When Can You Apply For A Wrongful Death Lawsuit?
Published:
March 4, 2026
If someone you love died as a result of negligence on the part of an individual or organization, you have the right to demand compensation. No lawsuit will ever make up for the loss you have suffered, of course, but it could go a long way toward making up for any material loss you have incurred, such as diminished income or funeral expenses. Here is what you need to know about wrongful death lawsuits.
What Is A Wrongful Death Lawsuit?
A wrongful death claim exists when someone dies due to the legal fault of another person or organization. The at-fault person could be a negligent employer, a driver who caused a car accident, or even a bartender who served alcohol to a drunk driver. It is not always easy to place the blame where it belongs in these cases. The actual fault for an accident may lie with someone who is several degrees removed from the deceased, like the manufacturer of a defective tool that leads to the death of a worker, for example.
Wrongful death statutes also vary from state to state. Although, they all define who may sue for wrongful death, and when, and if any limits may be applied to damages.
When Can You Claim For A Wrongful Death?
In Florida, wrongful death claims can be made by the spouse, children, or parents of a deceased person. The claim must be filed within two years of the time of death. The same statute of limitations applies in New York. Both states recognize three possible causes for wrongful death: wrongful act, breach or default of contract, and negligence.
How Can A Personal Injury Lawyer Help You?
Personal injury lawyers often deal with wrongful death cases in addition to all other types of personal injury lawsuits. We can help you file your suit and fight it out in court if necessary. We can also help you determine exactly what kinds of damages you can claim for. These include:
- funeral and burial expenses
- reasonable health care expenses related to the deceased person's final injury or illness
- any financial support the deceased would have contributed to the family
- the value of support and services the deceased would have provided to the family
- the value of parental nurturing, care, and guidance to surviving children
- survivors' lost inheritance
- conscious pain and suffering endured by the deceased due to the final injury or illness, and
- interest on the damages award, calculated from the date of death
How Can Shamis & Gentile Help Me If I Experienced A Wrongful Death Of A Family Member?
Shamis & Gentile, P.A., provides outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, personal injury protection, class actions/mass tort, and contract disputes. When you bring your case to Shamis & Gentile, you will always work with a seasoned attorney who has an excellent track record. We are progressive and trusted within the legal community, and we are often called upon to settle cases that other law firms may not be able to handle on their own. Our lawyers have dealt with numerous wrongful death cases and we understand how to handle them with care and sensitivity while also fighting hard for the rights of victims and their surviving loved ones. If you have lost someone due to the negligence of another individual or organization, book a consultation with one of our wrongful death lawyers.
