What a Wrongful Death Lawyer Does in Boca Raton
A wrongful death lawyer in Boca Raton represents the family members or estate of someone who died because of another person's negligence or intentional harm. They investigate what happened, gather evidence, negotiate with insurance companies, and file lawsuits if settlement talks stall. They also handle the paperwork required by Florida courts and manage the timeline — wrongful death claims in Florida have a two-year important date from the date of death, which is firm.
In Boca Raton specifically, wrongful death cases often involve car accidents on I-95 or local roads, medical malpractice at Boca Raton Regional Hospital or other facilities, workplace deaths, or deaths caused by defective products. A lawyer who practices in Boca Raton knows the local court system, the judges who hear these cases, and the insurance defense firms you are likely to face.
The lawyer's job is to prove that someone else's actions or failure to act directly caused the death, and to calculate what that loss is worth — both the financial losses (medical bills, funeral costs, lost income) and the non-financial ones (loss of companionship, emotional suffering). They do not make the decision to sue; you do. But they tell you whether a case is worth pursuing and what the realistic range of recovery is.
Key Takeaways
- Wrongful death claims in Florida must be filed within two years of the death, and this important date cannot be extended.
- A Boca Raton wrongful death lawyer investigates the death, handles all court filings, and negotiates or litigates against the responsible party's insurance company.
- You can recover both economic losses (funeral costs, medical bills, lost income) and non-economic losses (loss of companionship, emotional suffering).
- Most wrongful death lawyers work on contingency, meaning they take a percentage of the settlement or judgment rather than charging upfront fees.
- The person or entity who files the claim is determined by Florida law — usually the surviving spouse, children, or estate representative — not by who hires the lawyer.
Who Can File a Wrongful Death Claim in Florida
Florida law is strict about who has the legal right to file a wrongful death claim. The person who files is called the personal representative of the estate, and they are usually named in the deceased person's will. If there is no will, the court appoints someone — typically the surviving spouse, then adult children, then parents, in that order.
This matters because the personal representative is the one whose name appears on the lawsuit, even if you hire a lawyer to handle everything. The lawyer represents the estate and the family members who stand to inherit, but the legal claim belongs to the estate itself. If the deceased person left a will that names an executor, that person is usually the personal representative. If not, you may need to file a petition with the Probate Court in Palm Beach County to have someone appointed before the wrongful death claim can move forward.
A Boca Raton wrongful death lawyer can guide you through this step and explain whether you need to open a probate case first or whether the claim can proceed without one. In some situations, a small estate can be handled more quickly, but the two-year important date still applies.
How Wrongful Death Cases Work in Boca Raton
The process usually begins with an investigation. The lawyer obtains the police report (if it is a car accident or crime), medical records, witness statements, and informed opinions about what caused the death. For a car accident, they may hire an accident reconstructionist. For a medical death, they hire a doctor in the same specialty to review the medical records and say whether the treatment fell below the standard of care.
Once the investigation is complete, the lawyer sends a demand letter to the at-fault party's insurance company. This letter lays out the facts, the evidence of negligence, and a dollar amount the family is seeking. The insurance company then has time to investigate on its side. If they agree the death was caused by their insured, they may make an offer. If they dispute liability or the amount, negotiations continue.
If no settlement is reached, the case goes to court. In Boca Raton, wrongful death cases are filed in the Circuit Court in West Palm Beach (the county seat). The case will be assigned to a judge, and both sides will exchange documents and take depositions — recorded question-and-answer sessions where witnesses and the parties answer questions under oath. Most cases settle before trial, but if yours does not, a jury will hear the evidence and decide whether the defendant is liable and what damages to award.
What Damages Mean in a Wrongful Death Case
Damages is the legal term for money awarded to compensate for loss. In a wrongful death case, Florida law allows the family to recover both economic and non-economic damages.
Economic damages are the financial losses that can be calculated: funeral and burial costs, medical bills from the final illness or injury, lost wages the deceased would have earned, and lost benefits like health insurance or pension. These are usually the easier numbers to prove because they are documented in bills and tax returns.
Non-economic damages are the emotional and relational losses: the loss of companionship, guidance, and emotional support from the deceased person. A parent loses a child. A child loses a parent. A spouse loses their partner. These losses have no receipt, but Florida law recognizes them as real and compensable. The jury decides what these losses are worth based on the evidence presented — how close the family was, how long the deceased would have lived, what role they played in the family.
There is no cap on non-economic damages in Florida wrongful death cases, though the jury's award must be reasonable based on the evidence. A lawyer experienced in Boca Raton cases can tell you what similar cases have settled for, which gives you a realistic sense of what your case might be worth.
