Plantation, FL Wrongful Death Lawyer

Losing a loved one is never easy. But when the loss is sudden – and caused by someone else’s choices or mistakes – the pain can feel unshakable. Often, that pain is compounded by unanswered questions and weighty legal decisions. 

At Kogan & DiSalvo Personal Injury Law, we understand that no legal action can make up for what’s been taken. Still, Florida’s laws are designed to protect families after a wrongful death, and a wrongful death claim can offer grieving families a path to accountability. These laws give loved ones a chance to seek answers, accountability, and financial stability.

What Is a Wrongful Death Claim?

A “wrongful death” occurs when a person dies due to another individual or entity’s negligent or intentional action. For example, a wrongful death case could involve a distracted driver who causes a fatal accident, a careless property owner, a medical mistake, or a company that sold a dangerous product.

Florida’s wrongful death laws are outlined in Florida Statutes § 768.16-768.26, known as the Florida Wrongful Death Act. These laws ensure that when a preventable death happens, the surviving family can seek damages in civil court.

The goal of a wrongful death claim is to hold the responsible party accountable and ensure that families aren’t left bearing financial burdens on top of emotional trauma.

What Families in Plantation Need to Know First

If you’re grieving, the thought of legal paperwork might feel impossible. But you don’t have to go through it alone. A wrongful death lawyer can handle the legal burden so you can focus on healing.

A wrongful death lawsuit is filed on behalf of the estate and surviving family members. You must have a personal representative appointed to file the claim. 

The representative is usually named in the will or estate plan. If not, the court will appoint someone – often a spouse or adult child, including legally adopted minors. A parent may also be a representative in cases of minor children. Certain close relatives or adoptive siblings who depended on the deceased for support or services may also serve as a representative of the estate.

Types of Compensation Your Family May Be Entitled to Receive

Compensation, or “damages,” is meant to ease the financial strain and acknowledge the suffering caused by the loss.

Economic damages

These include measurable costs like:

• Lost income and future earnings
• Medical expenses before death
• Funeral and burial expenses
• Loss of services (like childcare or transportation that the deceased once provided)

Non-economic damages

These are harder to quantify but just as important:

• Emotional pain and suffering
• Loss of companionship and protection
• Mental anguish for surviving children or parents

The court may also award punitive damages if the death resulted from gross negligence or intentional harm. These damages are designed to deter future misconduct – not just compensate the family.

Proving Wrongful Death: What the Law Requires

When a loved one passes away because someone failed to act responsibly, Florida law doesn’t leave families in the dark. In fact, Florida Statute § 768.19 is written to ensure that even after such an unimaginable loss, those left behind can seek accountability and support.

The law says if the victim who passed would have had the right to sue the responsible party had he or she survived, then that right doesn’t disappear. It continues through that person’s estate and gives surviving family members a way to recover damages, even if the death happened under extreme or criminal circumstances.

How Much Does a Wrongful Death Lawyer Cost?

At Kogan & DiSalvo, we work on a contingency fee basis, which means:

• You don’t pay anything up front
• You owe us nothing unless we win your case
• All consultations are free and confidential

We believe justice shouldn’t depend on someone’s ability to write a check. Our clients pay nothing unless we recover compensation, and even then, fees are discussed transparently and agreed upon ahead of time.

What Families Can Expect When Working With a Wrongful Death Lawyer

At Kogan & DiSalvo Personal Injury Law, we prioritize:

• Listening first: We understand what families are facing and tailor our approach to their goals.
• Clear communication: We explain every step of the legal process in plain English, not legal jargon.
• Thorough investigation: We build airtight cases with attention to detail and expert analysis. We’ll also review medical records, autopsy reports, and insurance documents
• Aggressive advocacy: We negotiate for full compensation and go to trial when necessary.
• No upfront costs: We work on a contingency fee basis, meaning you pay nothing unless we recover compensation.

Preparing for a Consultation With a Wrongful Death Lawyer

If you’re considering a consultation, bring as much information with you as possible:

• Police reports, medical records, and insurance documents
• Any communication you’ve had with the responsible parties
• A copy of the deceased’s will (if available)
• A timeline of events leading up to the death

You don’t need to have everything perfect. Our team will guide you through what’s needed. The goal of the consultation is to assess the case and give you clarity on your options.

Filing a Wrongful Death Claim If the Person Responsible Wasn’t Charged Criminally

Wrongful death claims are separate from criminal trials. Still, you can pursue a civil wrongful death claim even if criminal charges weren’t filed or if the defendant was found not guilty. This is especially true in cases involving reckless driving, workplace negligence, or medical errors that fall short of criminal standards.

Additionally, if there is a criminal case underway, your civil attorney can coordinate to avoid conflicts and ensure your voice is heard.

Taking the First Step

Grief doesn’t follow a timeline, and financial stress can deepen emotional pain. Pursuing a wrongful death claim isn’t just about holding someone accountable. It’s about giving families space to heal without worrying about bills, missed income, or unanswered questions.

No family should have to navigate a wrongful death alone. If your loved one’s passing was caused by another’s actions, there is help and there is hope.

At Kogan & DiSalvo Personal Injury Law, we help survivors reclaim stability, access professional resources, and move forward with dignity. A wrongful death claim can’t undo tragedy, but it can secure the resources you need to rebuild, and it can shine a light on misconduct that should never be repeated.

Contact us today for a free consultation, and let’s talk about how we can stand by your side. Kogan & DiSalvo Personal Injury Law is here to guide families across Plantation and Broward County with respect, integrity, and tireless advocacy.