Introduction
Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. Beyond the emotional devastation, many families face unexpected financial burdens—from medical bills to lost income and funeral costs.
At Terrell Hogan Law, we understand that no amount of money can replace a loved one. But pursuing a wrongful death claim in Florida can provide accountability, closure, and financial stability for those left behind.
This guide explains what happens after you file a wrongful death lawsuit, how the Florida wrongful death process works, and how our attorneys help families every step of the way.
Understanding Florida’s Wrongful Death Law
In Florida, wrongful death claims are governed by the Florida Wrongful Death Act (Florida Statutes §768.16–768.26).
A wrongful death occurs when someone’s negligence, recklessness, or intentional act causes another person’s death. Common causes include:
- Auto, truck, or motorcycle accidents
- Medical malpractice
- Defective products
- Nursing home neglect or abuse
- Dangerous property conditions
Only the personal representative of the deceased person’s estate can file the claim on behalf of surviving family members, such as a spouse, children, parents, or dependents.
For more information, see our Wrongful Death Practice Page.
What Happens After You File a Wrongful Death Claim
While every case is unique, most wrongful death claims in Florida follow a similar process:
1. Case Investigation and Evidence Gathering
Your attorney begins by collecting evidence to establish liability and damages, including:
- Accident or incident reports
- Medical and autopsy records
- Witness statements
- Expert testimony (e.g., accident reconstruction, medical opinions)
This phase builds the foundation for proving how negligence caused the death.
2. Identifying Responsible Parties
Some cases involve multiple defendants—for example, both a driver and their employer, or a hospital and a defective equipment manufacturer. Your attorney identifies all responsible parties to ensure maximum recovery.
3. Filing the Lawsuit
Once evidence is gathered, your attorney files a formal wrongful death complaint in court. The defendants then have an opportunity to respond.
4. Discovery Phase
Both sides exchange documents, take depositions, and question witnesses. Expert witnesses may be brought in to explain medical, technical, or financial details.
5. Negotiation and Mediation
Many wrongful death cases resolve through settlement or mediation. Your attorney presents evidence to the defense and insurance companies to pursue fair compensation without trial.
6. Trial (If Necessary)
If a settlement isn’t reached, your wrongful death attorney in Jacksonville presents the case in court, asking a jury to hold responsible parties accountable.
Damages Available in a Wrongful Death Case
Florida law allows for two categories of damages: economic and non-economic.
Economic Damages
These cover financial losses, including:
- Medical and funeral expenses
- Loss of the deceased’s income and future earnings
- Loss of benefits such as health insurance or retirement
Non-Economic Damages
These compensate families for emotional and relational losses, including:
- Loss of companionship, protection, and guidance
- Mental pain and suffering
- Emotional anguish
In certain cases, punitive damages may also be available if the defendant’s actions were intentional or grossly negligent.
Burdens of Proof: What Must Be Shown
To win a wrongful death claim, your attorney must prove that:
- The defendant owed a duty of care to the deceased.
- That duty was breached through negligence or misconduct.
- The breach directly caused the death.
- The surviving family members suffered measurable losses.
This requires careful investigation and expert testimony—something Terrell Hogan Law’s attorneys have successfully handled for decades across Florida wrongful death cases.
How Long Does the Process Take?
The duration of a wrongful death lawsuit in Florida depends on case complexity, the number of defendants, and whether the case settles or proceeds to trial.
Some cases resolve within months, while others may take one to two years. Throughout the process, your attorney at Terrell Hogan Law will keep you informed, explain your options, and ensure your family’s interests are protected.
How Terrell Hogan Law Supports Families
For nearly 50 years, Terrell Hogan Law has represented families throughout Florida in wrongful death and personal injury cases. Our attorneys approach each case with compassion and precision—focusing on both legal and emotional support.
Here’s how we help families:
- Compassionate communication: Keeping families informed and supported.
- Thorough preparation: Investigating every aspect of negligence and damages.
- Trial-readiness: Preparing each case as if it will go before a jury.
- No upfront costs: We work on contingency—you pay nothing unless we win.
We understand these cases are about more than money—they’re about justice, accountability, and closure.
Conclusion
Filing a wrongful death claim is one of the most difficult yet powerful steps a family can take. It holds negligent parties accountable and provides financial stability for loved ones left behind.
At Terrell Hogan Law, our experienced wrongful death attorneys in Jacksonville guide you with compassion and strength—so you can focus on healing while we handle the fight for justice.
📞 Contact Us Today to speak with a trusted attorney about your case.
