Wrongful Death

After an accident that resulted in a wrongful death, you need a West Palm Beach board-certified trial lawyer with extensive experience in handling these types of cases. For over 20 years, our firm has been helping victims like you recover and rebuild their lives.

The team of wrongful death professionals at our law firm understands what you and your family are going through.  You have questions about whether you have a claim, how much it’s worth, and how long it’ll take to get compensation and hold the wrongdoer accountable.  

Our board-certified trial lawyers are experienced in managing all types of wrongful death accident cases. We’ll give you honest, easy-to-understand answers to your questions. Additionally, we’ll help you complete required paperwork and guide you through the legal and insurance claims processes with care and expertise. 

A wrongful death occurs when someone loses their life due to the negligence, recklessness, or intentional actions of another individual or entity. In such cases, the law provides a way for surviving family members to seek justice and financial compensation for their loss, including coverage for medical bills and other damages.

Under Florida’s Wrongful Death Act, eligible survivors who have suffered harm as a result of a loved one’s death can file a civil lawsuit against the responsible party.

The Act clearly outlines its purpose, stating: “It is the public policy of the state to shift the losses resulting from wrongful death from the survivors of the deceased to the wrongdoer.” F.S. § 768.17.

This claim must be filed within specific timeframes, as Florida law limits the period in which a wrongful death lawsuit can be initiated.

This legal framework ensures that those who cause harm through negligence or misconduct are held accountable, providing a measure of relief to grieving families.

The guidance of experienced West Palm Beach wrongful death attorneys can help families understand their rights and navigate the complexities of these emotionally charged cases.

A wrongful death claim is a civil lawsuit filed when someone’s death is caused by the negligence, wrongful actions, or misconduct of another individual or entity. Under the Wrongful Death Act, eligible survivors have the right to pursue legal action against the responsible party if the death resulted from a “wrongful act, negligence, default, or breach of contract.” F.S. § 768.19.

This type of claim allows surviving family members to seek compensation for both economic and non-economic damages, such as lost income, medical expenses, emotional pain, and the loss of companionship. The purpose of the law is to hold wrongdoers accountable and provide financial support to those who have suffered an irreplaceable loss.

Experienced Trial Lawyers Providing Guidance, Clarity, and Results When It Matters Most

When a loved one dies because of someone else’s negligence or misconduct, the emotional and financial toll can be overwhelming. At Bill Bone Law Group, we understand that no amount of money can bring your loved one back—but justice and accountability matter. For more than 20 years, our board-certified trial attorneys have helped families in West Palm Beach and throughout South Florida seek truth, closure, and fair compensation.

Your Case Deserves a Trial-Ready Advocate

Wrongful death cases are complex and emotionally charged. Insurance companies know this and often try to settle quickly, before you know the full value of your loss. We’re not a settlement mill. Our attorneys are experienced courtroom litigators who are ready to go to trial when necessary. That reputation alone can compel insurers to take your claim seriously.

We don’t just handle wrongful death claims—we excel at them. Whether your loss resulted from a traffic crash, medical negligence, or unsafe conditions on someone’s property, our team is ready to fight for your family’s rights with the care, integrity, and aggressive advocacy we’re known for.

Under the Wrongful Death Act, the personal representative of the deceased is authorized to file a lawsuit “for the benefit of the decedent’s survivors and estate, seeking all damages specified in this act that were caused by the injury resulting in death.” F.S. § 768.20. The personal representative is typically named in the decedent’s will or estate plan. If no will or estate plan exists, the court will appoint a personal representative to handle the case.

The law defines survivors as “the decedent’s spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the decedent for support or services.” Additionally, it includes “a child born out of wedlock to a mother, but not a child born out of wedlock to a father unless the father has acknowledged responsibility for the child’s support.” F.S. § 768.18(1).

A wrongful death lawsuit can be filed on behalf of the following survivors:

• Spouse

• Children

• Parents

• Dependent blood relatives

• Dependent adoptive siblings

• Children born out of wedlock to a mother

• Children born out of wedlock to a father, provided he accepted responsibility for the children

Standard Rule

In most cases, a wrongful death lawsuit must be filed within two years from the date of the deceased’s passing. This time frame, known as the statute of limitations, is outlined in F.S. § 95.11(4)(d). However, there are very limited circumstances under which this two-year deadline may be tolled, meaning the filing period can be paused or delayed.

Determining the exact deadline for filing a wrongful death claim can be complex, and missing this critical window can result in losing the right to pursue legal action forever. To avoid being permanently barred from filing a claim, it’s essential to consult an experienced wrongful death attorney as soon as possible. They can evaluate your situation, clarify the applicable deadlines, and ensure your claim is filed within the required time frame.

