1About the Firm
Attorney David I. Fuchs Attorney David I. Fuchs

Did you recently lose a loved one in an accident?

If you believe the fatal incident was someone else’s fault, contact Fort Lauderdale wrongful death attorney David I. Fuchs.

He has decades of experience representing injured individuals and surviving family members in insurance claims and Florida litigation. He is not afraid to seek to hold another individual or business responsible for their careless, reckless, or willful misconduct, and he has a track record of obtaining fair results for his clients.

The best thing you can do for yourself and your family after losing a relative is to speak with a wrongful death lawyer about Florida law surrounding the topic, and your options moving forward. If your family has a right to wrongful death compensation, then an attorney can represent you through the insurance claim and legal processes.

To schedule a free consultation of your case with a Fort Lauderdale personal injury lawyer, call the David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 568-3636, or reach out via the online form.

2Our Process

Types of Wrongful Death Claims

Attorney David Fuchs handles a wide range of wrongful death claims, including:

  • Wrongful Death After a Car Accident
  • Truck Accident Wrongful Death Claims
  • Wrongful Death Due to Medical Malpractice
  • Wrongful Death Lawsuits Against Hospitals
  • Nursing Home Wrongful Death Claims
  • Wrongful Death After a Construction Accident
  • Wrongful Death After a Dangerous Property Accident
  • Maritime Accident Wrongful Death Claims

Florida Wrongful Death Law

The Florida Wrongful Death Act appears in the Florida Statutes Sections 768.16-768.26. These statutes determine:

  • When a wrongful death action arises
  • Who may pursue a wrongful death claim
  • Who may recover damages
  • The types of damages that are recoverable through a wrongful death lawsuit in Florida

To learn more about these laws and other statutes that may impact your case, contact a Broward County wrongful death attorney at David I. Fuchs, Injury & Accident Lawyer, P.A. right away. (954) 568-3636.

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“One of the hardest working attorneys I know”

Mercedes Gomez

David I. Fuchs Client

Read our Client Reviews

Yvette Ware
January 27, 2022.
My experience with David Fuchs was awesome, I got a really good return and Jessica was so helpful and worked really hard to get us back a really good return. Thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.
Nicholas Gambardella
December 13, 2021.
They have a wonderful team. Jessica was very helpful and took care of my well being, very informative about my situation also they were on the ball when it came down to settling...I highly recommend David
Stefany Dussan
December 3, 2021.
I’m so happy with the results, they are very nice and made a really good job!
gabrielle wilson
November 5, 2021.
Great experience. The staff was very helpful and attentive. If needed I will come back to them!
Donna Musgrove
October 22, 2021.
At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received, brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars!🌟 David made sure I understood exactly what, when, where, why and whatever question I had. I would definitely refer this firm as the “go-to” Florida personal injury gurus 🌟

Elements of Wrongful Death

Under Florida Statute Section 768.19, when another individual’s negligence or misconduct caused a person’s death, and the event would have given the person the right to maintain an action for damages had their death not occurred, then a wrongful death right of action is created. In other words, if your loved one would have had the right to file a personal injury lawsuit had they lived, then your family may be entitled to damages through a lawsuit.

Based on this law, the elements of a wrongful death claim include:

  • The at-fault party committed a wrongful act, negligence, default, or breach of contract or warranty
  • The at-fault party had a legal duty to behave in a different way toward the decedent and breached that duty
  • The at-fault party’s conduct directly caused the decedent’s death
  • The decedent’s death resulted in quantifiable economic and non-economic losses

Because you must be able to prove each of these elements in order to recover compensation, it is important to work with a Fort Lauderdale wrongful death attorney. You will need strong evidence of the other person’s wrongful conduct, and how it directly caused your loved one’s death. You also will need evidence of your and your family member’s losses.

Who Can File a Wrongful Death Suit?

Florida Statute Section 768.20 outlines who may file wrongful death lawsuits in the state.

Surviving spouses or relatives do not file wrongful death claims in Florida. Instead, the law specifically states that an action shall be brought by the personal representative of the decedent’s estate. This individual files the lawsuit on behalf of the decedent’s estate.

The personal representative of your loved one’s estate may be a family member. In fact, this is often the case. But it is not always true. A personal representative could be a long-time romantic partner, a friend, or a professional hired to handle the process.

If you have questions regarding who may file a claim for compensation after a loved one’s death, call a Fort Lauderdale wrongful death lawyer as soon as possible. (954) 568-3636.

Who May Recover Wrongful Death Damages in Florida?

Because the personal representative files a claim on behalf of the estate and surviving relatives, it is important to understand who may share in the potential financial recovery. Florida law also determines who may receive compensation in wrongful death lawsuits.

Florida law states that the decedent’s survivors may obtain compensation, and it defines who is or is not a survivor in Florida Statute Section 768.18(1). Survivors include the decedent’s spouse, children, parents, and any other relatives who were partly or entirely dependent on the decedent’s support or services. If your loved one left behind a spouse, children, or parents, then these people may obtain portions of any recovered compensation.

Typically, siblings, cousins, aunts and uncles, grandparents, and other relatives are not entitled to compensation. However, this presumption can be overcome if one of these relatives was financially or physically dependent on the decedent. For example, if your loved one took care of a disabled sibling who is not capable of living on their own, then this sibling has a right to a portion of wrongful death proceeds.

