Wrongful Death Lawyer Delray Beach

Wrongful Death Lawyer Delray Beach | Florida | Porcaro Law

Delray Beach
Losing someone due to another person's negligence is among the most devastating experiences a family can face. Beyond the grief, there are immediate financial pressures — medical bills, funeral costs, and the loss of income and support that your family depended on. The Florida Wrongful Death Act provides a legal path for families to pursue accountability and compensation. At Porcaro Law Group, we handle these cases with the care and seriousness they require — guiding families through every step while fighting for full and fair recovery.

$15+ MILLION RECOVERED

FREE
CONSULTATIONS

NO FEES
UNLESS WE WIN

Contact Us Now

No fees unless we win • Same-day consultations available

Speak with a trusted wrongful death attorney in Delray Beach, Florida.

What to Expect

Step 01 .

Immediate Case Evaluation:

We offer a free, no-obligation consultation to listen to your story, review the evidence, and determine the strength of your claim.

Step 02 .

Strategic Investigation:

Our team moves quickly to preserve evidence, interview witnesses, and secure documentation.

Step 03 .

Medical & Recovery Support:

We ensure you are receiving the proper medical attention and that your injuries are fully documented to reflect the true impact on your life.

Step 04 .

Determined Negotiation:

We present a comprehensive demand to the insurance companies. We handle all direct communication, protecting you from their high-pressure tactics.

Step 05 .

Resolution & Litigation:

While many cases settle out of court, we are always prepared to take your case to trial if the insurance company refuses to offer a fair settlement.

What Constitutes a Wrongful Death Claim in Florida

Wrongful Death

Under the Florida Wrongful Death Act (Section 768.19), a wrongful death claim arises when a person’s death is caused by the negligent, reckless, or intentional actions of another party. The claim is filed by the personal representative of the deceased’s estate on behalf of surviving family members.

To succeed, the claim must establish that the liable party owed a duty of care to the deceased, breached that duty, and that this breach directly caused the death. Florida law requires the claim to be filed within TWO YEARS of the date of death.

Common Causes of Wrongful Death in Delray Beach

Fatal Car Accidents

Negligent drivers on busy Delray Beach roads — including Federal Highway and Atlantic Avenue — are a leading cause of fatal crashes. Our firm handles these cases in direct connection with our car accident practice.

Medical Malpractice

Errors in diagnosis, treatment, or surgical procedures that lead to a patient’s death give rise to wrongful death claims. These cases require medical expert testimony and careful review of records.

Boating Accidents

South Florida’s waterways see significant boating activity — and significant accidents. Our attorneys handle boating accident wrongful death claims involving operator negligence and equipment failure.

Workplace Accidents

Construction accidents, industrial incidents, and unsafe working conditions can result in fatal injuries. These cases may involve both workers’ compensation and civil wrongful death claims.

Product Liability

Defective or dangerous products that cause fatal harm give rise to claims against manufacturers, distributors, and retailers. These cases often involve complex multi-party liability.

Premises Liability

Unsafe property conditions — including inadequate security, poor maintenance, or hazardous premises — can lead to fatal accidents and wrongful death claims.

Catastrophic Injury Cases

When a personal injury results in the victim’s death, the case may become a wrongful death action. Our catastrophic injury practice handles the full spectrum of these serious cases.

Florida Statute of Limitations

Who Can File a Wrongful Death Claim in Florida

The personal representative of the deceased’s estate files the wrongful death lawsuit on behalf of all eligible survivors. Eligible parties typically include:

  • Surviving spouse — may seek damages for lost companionship, emotional support, and financial support
  • Children — may seek damages for loss of parental guidance and affection
  • Parents — may seek damages if the deceased was a minor or if no surviving spouse or children exist
  • Other relatives — financially dependent on the deceased at the time of death

The personal representative may be named in the deceased’s will or appointed by the court if no will exists.

Automotive Accidents

Seek justice for your loved ones.

Why Choose Porcaro Law for Your Wrongful Death Case

Wrongful death cases in Florida involve both civil litigation and, in some cases, complex probate law. They require attorneys with direct experience in these cases — not general personal injury lawyers applying a template. At Porcaro Law Group, we have handled wrongful death claims throughout Palm Beach County, with a deep understanding of the Florida Wrongful Death Act and the local court system.

We approach every case with the gravity it deserves. Our attorneys take the time to understand each family’s unique circumstances and fight for compensation that reflects the full impact of their loss — not just the immediate financial damages.

We offer free consultations and work on a contingency fee basis — you pay nothing unless we recover compensation for your family. Contact us today.