Finding and Choosing a Wrongful Death Lawyer in Boca Raton
Start by asking for referrals from people you trust — friends, family, your regular doctor, or your employer's human resources department. Many lawyers also advertise in local directories, on their websites, and through the Florida Bar's lawyer referral service. When you contact a lawyer, ask whether they handle wrongful death cases regularly and whether they have tried cases to a jury or primarily settle them.
Most wrongful death lawyers in Boca Raton work on contingency, which means they do not charge you upfront. Instead, they take a percentage of the settlement or judgment — usually 25 to 40 percent, depending on whether the case settles or goes to trial. You should also ask about costs: even on contingency, you may owe for informed witnesses, court filing fees, and investigation expenses. Some lawyers advance these costs; others ask you to pay them as they arise. Get this in writing before you hire anyone.
During your first meeting, a good lawyer will listen to your story, ask detailed questions about the death and your relationship to the deceased, and explain honestly whether they think you have a case. They should not promise a specific outcome or amount. They should explain the process, the timeline, and what you can expect. If a lawyer guarantees a result or pressures you to sign when ready, that is a sign to talk to someone else.
The Two-Year important date and Why It Matters
Florida law gives you two years from the date of death to file a wrongful death claim. This important date is called the statute of limitations, and it is absolute. If you miss it, you lose the right to sue, no matter how strong your case is. There are very narrow exceptions — for example, if the deceased person was a minor, the clock may start when they turn 18 — but these are rare and require a lawyer to evaluate.
This is why it is important to contact a lawyer as soon as you can after a death. You do not have to file the lawsuit when ready, but you need to have a lawyer working on the case well before the two-year mark. The lawyer will file the claim in time, but they need months to investigate, gather evidence, and prepare. If you wait until year two to hire someone, you are cutting it very close.
If you are unsure whether the two-year important date has passed, a lawyer can tell you. The important date is measured from the date of death, not from the date you discovered the cause or decided to sue. If the death was on January 15, 2022, the important date is January 15, 2024, regardless of when you learned the death was someone else's fault.
What Happens to the Money if You Win
If the case settles or a jury awards damages, the money goes to the personal representative of the estate. The personal representative then pays the lawyer's contingency fee (usually 25 to 40 percent), reimburses costs, pays any debts the deceased owed, and distributes the remainder to the family members according to Florida law or the deceased person's will.
If the deceased left a will, the money is distributed according to that will. If there was no will, Florida's intestacy laws determine who gets what — usually the surviving spouse gets a share, children get a share, and so on. The personal representative has a legal duty to follow these rules, and the family members can challenge the distribution if they believe it is wrong.
This is another reason the personal representative matters: they control how the money is divided. If you are not the personal representative and you disagree with how the money is being handled, you may need to hire a probate lawyer in addition to the wrongful death lawyer. A good wrongful death lawyer can explain this upfront and help you understand your rights.
Frequently Asked Questions
Can I sue if the death happened more than two years ago?
No. Florida's two-year important date is firm, and there are almost no exceptions. If the death occurred more than two years ago, you have lost the right to file a wrongful death claim. The only narrow exception is if the deceased was a minor at the time of death; in that case, the important date may not start until they turn 18. A lawyer can tell you whether this applies to your situation.
What if the person who caused the death does not have insurance?
You can still sue them personally, but collecting money may be difficult. A lawyer will investigate whether they have assets — a house, a car, a bank account — that can be seized to pay a judgment. Some people have very little, and a judgment against them is worth little. This is why insurance matters: it guarantees there is money to pay. If there is no insurance and no assets, a lawyer will tell you the case may not be worth pursuing.
Do I have to go to court, or can we settle?
Most wrongful death cases settle before trial. The insurance company knows the risks of a jury trial and often prefers to pay a settlement rather than risk a larger judgment. Your lawyer will negotiate on your behalf and advise you on whether an offer is fair. You have the final say on whether to accept a settlement or go to trial.
How long does a wrongful death case usually take?
It depends on the complexity of the case and how quickly the insurance company responds. A straightforward car accident case might settle in six months to a year. A medical malpractice case or a case that goes to trial can take two to four years or longer. Your lawyer should give you a realistic timeline based on the facts of your case.
What if I cannot afford to hire a lawyer?
Most wrongful death lawyers work on contingency, so you do not pay upfront. If a lawyer believes you have a case, they will take it without charging you a fee unless you win. If a lawyer declines your case, it may be because they do not think it is strong enough to pursue, not because you cannot afford it. You can always contact another lawyer for a second opinion.