Holding Negligent Parties Accountable When a Family Loses a Loved One
The death of a spouse, parent, child, or sibling is one of the hardest losses a family can experience — and harder still when it happened because someone else acted carelessly, recklessly, or unlawfully. Florida law gives surviving family members a path to accountability through the Florida Wrongful Death Act, and Baker Legal Team has spent more than 30 years helping families pursue that accountability. Founder Robert B. Baker is a Board Certified Civil Trial Lawyer with the Florida Bar — a distinction held by fewer than 1% of Florida attorneys — and the firm has recovered more than $400 million on behalf of injured plaintiffs and their families.
Call Baker Legal Team at 888-468-4608 or 561-489-2909 for a free, confidential consultation.
What Counts as a Wrongful Death Case in Florida
Under Florida Statutes Chapter 768.16-768.26 (the Florida Wrongful Death Act), a wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, default, or intentional act that would have entitled the decedent to bring a personal injury claim had they survived. Common circumstances include:
- Drowning, boating, jet ski, and other water-related fatalities
- Cruise ship deaths and maritime fatalities (where Jones Act, DOHSA, or general maritime law may also apply)
- Defective products — watercraft, vehicles, medical devices, pharmaceuticals
- Auto, motorcycle, and trucking collisions caused by negligent drivers
- Medical and pharmaceutical negligence, including failure-to-warn cases
- Premises liability, including unsecured pools and unsafe property conditions
- Workplace fatalities involving third-party negligence
Wrongful death claims are civil claims and proceed independently from any related criminal prosecution. To establish liability, your attorney must show that the responsible party owed the decedent a duty of care, that the duty was breached, and that the breach caused the death.
Who Can File a Wrongful Death Claim
In Florida, only the personal representative of the decedent’s estate may bring a wrongful death claim. If the decedent had a will or estate plan, the personal representative is typically named there. Otherwise, the probate court appoints one. The personal representative files on behalf of the surviving family members and the estate.
Who Can Recover Damages
- The decedent’s spouse, children, and parents
- Any blood relative or adoptive sibling who was wholly or partly dependent on the decedent for support or services
- Children of unmarried parents may recover for the death of the mother; children may recover for the death of the father if the father formally recognized them and was responsible for their support
Florida's Two-Year Filing Deadline
Florida law generally imposes a two-year statute of limitations on wrongful death claims, measured from the date of death. Some claims — particularly those involving public entities, medical malpractice, or product liability — carry separate notice requirements and discovery rules that can shorten or extend the window. Acting quickly preserves both your legal rights and the evidence your case depends on.
Damages Recoverable Under the Florida Wrongful Death Act
The Florida Wrongful Death Act allows recovery of both estate damages and survivor damages. Depending on the facts of your case, recoverable damages may include:
- Medical and funeral expenses paid by the estate or family
- The decedent’s lost earnings between injury and death, and loss of net accumulations to the estate
- Loss of support and services to surviving family members
- Loss of companionship and protection (for a surviving spouse)
- Loss of parental companionship, instruction, and guidance (for surviving children, particularly minors)
- Mental pain and suffering of surviving family members
- Punitive damages where the conduct was especially egregious
Calculating future losses — particularly the income a younger decedent would have earned over a working lifetime — requires careful work with economists and life-care planners. We engage these experts early so the value of your case is fully developed before any settlement discussion begins.
How We Build a Wrongful Death Case
- Independent investigation of the scene, vehicle, vessel, product, or premises
- Acquisition of police reports, autopsy and medical examiner records, 911 recordings, and agency files
- Review of maintenance logs, surveillance footage, and corporate documents
- Witness and first-responder interviews
- Retention of accident reconstruction, biomechanics, marine, medical, and economic experts as the case requires
- Identification of every potentially liable party — including manufacturers, contractors, property managers, insurers, and corporate parents — so a single insurance policy does not cap your recovery
- Negotiation with insurers backed by genuine willingness to try the case to verdict
Why Baker Legal Team for Your Family's Case
Robert B. Baker, Esq., B.C.S. is responsible for the $39 million verdict in Archer/Perez v. Yamaha Motor Corp. — the largest verdict ever recorded against a watercraft manufacturer — and a precedent-setting case before the Florida Supreme Court in Lamz v. Geico that reshaped Florida’s uninsured/underinsured motorist law statewide. He has tried and won jury verdicts against Bombardier and Yamaha and is responsible for design changes to personal watercraft worldwide that eliminated the off-throttle steering hazard.
Recovered for injured plaintiffs and their families
Representing wrongful death plaintiffs
Verdict in Archer/Perez v. Yamaha
- Board Certified Civil Trial Lawyer (Florida Bar, since 2002 — <1% of FL attorneys)
- 30+ years representing wrongful death plaintiffs
- $400M+ recovered for injured plaintiffs and their families
- Federal practice in the Middle and Southern Districts of Florida
- Free consultations, contingency fee — no fee unless we recover
- We co-counsel on cases nationwide
FAQ
Frequently Asked Questions
Free consultations. No fees unless we recover.
How long does a wrongful death case take in Florida?
It depends on the complexity of the case, the number of liable parties, and whether the case settles or proceeds to trial. Straightforward cases with clear liability can resolve in months. Complex product-liability or maritime wrongful death cases — particularly those involving multiple defendants or out-of-state parties — typically take longer. We discuss realistic timelines candidly during the initial consultation.
What if my loved one was partly at fault?
Florida follows a modified comparative negligence rule. A claim can still proceed as long as the decedent was not more than 50% responsible for the death; recovery is reduced by the decedent’s share of fault. We carefully analyze comparative-fault arguments and work to counter defense theories that shift blame onto the victim.
Do you handle wrongful death cases outside of Florida?
We co-counsel on wrongful death and serious-injury cases nationwide, particularly in maritime, cruise-ship, watercraft, and product-liability matters. If your case involves Florida law or a Florida defendant, we can typically handle it directly. For out-of-state matters we partner with local counsel.
Are there upfront costs?
No. Baker Legal Team handles wrongful death cases on a contingency-fee basis. Legal fees are owed only if we recover compensation. The firm advances case costs — investigation, experts, court fees — so your family bears no out-of-pocket burden while the case is pending.
Contact Our Wrongful Death Attorneys
If your family has lost a loved one to another party’s negligence, contact Baker Legal Team for a free, confidential consultation. Call 888-468-4608 (toll-free) or 561-489-2909, or reach out online. “Baker Never Quits.”
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