Contact Us Now

No fees unless we win • Same-day consultations available

The Legal Process for Wrongful Death Claims

Here is what to expect:

  • Initial Consultation: Meet with our attorneys to review your case and determine eligibility under the Florida Wrongful Death Act.
  • Investigation: We gather medical records, accident reports, witness statements, and consult with medical and accident reconstruction experts.
  • Filing the Claim: The personal representative files on behalf of the estate and all eligible survivors.
  • Negotiation: We negotiate with insurance companies and liable parties for a fair settlement.
  • Litigation: If a fair settlement cannot be reached, we are fully prepared to take the case to trial in Palm Beach County courts.

Proving Negligence in a Wrongful Death Case

To succeed in a wrongful death claim, we must establish four elements of negligence:

  • Duty of care: The liable party owed a legal duty of care to the deceased.
  • Breach: The liable party failed to meet that duty through action or inaction.
  • Causation: The breach directly caused the fatal injuries.
  • Damages: The death resulted in quantifiable losses to the survivors and estate.

When the at-fault party’s actions were particularly reckless or intentional, courts may also impose punitive damages to deter similar conduct in the future.

Damages Recoverable in a Florida Wrongful Death Case

Economic Damages

Financial losses the family and estate have suffered:

  • Funeral and burial costs
  • Medical expenses related to the deceased’s final care
  • Lost income and future wages the deceased would have earned
  • Loss of financial support the family depended on

Non-Economic Damages

Intangible losses suffered by surviving family members:

  • Loss of companionship and emotional support (surviving spouse)
  • Loss of parental guidance and affection (children and parents)
  • Mental anguish and emotional distress

Punitive Damages

Where the liable party’s conduct was intentional, reckless, or grossly negligent, courts may award punitive damages in addition to compensatory damages.

Florida Wrongful Death Law — Key Facts

  • Statute of Limitations: TWO YEARS from the date of death to file a wrongful death lawsuit in Florida. Missing this deadline forfeits the family’s right to seek compensation.
  • Governing Law: Florida Wrongful Death Act, Section 768.19.
  • Who Files: The personal representative of the deceased’s estate files on behalf of all eligible survivors.

Contingency Fee: No upfront costs — you pay only if we recover compensation for your family.

The Legal Process for Wrongful Death Claims

Here is what to expect:

  • Initial Consultation: Meet with our attorneys to review your case and determine eligibility under the Florida Wrongful Death Act.
  • Investigation: We gather medical records, accident reports, witness statements, and consult with medical and accident reconstruction experts.
  • Filing the Claim: The personal representative files on behalf of the estate and all eligible survivors.
  • Negotiation: We negotiate with insurance companies and liable parties for a fair settlement.
  • Litigation: If a fair settlement cannot be reached, we are fully prepared to take the case to trial in Palm Beach County courts.

Related Practice Areas

For a full overview of Florida injury law: Florida Personal Injury page.

Other Services

Contact Us

No fees unless we win • Same-day consultations available

Other Cases Related to Wrongful Death Lawyer Delray Beach

Workers’ Compensation

Uber & Lyft Accident

Swimming Pool Accidents

Hear from our clients

Contact Us

Why Choose Us

Fast Response

• Calls and messages returned promptly
• Same-day consultations when possible

High-Touch Representation

• Direct access to your attorney
• You are never passed off to a case manager

Proven Experience

• 20+ years handling personal injury cases
• Millions recovered for injured clients
• Deep familiarity with South Florida courts and insurers

Contact Us Now

No fees unless we win • Same-day consultations available

FAQs

What should I do after an accident?

If you’re injured in an accident, your first priority should be your health. Seek medical attention right away, even if you feel okay at first. Document the accident scene, collect contact information from others involved or witnesses, and report the incident to the appropriate authorities or property owner. It can also help to speak with a personal injury lawyer early to protect your rights.

To have a potential personal injury case, there generally must be: (1) someone else’s negligence, (2) an injury, and (3) a direct connection between the negligence and your injury. A lawyer can help review the facts of your situation and explain whether you may have a valid claim.

No. Porcaro Law Group offers a free consultation so you can discuss your accident and legal options with us at no cost or obligation.

Most personal injury lawyers, including Porcaro Law Group, work on a contingency fee basis. This means you do not pay attorney’s fees unless your case results in a recover.

Florida has time limits, called statutes of limitations, that apply to personal injury cases. In most cases, you have two years from the date of the injury to file a lawsuit. It’s important to act early so you don’t miss the deadline