401 W. Linton Blvd., Suite 202A · Delray Beach, FL 33444 · (561) 450-9355
If negligence took someone in your family, Florida’s Wrongful Death Act lets the estate recover funeral costs, lost support, and damages for each surviving family member. I’m Peter Porcaro, and I’ve practiced injury law in Palm Beach County for more than 20 years. When you’re ready, I’m here.
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A wrongful death claim is a civil lawsuit filed when someone’s negligence causes a death. It’s brought under Florida Statutes §768.16–768.26 by the estate’s personal representative, on behalf of the survivors.
This is a civil case, not a criminal one. The state may also prosecute a driver or a company, but that case belongs to the government. The wrongful death claim belongs to the family, and it does not depend on an arrest or a conviction. The standard of proof is lower too: negligence by a preponderance of the evidence, not guilt beyond a reasonable doubt.
The Act covers deaths caused by a wrongful act, negligence, default, or breach of a legal duty. That includes crashes on I-95 or Atlantic Avenue, unsafe property conditions, medical errors, and defective products. One claim is filed. It covers the estate and every survivor the law recognizes.
I’m board-certified in civil trial law, a credential the Florida Bar awards to a small percentage of Florida lawyers. I graduated from Penn State in 2003 with a biology degree and from the University of Pittsburgh School of Law in 2006, the year I was admitted to the bar. I’m licensed in Florida and Pennsylvania.
Before I represented injured people, I defended insurance companies in Boca Raton. I know how the other side values a life because I used to sit on that side of the table. Adjusters know my name, and they know I don’t bluff.
When you hire this firm, you get me. Not a case manager, not a paralegal. Every case is prepared as if it will be tried, because that’s how the best settlements happen. My firm has recovered more than $15 million for clients, and I file cases at the Palm Beach County Courthouse, home of the 15th Judicial Circuit. Read more about our team →
Palm Beach County recorded 207 traffic deaths in 2024. Behind each number is a family in our county dealing with a loss no lawsuit can undo. We serve Delray Beach, Boca Raton, Boynton Beach, and all of Palm Beach County from our office on Linton Blvd.
Crashes on I-95, Linton Boulevard, and Atlantic Avenue end lives every year in Palm Beach County. If a negligent driver caused your family’s loss, we file under the Act and pursue every insurance policy that applies. More on car accident claims.
Sixty-one pedestrians died in Palm Beach County crashes in 2024, up 13 percent from the year before. A person on foot has no protection, and the injuries that cause these deaths are usually catastrophic. We reconstruct the crash and hold the driver accountable in civil court.
Thirty-two motorcyclists died in Palm Beach County in 2024, a 52 percent increase. Drivers who “didn’t see” a rider are still negligent. See how we handle motorcycle accident cases.
Truck cases involve federal hours-of-service rules, maintenance records, and corporate carriers with teams of adjusters. We have handled truck accident litigation against those carriers, and we prepare every one for trial.
Unsafe stairs, poor lighting, unsecured pools, and negligent security kill visitors in Palm Beach County every year. Property owners and their insurers answer for those conditions. See premises liability claims.
Fatal medical errors follow a different set of rules. Under Fla. Stat. §768.21(8), adult children and the parents of adult children cannot recover mental pain and suffering in a medical malpractice death. The clock is different too: two years from when the error was discovered, capped at four years. Our medical malpractice practice handles these cases.
Florida recorded 242 hit-and-run deaths statewide in 2024. A driver fleeing the scene doesn’t end the claim — it changes how we investigate it. We pursue uninsured motorist coverage, track down the vehicle, and go after anyone who enabled the driver. Roughly 1 in 5 Florida drivers (20.6%) carry no insurance at all, per the Insurance Research Council’s most recent published data — the seventh-highest rate in the country, which is why we check every policy.
Under Fla. Stat. §768.28, claims against a city, county, or state agency require written notice to the Department of Financial Services within two years, and damages are capped at $200,000 per person and $300,000 per incident. Punitive damages are not available. These deadlines are strict, so we confirm the correct government entity early.
The Act divides recovery into damages for the estate and damages for each survivor. Here is what each category covers.
Fla. Stat. §768.18(4) covers the support and services the person provided — the rides, the repairs, the childcare, the income. The law counts them all, valued over the years the family would have received them. Read more about types of personal injury damages.
Under §768.21(2)–(4), a surviving spouse recovers mental pain and suffering from the date of injury. Surviving children recover for their own loss. Parents of a minor child recover for the loss of that child. Parents of an adult child recover only if there are no other survivors.
The estate recovers net accumulations under §768.18(5), which includes lost pension value, plus medical and funeral expenses under §768.21(5)–(6), paid to whoever actually paid those bills. One thing to know: amounts awarded to the estate can be subject to creditors’ claims in probate.
There is no rush on the decision to call a lawyer. These steps protect the claim while you take the time you need.
Delray Beach Police, the Palm Beach County Sheriff's Office, or the medical examiner's office can provide it.
Medical bills, the death certificate, texts, photos, and anything the person said about the incident.
