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Florida Wrongful Death Lawyer

Alan Sackrin, a Board Certified Civil Trial Expert

No fee unless we win. Free consultation: (954) 458-8655

Losing a family member due to someone else’s negligence is one of the worst things a family can face. Alan Sackrin is a Board Certified Civil Trial Lawyer who has handled wrongful death cases in Florida for over 40 years. Board Certification is held by fewer than 2% of Florida attorneys. It requires demonstrated courtroom experience, peer recognition, and a rigorous examination administered by The Florida Bar. Alan tries these cases. He does not just settle them.

If you lost a family member and believe negligence played a role, call Alan directly at (954) 458-8655. He will tell you honestly whether you have a case.

Wrongful Death & Serious Injury Results

What to Do Right Now If You Lost a Family Member Due to Negligence

If you believe a family member’s death was caused by someone else’s negligence, the steps you take immediately can protect your family’s legal rights.

1. Do not sign anything from an insurance company or the responsible party. Once you sign a release, the claim is closed permanently.
2. Preserve all documents and records. Medical records, incident reports, police reports, photographs, and correspondence.
3. Request copies of all medical records immediately. Hospitals are not required to hold records indefinitely.
4. Identify the personal representative of the estate. In Florida, a wrongful death claim is filed by the personal representative.
5. Contact an attorney before the deadline. Florida’s statute of limitations for most wrongful death claims is two years from the date of death.

You do not have to live in Florida to pursue a wrongful death claim here. Alan Sackrin has handled Florida wrongful death cases for families across the country.

(954) 458-8655 | Call Alan
or send a message ›

Important Deadline: Florida’s statute of limitations for personal injury cases is two years from the date of injury. If you miss this deadline, you permanently lose the right to sue regardless of how strong your case is. Call Alan Sackrin at (954) 458-8655 for a free consultation.

The following are a sample of results Alan Sackrin has obtained over his 40+ year career. Past results do not guarantee a similar outcome in your case.

Wrongful Death Recoveries

$1.8 Million
Wrongful death of a father caused by the violent separation of a multi-piece truck rim. Recovery against Goodyear Tire and Rubber Co.

$983,000
Death resulting from a home health aide’s failure to follow care instructions.

Serious Injury Recoveries

$1.5 Million
Medical malpractice settlement for failure to diagnose a genetic defect in a fetus.

$925,000
Settlement for a pedestrian struck in a serious motor vehicle collision.

$500,000
Recovery for a woman seriously injured in a motor vehicle accident at an intersection.

$400,000
Recovery for injuries in a low-impact automobile collision that aggravated a pre-existing congenital head condition.

750+ personal injury and wrongful death lawsuits filed. 100+ jury verdicts. See Alan’s full verdicts and settlements record ›

What Is a Wrongful Death Lawsuit in Florida?

A wrongful death lawsuit is filed by the surviving family of a person who died due to another party’s negligence, recklessness, or intentional misconduct. In Florida, these cases are governed by the Florida Wrongful Death Act, Florida Statutes §768.16–768.26.

Unlike a personal injury lawsuit, which the victim files on their own behalf, a wrongful death claim is brought by the personal representative of the estate on behalf of the survivors. The goal is to hold the responsible party accountable and recover compensation for the losses the family has suffered.

Florida has a two-year statute of limitations for most wrongful death claims, running from the date of death. If you miss this deadline, you lose the right to sue permanently. Do not assume you have time to spare. Alan will review your deadline in your free consultation.

See: Elements of Wrongful Death Under Florida Law

Who Can File a Florida Wrongful Death Claim?

In Florida, wrongful death claims are filed by the personal representative of the decedent’s estate. Compensation is distributed to surviving family members, which may include:

Survivor	What They May Recover
Spouse	Loss of companionship, protection, and mental pain and suffering
Minor children	Lost parental companionship, instruction, and guidance
Adult children	In cases where there is no surviving spouse
Parents	When the deceased was a minor, or when there is no surviving spouse or child
Blood relatives & adoptive siblings	In certain circumstances where they were partly or wholly dependent on the deceased

Florida law is specific about who can recover and what each survivor is entitled to claim. See: Who Can Sue for Wrongful Death and Receive Damages in Florida

Common Causes of Wrongful Death in Florida

Alan Sackrin handles wrongful death cases arising from a wide range of negligent conduct, including:

Car, truck & motorcycle accidents

The most common source of wrongful death claims in Florida, including crashes caused by distracted, impaired, or reckless drivers

Hotel & premises negligence

Pool drownings, elevator failures, inadequate security, balcony collapses, stairway hazards

Medical malpractice

Surgical errors, misdiagnosis, delayed treatment, medication mistakes

Nursing home abuse & neglect

Preventable falls, bed sores, dehydration, infections, failure to supervise

Home health care negligence

Failure to follow care instructions resulting in patient death, as in the $983,000 recovery above

Workplace accidents

Construction site injuries, unsafe equipment, OSHA violations, employer negligence

Defective products

Dangerous vehicles, faulty machinery, unsafe medications, defective consumer products

Negligent security

Criminal attack at a property that failed to provide adequate security measures

In many wrongful death cases, a false statement or concealment also played a role: an employer who hid a known hazard, a nursing home that falsified records, a hotel that suppressed a prior incident report, or a driver who gave police a false account. When a lie or concealment contributed to the death, it can support a claim for punitive damages on top of compensatory recovery. Alan has handled cases at this intersection for four decades.

Compensation Available in a Florida Wrongful Death Case

Florida’s Wrongful Death Act provides two categories of recovery: estate claims and survivor claims.

The estate may recover

Medical expenses incurred between the injury and death
Funeral and burial expenses
Lost earnings and benefits from the date of injury through death
Lost net accumulations: the savings and investments the deceased would have built over their expected remaining working life

Survivors may recover

Loss of financial support the deceased would have provided
Loss of companionship, protection, and instruction (particularly for minor children and spouses)
Mental pain and suffering
Value of services the deceased provided to the household

In cases involving gross negligence, recklessness, or intentional misconduct, punitive damages may also be available to punish the defendant beyond mere compensation.

See: Wrongful Death Damages Under Florida Law

What to Do Immediately After a Loved One’s Death Due to Negligence

There is no good time to think about legal steps after losing someone you love. But the decisions made in the first days and weeks after a wrongful death directly affect what a case can recover. Evidence disappears. Witnesses move. Defendants build their defenses. Here is what matters most.

1. Call an attorney before speaking with any insurance company.
Adjusters are trained to minimize claims. Any statement you make can be used against the case. Alan can intervene on your behalf from day one and handle all insurance company contact so you do not have to.

2. Do not sign anything the insurance company or responsible party presents.
Settlement offers made quickly after a death are almost always far below what the case is worth. Once a release is signed, the family’s legal rights are permanently gone. Do not agree to anything without speaking with Alan first.

3. Preserve all evidence immediately.
Photographs of the scene, the vehicle, the property, or any equipment involved. Do not allow anything to be repaired, cleaned, or disposed of before it has been documented and inspected. Evidence in wrongful death cases disappears fast — sometimes within hours.

4. Obtain all official reports.
Police reports, medical examiner reports, autopsies, OSHA inspection reports, and hospital records. Alan’s office will help you request records you cannot obtain on your own.

5. Document every expense from day one.
Emergency room, hospitalization, funeral, and burial costs. Lost wages for family members who had to stop working. Every cost is part of the damages calculation and needs to be tracked from the start.

6. Write down everything you know while it is fresh.
Names of witnesses, what happened, what the deceased said in the days before the death, what any representative of the responsible party told you. Memory fades quickly. Write it now.

Florida’s statute of limitations for wrongful death cases is two years from the date of death. While two years may feel like ample time during a period of grief, building a wrongful death case requires securing experts, obtaining records, preserving evidence, and identifying all responsible parties. The sooner Alan is involved, the better your family’s position.

Why Choose Alan Sackrin as Your Florida Wrongful Death Lawyer

Alan Sackrin has been handling personal injury and wrongful death cases in Florida since 1985. Several things distinguish him from general practice attorneys who occasionally handle wrongful death matters:

Board Certified Civil Trial Lawyer. Fewer than 2% of Florida attorneys hold this designation. It requires demonstrated courtroom experience, peer recommendations, and passage of a rigorous examination. It means Alan tries cases rather than routinely settling to avoid the unfamiliar territory of trial.
He works your case personally. Not a paralegal, not a junior associate. Alan Sackrin handles the case directly. You can reach him at (954) 458-8655.
750+ lawsuits filed. 100+ jury verdicts. Insurance carriers know Alan will take a case to trial if the settlement offer is inadequate. That willingness changes how they negotiate from the beginning.
40+ years of Florida trial experience. Alan has handled wrongful death cases arising from vehicle accidents, premises incidents, medical and nursing home negligence, product failures, and home health care. He knows the specific defenses defendants raise in each context and how to counter them.
No fee unless we win. Alan works on contingency in wrongful death cases. There is no cost to you unless and until money is recovered on your behalf.

