaluated based on the unique circumstances of your family and your loved one’s role in your life.
Lawyer’s Insight: What to Do Before Speaking to Insurance Companies
After a wrongful death, insurance companies may reach out quickly. While they may seem helpful, their goal is often to minimize payouts.
Pro Tip:
Avoid giving recorded statements or accepting early settlement offers without first speaking to an experienced Florida personal injury lawyer. Even seemingly harmless comments can be used to reduce the value of your claim.
Why Working with the Right Legal Team Matters
Wrongful death cases are complex and emotionally charged. Having the right legal representation ensures that your case is handled with both professionalism and empathy.
At Andrew Pickett Law, we understand that no amount of compensation can replace your loss, but holding the responsible party accountable can provide a sense of justice and financial stability for your future.
Speak with an Experienced Florida Personal Injury Lawyer Today
If you believe your loved one’s death may have been caused by negligence, the most important next step is speaking with an experienced Florida personal injury lawyer who can evaluate your case.
At Andrew Pickett Law, we offer free, no-obligation consultations to help you understand your legal options. Our team is here to guide you every step of the way and fight for the compensation your family deserves.
Call us today at (321)-503-4014 to schedule your consultation.
FAQ: Wrongful Death Claims in Florida
How is pain and suffering calculated in a wrongful death case?
Pain and suffering are considered non-economic damages and are calculated based on factors such as emotional distress, loss of companionship, and the overall impact on surviving family members. There is no fixed formula, each case is evaluated individually.
What is the average wrongful death settlement in Florida?
There is no true “average,” as settlements vary widely depending on liability, damages, and case complexity. Some cases resolve for tens of thousands, while others may reach significantly higher amounts depending on the circumstances.
How long does a wrongful death claim take?
A claim can take anywhere from several months to a few years. Cases that settle quickly may resolve faster, while those that go to trial typically take longer.
Need free legal help in Florida?
We specialize in personal injury claims.