What Florida Families Need to Know About Wrongful Death Claims
July 29, 2025 | Category: Personal Injury, Wrongful Death | ShareFor grieving families in Florida, filing a wrongful death claim provides an opportunity to seek justice while also ensuring that they will have the financial resources they need for the future. Successful wrongful death claims can result in substantial financial recoveries and hiring a Fort Myers wrongful death lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. to seek justice on your family’s behalf costs nothing out-of-pocket.
If you are thinking about filing a wrongful death claim after a fatal accident in Florida, it will be important to ensure that you are making informed decisions every step of the way. Here are some key insights for making an informed decision about whether to schedule a free consultation:
Families Can File Wrongful Death Claims in a Wide Range of Circumstances
Florida families have the right to file a wrongful death claim in a wide range of circumstances. At Spivey Law Firm, we handle wrongful death claims on behalf of grieving families in cases ranging from car accidents and pedestrian accidents to nursing home neglect and abuse.
If you have lost a loved one under any circumstances in which you believe that a person or company may be to blame, it will be worth speaking with a Fort Myers wrongful death lawyer at Spivey Law Firm about your family’s legal rights. Regardless of the circumstances at hand, an experienced lawyer will be able to help you understand your family’s legal rights and help you make informed decisions about your next steps.
Filing a Wrongful Death Claim Requires Evidence of Liability
Filing a wrongful death claim requires evidence of liability. In other words, your family must be able to prove who (or what company) is legally responsible for your loved one’s fatal accident.
While this has several implications, one of its most important implications is that your family will need to hire a lawyer to investigate the fatal accident as soon as possible. As long as you hire an attorney in time, he or she will be able to preserve the available evidence before it disappears—and then the lawyer will be able to examine the evidence to determine who (or what company) deserves to be held accountable.
Filing a Wrongful Death Claim Also Requires Evidence of Your Family’s Losses
Along with evidence of liability, filing a wrongful death claim also requires evidence of your family’s losses. While your family’s attorney will be able to collect much of this evidence for you, they will need your help (and potentially other family members’ help) as well.
With this in mind, it is important to be prepared to play an active role in your family’s wrongful death claim. While you can—and should—rely on the lawyer to deal with the insurance companies and provide representation in court (if required), you should also be prepared to provide information when necessary. The more you can do to assist the lawyer with proving your family’s losses when necessary, the more he or she will be able to seek on your family’s behalf.
Wrongful Death Claims Are Subject to Strict Deadlines and Other Requirements
Under Florida law, wrongful death claims are subject to strict deadlines and other requirements. These include requirements pertaining to who can take legal action. To ensure that your family does not run out of time—and to ensure that your family does everything necessary to take legal action effectively—you should consult with a Fort Myers wrongful death lawyer at Spivey Law Firm as soon as possible.
In most cases, the statute of limitations for a wrongful death claim in Florida is two years from the date of death. While this might seem like it gives you plenty of time to take legal action, there are other important considerations to keep in mind. For example, as we mentioned earlier, it is crucial to conduct an investigation and gather evidence promptly; in some cases, unnecessary delays can lead to significant challenges.
Most (But Not All) Successful Wrongful Death Claims Settle Without Going to Court
If you decide to file a wrongful death claim, there is a possibility that your family’s claim will end up in court. The insurance companies do not have to settle. If your family is not satisfied with any of the settlement offers presented, then going to court may be the best option under the circumstances.
With that said, most successful wrongful death claims settle without going to court. Your family’s wrongful death lawyer will prioritize targeting an out-of-court settlement. If an offer is on the table, your family’s lawyer will help you make an informed decision about whether to accept.
Hiring an Experienced Fort Myers Wrongful Death Lawyer Costs Your Family Nothing Out-of-Pocket
While the outcome of your family’s wrongful death claim may be uncertain, one fact that is certain is that your family will not have to pay anything out of pocket for its legal representation. At Spivey Law Firm, we handle all wrongful death claims on a contingency-fee basis, which means our clients pay nothing unless we help them recover just compensation.
Schedule a Free, No-Obligation Consultation with Fort Myers Wrongful Death Lawyer Randall L. Spivey
Attorney Randall L. Spivey, president and founder of Spivey Law Firm, Personal Injury Attorneys, P.A. has devoted his career of over 30 years to helping families of those injured or wrongfully killed by the negligence of others or corporations. He is Board Certified in Civil Trial Law by the Florida Bar, which means that he is an expert in his field. Randall Spivey is also recognized as a Super Lawyer in Florida by Florida Super Lawyer’s Magazine and is AV-Rated, for the highest ethical standard by Martindale-Hubbell.
Do you need to speak with a lawyer about filing a claim for a fatal accident in Florida? If so, we encourage you to schedule a free, no-obligation consultation at Spivey Law Firm, Personal Injury Attorneys, P.A. To speak with Fort Myers wrongful death lawyer Randall L. Spivey about your family’s legal rights in confidence, give us a call at 239-337-7483 or toll-free 888-477-4839, or tell us how we can reach you online at SpiveyLaw.com today.