An adjuster's job is to limit what the company pays. Yours is not to help them do it.
Usually named in the will or appointed by the probate court. That person files for everyone.
A release signed under pressure can end a claim worth many times what was offered. Our guide to filing a Florida wrongful death lawsuit explains the process step by step.
Florida law gives most families two years from the date of death to file a wrongful death claim, under Fla. Stat. §95.11(5)(e). The clock starts at death, not at the moment you learn you have a claim. A few situations change that deadline, and they are described below.
Under Fla. Stat. §768.20, the personal representative files one claim on behalf of all survivors and the estate. Family members do not file separately. If the person had a pending personal injury suit when they died, that case does not disappear; it continues as part of the wrongful death claim.
Fla. Stat. §768.18(1)–(2) defines survivors: the spouse, the children, the parents, and any blood relative or adoptive sibling who was partly or wholly dependent on the person. Under Fla. Stat. §768.18(2), “minor children” means children under 25, so a 22-year-old counts. Parents of an adult child can recover only if there are no other survivors. Florida’s comparative negligence rules affect how much each survivor recovers, not who counts as a survivor.
Medical malpractice deaths follow a two-year clock from discovery, capped at four years. Deaths caused by an intentional act are different: the statute of limitations does not apply the same way, and a criminal conviction is not required before the civil claim proceeds. Both situations call for a lawyer’s review of the specific facts.
| Result | Case Type |
|---|---|
| $1,800,000 | Premises Liability |
| $1,200,000 | Medical Malpractice |
| $600,000 | Auto |
| $590,000 | Auto |
| $500,000 | Auto |
| $415,000 | Premises Liability |
| $375,000 | Auto |
| $290,000 | Auto |
| $210,000 | Trucking Crash |
Every case is unique. Verdicts, settlements, and case outcomes mentioned on this website do not guarantee or predict a similar outcome in any future case. See the full list on our case results page →
Open 24 hours, 7 days a week.
Porcaro Law Group works on contingency, which means no fee unless we recover. The consultation is free, and before you sign anything I explain the fee and the case costs in writing. A family facing funeral bills is not asked to write another check. If we recover nothing, you owe nothing, and I absorb the costs of the case.
Two years from the date of death, under Fla. Stat. §95.11(5)(e). The clock starts at death, not when you discover the claim. Medical malpractice and intentional-act deaths follow different rules, covered in the section above.
Most wrongful death cases resolve in one to two years. Cases that go to trial take longer, and the timeline depends on the court’s calendar and the complexity of the evidence. Filing early preserves evidence while it’s still available. Once I review your case, I can give you a realistic range for it.
The personal representative of the estate files on behalf of all survivors under Fla. Stat. §768.20. Survivors under §768.18 include the spouse, children, parents, and partly or wholly dependent relatives. Family members do not file separate lawsuits; one claim covers everyone.
Losing someone is enough to carry. The legal claim does not have to be. If you want to understand what your family’s options are, call me or request a free consultation. There is no fee unless we recover. I’ll listen, answer your questions, and tell you plainly what I think. No pressure, and no obligation.
Contacting Porcaro Injury Law does not create an attorney-client relationship. That relationship is formed only through a signed written retainer agreement.
Porcaro Law Group
401 W. Linton Blvd., Suite 202A, Delray Beach, FL 33444 · (561) 450-9355
Open 24 hours, 7 days a week
No fees unless we win • Same-day consultations available
We offer a free, no-obligation consultation to listen to your story, review the evidence, and determine the strength of your claim.
Our team moves quickly to preserve evidence, interview witnesses, and secure documentation.
We ensure you are receiving the proper medical attention and that your injuries are fully documented to reflect the true impact on your life.
We present a comprehensive demand to the insurance companies. We handle all direct communication, protecting you from their high-pressure tactics.
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.
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.
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.
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.
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.
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.
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.
Unsafe property conditions — including inadequate security, poor maintenance, or hazardous premises — can lead to fatal accidents and wrongful death claims.
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.
The personal representative of the deceased’s estate files the wrongful death lawsuit on behalf of all eligible survivors. Eligible parties typically include:
The personal representative may be named in the deceased’s will or appointed by the court if no will exists.
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.
No fees unless we win • Same-day consultations available
Here is what to expect:
To succeed in a wrongful death claim, we must establish four elements of negligence:
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.
Financial losses the family and estate have suffered:
Intangible losses suffered by surviving family members:
Where the liable party’s conduct was intentional, reckless, or grossly negligent, courts may award punitive damages in addition to compensatory damages.
Contingency Fee: No upfront costs — you pay only if we recover compensation for your family.
Here is what to expect:
For a full overview of Florida injury law: Florida Personal Injury page.
No fees unless we win • Same-day consultations available
• Calls and messages returned promptly
• Same-day consultations when possible
• Direct access to your attorney
• You are never passed off to a case manager
• 20+ years handling personal injury cases
• Millions recovered for injured clients
• Deep familiarity with South Florida courts and insurers
No fees unless we win • Same-day consultations available
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