Frequently Asked Questions: Florida Wrongful Death

How long do I have to file a wrongful death lawsuit in Florida? +

In most cases, two years from the date of death, under Florida Statute §95.11(4)(d). Cases involving government defendants, medical malpractice, or deaths aboard vessels may have shorter deadlines or special pre-suit notice requirements. Do not assume you have time to spare. Alan will identify your exact deadline in your free consultation.

Who can sue for wrongful death in Florida? +

The personal representative of the estate files the lawsuit. Compensation is distributed to surviving family members. Florida law specifies which survivors are eligible: spouses, children, and in certain circumstances parents and dependent relatives. The identity and number of survivors directly affects the types and dollar amounts of compensation available. See: Who Can Sue for Wrongful Death and Receive Damages in Florida

What is a wrongful death case worth in Florida? +

There is no average figure that means anything. Value depends on the deceased’s age, income, earning capacity, health, the nature of their relationships with surviving family members, the degree of negligence involved, and whether punitive damages are available. A 40-year-old breadwinner with minor children and a documented income history is a fundamentally different case from a retired individual with no dependents. Alan will give you an honest evaluation of realistic value after reviewing the facts. See: Wrongful Death Damages

Does Florida cap wrongful death damages? +

Florida does not cap compensatory damages in most wrongful death cases. Medical malpractice cases were historically subject to caps on non-economic damages, but the Florida Supreme Court has struck those caps down in several contexts. Whether any cap applies to your specific case is something Alan will address in your consultation. See: Florida Wrongful Death Law

What is the difference between a wrongful death claim and a survival action? +

A wrongful death claim is brought by and for the survivors, specifically the family members left behind, for their own losses. A survival action is brought by the estate on behalf of the deceased, recovering what the deceased could have claimed if they had lived, including their own pain and suffering between the injury and the death. Both actions are typically filed simultaneously in Florida wrongful death cases. See: Elements of Wrongful Death Under Florida Law

Can I file a wrongful death claim if the deceased had a pre-existing condition? +

Yes. Under Florida’s eggshell plaintiff doctrine, a defendant takes the victim as they find them. A pre-existing condition does not bar recovery. It may be argued by the defense in calculating damages, but it does not eliminate the claim. Alan has handled wrongful death cases involving victims with prior cardiac conditions, spinal injuries, diabetes, cancer, and other pre-existing health issues.

What if the at-fault party also died in the same incident? +

The wrongful death claim runs against the at-fault party’s estate and their insurance carrier. In the overwhelming majority of cases (car accidents, premises incidents, workplace accidents) the recovery comes from insurance, not the individual defendant’s personal assets. This is true even when the at-fault party died in the same accident.

What does the wrongful death process look like from start to finish? +

Alan’s approach follows a consistent structure: (1) free consultation to evaluate the facts and identify the deadline; (2) investigation, including scene, records, experts, and witnesses; (3) demand to the responsible party or insurer; (4) negotiation; (5) litigation if the offer is inadequate; (6) trial if necessary. Many cases resolve before trial. Alan prepares every case for trial from day one, because that preparation is what produces better settlements. See: Inadequate Jury Awards in Wrongful Death Cases

Free Consultation • No Fee Unless We Win

Speak With Alan Sackrin About Your Case.

Losing a family member is devastating. The legal process that follows should not add to that burden. Alan Sackrin handles every aspect of a wrongful death case personally so your family can focus on grieving and healing.

(954) 458-8655 | Call Alan Now
or send a message ›

✓Board Certified

Civil Trial Lawyer. Fewer than 2% of Florida attorneys hold this designation.

✓No Fee Unless We Win

Zero cost unless money is recovered on your behalf

✓750+ Lawsuits Filed

100+ jury verdicts over a 40-year career in Florida courts

Florida Wrongful Death