Liability Questions
Who is at fault, how it is proven, and how disputed liability is handled.
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Florida FAQs
Florida Wrongful Death FAQs
Common questions about wrongful death cases, answered in plain language by the Florida injury attorneys at The Marin Law Offices.
- Plain-language Florida-specific answers
- Free follow-up consultation
- Bilingual support
Wrongful Death FAQs Anchored to Florida Practice
A wrongful death case is structurally different from any other injury claim. The Florida Wrongful Death Act controls who can recover, what categories of damages are available, and how a personal representative is appointed. Survivor recoveries are limited to certain family relationships and statutory categories of loss.
The two-year deadline runs from the date of death, not the date of the underlying incident. Insurance investigations move quickly during that window and the family is often pulled into recorded statements and benefits paperwork before counsel is retained.
These FAQs walk through the personal-representative process, the categories of recoverable damages, and the early steps that preserve the case during the most difficult time in a family's life.
Why This FAQ Helps
Concrete reasons to read before you call.
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Florida-Specific
The answers below reflect Florida law on wrongful death cases, not generic information that might apply differently in another state.
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Deadline Awareness
Florida statutes of limitations and notice requirements clearly identified.
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Coverage Framework
PIP, BI, UM/UIM, MedPay, and umbrella coverage analysis for this case type.
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Evidence Priorities
What evidence matters most and how quickly it should be preserved.
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Bilingual Support
Free consultations available in English and Spanish for follow-up questions.
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No Cost to Verify
A free consultation confirms how the framework applies to your specific facts.
What This FAQ Covers
Major question categories.
Coverage Questions
Which insurance policies apply and how to identify available layers.
Deadline Questions
Statutes of limitations, notice requirements, and policy-specific timelines.
Medical Questions
How treatment and medical documentation affect the case.
Damages Questions
What categories of damages are recoverable and how they are valued.
Process Questions
How cases move from intake through resolution.
How the Case Moves
From first call to resolution.
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Free Consultation
We learn what happened, identify available coverage, and outline the wrongful death cases case plan.
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Evidence Preservation
Scene photographs, witness statements, surveillance, and records preserved within days of intake.
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Documented Demand
Medical workup tracked through maximum medical improvement, then a documented demand presented to the insurer.
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Suit if Needed
Litigation when negotiation will not produce a fair recovery. Trial preparation runs alongside settlement work.
What Clients Say
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“Donny Marin is an exceptional attorney. Always answers the phone, very attentive, never rushed, pays great attention to detail, and always delivers.”
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Representative Workflow
Representative Wrongful Death Case Built From These FAQs
The Problem
A pedestrian is struck and killed on US-1 at night. The driver leaves the scene briefly and is identified the next day. The family is approached by the carrier's investigator within 48 hours.
Our Approach
The firm opens the wrongful death case, petitions for personal-representative appointment, and preserves the at-fault driver's vehicle records and any nearby commercial surveillance before the 30-day retention window closes.
The Outcome
The family is insulated from direct insurer contact, the personal representative is appointed within statutory windows, and the case proceeds against the at-fault BI policy and the decedent's household UM coverage for the categories of loss available under the statute.
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Florida-specific
Framework knowledge
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$0
Consultation cost
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$0
Up-front client cost
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English & Spanish
Languages
Florida Wrongful Death FAQs
Who is at fault in most wrongful death incidents? +
Fault depends on the specific facts. In Florida, comparative negligence allocates fault between parties, and recovery is barred only when the injured person's fault exceeds 50 percent. Documented evidence such as photographs, witness statements, and surveillance typically determines the allocation.
What coverage applies to wrongful death? +
Coverage analysis usually starts with PIP, then BI of any at-fault party, then UM/UIM coverage on the injured person's own or household policy. Umbrella, commercial, and platform-specific coverage may also apply depending on the facts of the case.
What is the time limit to file? +
Florida's statute of limitations for most negligence-based injury claims is two years from the date of injury for accidents on or after March 24, 2023. Government-entity and maritime claims often have shorter notice deadlines that can run in months.
Do I need to go to the hospital after the incident? +
Medical evaluation after any meaningful injury is advisable, both for your health and for the case. Symptoms can take hours or days to fully present, and early documentation links the injury to the incident. Florida PIP requires medical treatment within 14 days to access the full benefit.
What if the insurance company offers a quick settlement? +
Do not sign anything before having an attorney review it. Early offers are typically extended before medical treatment is complete and before the long-term picture is clear. Once a release is signed, you generally cannot reopen the claim even if symptoms worsen.
How long will my case take? +
Straightforward cases often resolve in months. Complex cases with surgical injury, multi-party liability, or contested liability can take a year or more. The right timeline is the one that produces a fair recovery, not the fastest one.
Do you handle cases in Spanish? +
Yes. The firm handles full case work in English and Spanish, including consultations, court appearances, and document review. Lead attorney Donny Marin is personally fluent in both languages.
What records should I gather? +
Police or incident report, photographs of the scene and injuries, contact information for any witnesses, insurance correspondence, medical records, and any documentation of lost wages. The firm collects most records through formal channels once retained, but anything you have at intake speeds the work.
What if my situation does not match anything on this page exactly? +
That is normal. Every case has its own facts, and general educational content cannot anticipate every variation. The free consultation translates the general framework into a case-specific plan, including the deadlines that apply to your dates, the coverage layers that apply to your policies, and the evidence priorities that apply to your facts. The 20 to 45 minute conversation typically produces a clear written recap by email afterward.
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