Medical Malpractice 

Standard Rule

In cases where medical malpractice leads to death, it’s important to understand that the statute of limitations for medical malpractice claims applies, not the one for wrongful death actions. Under Florida law, while both statutes have a two-year filing period, the key difference lies in when the “clock” starts ticking.

For medical malpractice claims, the statute of limitations begins when the malpractice occurred or when it was discovered (or should have been discovered with reasonable diligence). This is distinct from wrongful death claims, where the two-year period starts from the date of death. This distinction is critical, as it can significantly affect the timing and eligibility of filing a claim.

If you believe a loved one’s death resulted from medical malpractice, it’s essential to consult an experienced attorney immediately. They can help determine the applicable deadlines and ensure your claim is filed within the required time frame. Missing this window could result in losing the right to pursue legal action altogether.

Discovery Rule

At first glance, Florida’s statute of limitations for medical malpractice claims seems straightforward: injured parties have two years to file a lawsuit from the date the alleged malpractice occurred or from the date it was discovered (or should have been discovered). This provision, known as the Discovery Rule, delays the start of the statute of limitations until the malpractice is identified. But what exactly does “discovered” mean in this context?

The Florida Supreme Court has clarified that “discovered” refers not only to knowledge of the injury but also to the awareness that there is a “reasonable possibility” the injury resulted from medical negligence. Tanner v. Hartog, 618 So.2d 177, 181 (Fla. 1993). In other words, simply knowing about an injury isn’t enough to start the clock on the statute of limitations, which is good news for those with a potential claim. There must also be reason to believe that medical malpractice may have played a role.

For injuries that are obviously linked to medical malpractice, the statute of limitations begins when the injury is discovered. However, for injuries that could reasonably be attributed to natural causes, the clock doesn’t start until there is reason to suspect that malpractice might have been a factor. This distinction ensures that patients have a fair opportunity to pursue claims, even when the connection between their injury and potential malpractice isn’t immediately clear.

The Discovery Rule adds a layer of complexity to medical malpractice cases, making it essential to consult an experienced attorney who can help determine when the statute of limitations began and ensure your claim is filed within the required time frame.

Statute of Repose

In addition to the statute of limitations, medical malpractice claims in Florida are also governed by what’s known as a statute of repose. Unlike a statute of limitations, which sets a time limit for filing a claim, a statute of repose acts as an absolute deadline. Once this period expires, the claim is completely barred, even if the statute of limitations hasn’t yet run out. In such cases, the statute of repose takes precedence. Kush v. Lloyd, 616 So.2d 415 (Fla. 1992).

Florida law imposes a four-year statute of repose for medical malpractice claims. According to F.S. § 95.11(4)(b), “in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.” This means that, regardless of when the malpractice is discovered, the claim must be filed within four years of the date the alleged malpractice occurred.

However, there are two narrow exceptions to this rule: (1) cases involving children eight years of age or younger and (2) instances of fraudulent concealment by the healthcare provider. F.S. § 95.11(4)(b).

The statute of repose is a highly complex and technical legal concept. While statutes of limitations are widely recognized and even understood by the general public, the same cannot be said for statutes of repose. In fact, even many attorneys struggle to fully grasp the critical distinctions between the two. The Florida Supreme Court has acknowledged this, noting that “there is considerable misunderstanding of the relationship between statutes of limitations and statutes of repose” even among practicing lawyers. Kush, 616 So.2d at 418. This confusion likely stems from the fact that statutes of repose are relatively uncommon. While every legal claim in every state is subject to a statute of limitations, only a limited number of claims are also governed by a statute of repose.

Given the complexity of these rules, it’s essential to consult an experienced attorney if you believe you have a medical malpractice claim. They can help navigate these intricate legal timelines and ensure your case is filed within the required deadlines.

Filing deadlines are one of the most critical yet complicated aspects of pursuing a wrongful death claim. If the claim is not filed by a specific deadline, you may be permanently barred from moving forward with your lawsuit, even if your case is strong and would otherwise entitle you to compensation for your loved one’s wrongful death.

This complexity makes it exceptionally challenging to successfully file and win a wrongful death claim in Florida without the help of a highly knowledgeable attorney, particularly one with years of experience handling both wrongful death and medical malpractice cases.

For decades, we have been dedicated to securing compensation and safeguarding the financial futures of wrongful death and medical malpractice victims like you. Don’t wait until it’s too late—call us today to ensure your claim is filed correctly and on time.