Naturally, you may have questions regarding who can receive compensation and how much various survivors may be entitled to. A Fort Lauderdale wrongful death attorney from David I. Fuchs, Injury & Accident Lawyer, P.A. can answer all of your questions and prepare you for the potential outcome of a wrongful death case.

Florida Wrongful Death Damages

During a wrongful death lawsuit, an attorney can guide a personal representative is seeking a wide range of damages. Certain damages are for the benefit of the estate, while other damages are for specific survivors.

Wrongful death damages include:

  • Burial and funeral expenses for the estate or survivor who paid them
  • Medical expenses for the estate or survivor who paid them
  • Each survivors’ lost support and services
  • Surviving spouse’s loss of consortium – the decedent’s companionship and protection
  • Surviving spouse’s mental pain and suffering
  • Children’s loss of parental companionship, instruction, guidance, and mental pain and suffering
  • Parent of a minor child’s mental pain and suffering
  • Loss of decedent’s earnings for the estate
  • Loss of estate’s prospective net accumulation

There also are more specific rules attached to these damages. For example, when a decedent leaves behind children, the damages those children are entitled to vary depending on whether they are minors (under the age of 25 years) or adults.

Another possible type of damages available in FL wrongful death suits is punitive damages. These are only available under certain circumstances. The personal representative must be able to prove that the at-fault party was malicious or reckless in causing the accident and your loved one’s death. The more egregious or extreme the at-fault party’s conduct, the stronger your claim for punitive damages.

To learn more about the types of damages available after your loved one’s death and the potential value of these damages, talk with a wrongful death attorney from David I. Fuchs, Injury & Accident Lawyer, P.A. as soon as possible.

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$1.8 Million Brain Injury Settlement

Case Type: Traumatic Brain Injury

Wrongful Death Settlements in Florida

When you suffer the loss of a loved one in a fatal accident, your mind may turn to file a lawsuit. You may imagine spending time in court and going to trial. Some wrongful death lawsuits do move forward to trial and are decided by a judge or jury. However, many claims are resolved through a pre-trial settlement.

Attorney David Fuchs will conduct an in-depth investigation into the fatal accident in order to determine who was responsible, which party is liable for compensating your family, and whether there are any relevant insurance policies.

When there is a relevant insurance policy, attorney Fuchs will pursue an insurance claim. This can be a more efficient way of obtaining a fair wrongful death settlement without going through the time and expense of a trial.

Florida Wrongful Death Statute of Limitations

Under Florida law, a wrongful death lawsuit must be commenced within two years of the date of decedent’s death.

This may seem like plenty of time, but two years can pass quickly. You may speed through the weeks, months, and the first year after the accident, especially when you are fighting with an insurance company. This is why it is important to speak with a wrongful death attorney about your right to file a lawsuit as soon as possible. You may not wish to file right away, but you should be well aware of your deadline.

Rules for Filing a Wrongful Death Claim in Florida

Every state has different requirements when it comes to claiming damages for the death of a loved one. In some states, family members such as a spouse or children can file a claim. In other states, only the representative of the deceased person’s estate has the right to file.

Knowing what the law says in Florida can help you understand whether you have the right to file after an unexpected death – and if you don’t, who could. A conversation with one of our lawyers can give you more information, but here are four basic laws in Florida:

  1. When can one file for wrongful death? Unfortunately, not every death will result in the right to compensation. In Florida, the law defines wrongful death as a death that stems from the “wrongful act, negligence, default, or breach of contract or warranty” of another person or entity. Furthermore, the circumstances of the death must entitle the injured person to recover damages.
  2. Who can file in Florida? Florida is one of the states in which only the deceased person’s estate representative can file the claim. The decedent’s will or estate plan might name this person, or the courts can appoint a representative during probate. The representative files a wrongful death claim on behalf of the state and any family members who survive.
  3. What damages are available? The deceased person’s surviving spouse, children parents, and any blood relative who is dependent on him/her for support could receive damages such as funeral and burial expenses, the value of the decedent’s love and support, the cost of the decedent’s medical bills and lost wages, and compensation for the family’s mental anguish over losing the person.
  4. How long must a representative bring the claim? Florida’s statute of limitations for filing a wrongful death claim is two years from the date of death in most cases. There are rare exceptions in which the courts might extend this deadline. It’s important to talk to an attorney as soon as you can after the death of a family member to make sure you don’t miss the deadline and lose your right to file a lawsuit.

Schedule a Free Consultation With a Fort Lauderdale Wrongful Death Attorney

If you lost a loved one through a fatal accident, David I. Fuchs, Injury & Accident Lawyer, P.A. will thoroughly review your circumstances, advise you of your rights and options under Florida wrongful death law, and when appropriate, represent you in a wrongful death insurance claim or lawsuit. When another person or business is responsible for your loved one’s death, attorney David Fuchs will fight for you to receive the compensation you deserve.

After unexpectedly losing a loved one, do not hesitate to schedule a free, initial case consultation through the online form, or by calling (954) 568-3636.

If you cannot come to the Fort Lauderdale office, accident attorney David I. Fuchs will send a representative to see you. His staff speaks English and Spanish. Se habla Inglés y Español.

Llame a David Fuchs abogado de accidentes en la Fort Lauderdale. Ofrece consultas gratuitas.