Serving all of Florida
Florida Wrongful Death Lawyer
When a family sued over a loss, I was the lawyer on the other side — for nearly two decades. Now that experience belongs to families like yours.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
We lost a family member to someone's carelessness in Florida. Who can file, and what can the family be paid for?
I'm sorry for your loss. Under Florida's Wrongful Death Act (§ 768.16–768.26), the case is filed by the person the court puts in charge of your loved one's affairs (the 'personal representative'). They file it for the whole family.
The family can be paid for the support and help your loved one gave, the loss of their company and guidance, the grief of a spouse, children, and sometimes parents, plus medical and funeral bills. The deadline is usually 2 years from the date of death (§ 95.11(5)(e)). If your loved one was partly at fault, the payment is cut by their share. If they were more than 50% at fault, there is no payment (§ 768.81).
These cases are hard and personal. The goal is to hold the responsible party accountable and to give the family security. I handle them with care.
The facts that matter
- Deadline to file
- 2 years from the date of death (§ 95.11(5)(e))
- Who files
- The personal representative (the person the court puts in charge of the estate)
- What's recoverable
- Lost support, companionship, mental pain, and expenses
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
How insurance companies try to cut what they pay
Rush a low settlement
They push a fast, low offer while the family is grieving, before the family knows what the claim is really worth.
Blame the deceased
They shift fault onto your loved one to cut what they pay under the 50% bar.
Play down the loss
They treat the family's losses as small. They ignore the loss of your loved one's company, guidance, and support.
Next steps
What to do next
Save the evidence
Don't sign the insurance company's paperwork yet. Keep records, photos, and anything connected to the loss.
Open the estate
The court must appoint a personal representative before the claim can be filed. I can guide you through that.
Gather records
Collect medical, financial, and relationship records that show the family's losses.
Talk to a lawyer first
Talk to a lawyer before giving any statement to the insurance company.
Florida law
The rules that decide your claim
Wrongful Death Act (§ 768.16–.26)
Florida's law lists which family members count as survivors and what they can be paid for.
The personal representative files
The personal representative is often a spouse or adult child. The probate court appoints them. They file one lawsuit that covers every family member's claim.
Recoverable damages
Each family member's loss is counted separately. A spouse's loss is not the same as a young child's. The estate itself can also be paid for the income your loved one would have earned, and for the medical and funeral bills it paid.
2-year deadline (§ 95.11(5)(e))
The clock runs from the date of death, not from when the estate is opened. And opening the estate takes time of its own.
Who counts, and what each person is owed
Not everyone who grieves is a “survivor” under Florida law.
The Wrongful Death Act draws hard lines around who can be paid and for what. Knowing them early keeps the insurer from using them against your family.
The survivors the law names
The spouse. Children under 25, and older children when there is no spouse. Parents of a child under 25, and parents of an older child when no one else is left to claim. Any blood relative or adoptive sibling who depended on your loved one for support (§ 768.18). A fiancé, a long-term partner, or a stepchild who was never adopted is not on the list, no matter how close they were.
Two claims in one lawsuit
Each survivor has a personal claim: lost support and services, and for a spouse or child, the loss of companionship and guidance and their own mental pain and suffering (§ 768.21). The estate has a separate claim: medical and funeral bills, and the money your loved one would have saved over a lifetime. The insurer likes to offer one number for everything. I break it apart, because the parts add up to more.
If the death happened in a hospital
Florida has a rule with no equivalent elsewhere: when the death was caused by medical negligence, adult children 25 and older cannot be paid for their pain and suffering over losing a parent, and parents cannot for losing an adult child (§ 768.21(8)). Repeal passed the Legislature in 2025 and was vetoed; a 2026 bill died in the Senate. The rule limits those cases; it doesn't end them. Economic losses and the estate's claim still stand, and a spouse or a child under 25 keeps every claim.
Track record
Results from a lawyer who knows the other side
The firm has recovered real money for injured Floridians, including confidential settlements and settlements for the most the policy pays.
Each case is different and past results do not guarantee a similar outcome.See more results →
Client reviews
What clients say
“They brought exceptional legal skill, compassion, and genuine care to our case. We never felt like just another client. This firm didn’t just represent us — they stood beside us. We will always be grateful.”
— Tony Neal · Google“The kind of attorney everyone hopes to find — honest, thorough, dedicated. My situation didn’t even become a case, yet he patiently walked me through every option.”
— Rev. Sonia · Avvo“Emanuel is a very detailed professional. His communication skills are excellent. Thank you!!”
— Jorge Sanchez · Google“Emanuel is a talented attorney and an even better person. His clients will always come first, and he always acts with the utmost integrity. I wouldn’t trust anyone else with a personal injury case in South Florida.”
— Robert Meyer · GoogleIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Wrongful Death FAQ
Who can bring the case?
The personal representative (the person the court puts in charge of your loved one's affairs) files for the family members the law lists as survivors.
What can the family recover?
Lost support and services, loss of companionship and guidance, mental pain and suffering, and medical and funeral expenses.
How long do we have to file?
Generally 2 years from the date of death (§ 95.11(5)(e)). Some situations change that, so it's best to ask early.
What if our loved one was partly at fault?
The payment is cut by your loved one's share of the blame. Only if their share is more than 50% is there no payment. It doesn't automatically end the claim.
How is the money divided among the family?
Each survivor's loss is valued separately, and the court reviews and approves the split before anyone is paid. A spouse's claim, a young child's, and an adult child's are all different, and the estate's claim for medical, funeral, and lost savings is separate again. When survivors disagree, the court decides. I explain the proposed division to every family member in plain language before it goes to the judge.
Can an unmarried partner or a stepchild bring a claim?
Under Florida's Wrongful Death Act, no. The law lists who counts as a survivor (§ 768.18): a legal spouse, children, parents, and blood or adoptive relatives who depended on the person for support. A fiancé or long-term partner is not included, and a stepchild is included only if legally adopted. It's a hard rule, and it's one reason to talk to a lawyer before assuming who can and can't be part of the case.
Our loved one died because of a medical mistake. Is the case different?
Yes, in two ways. Medical negligence cases require a pre-suit investigation and an expert's sworn opinion before a lawsuit can be filed, which takes time against a two-year deadline. And § 768.21(8) bars adult children 25 and older, and parents of an adult child, from recovering pain and suffering in those cases. A spouse or a child under 25 keeps the full claim, and economic losses can be claimed by everyone. Call early; the pre-suit steps alone can take months.
What does it cost to start?
The case review is free. You pay nothing up front. My fee comes out of the money I get for you (this is called a contingency fee). There are no fees or costs unless we recover for you.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873