Lakeland Wrongful Death Lawyer

Why Choose Jack Bernstein, Injury Attorneys, for Your Lakeland Wrongful Death Case? 

We understand the difficulties you are facing from losing your loved one. You are most likely unsure about what the future may hold, while grieving your loss.  

Some of the reasons to choose our law firm to handle your Lakeland wrongful death case include: 

• 40+ years of extensive legal experience.
• We have actual trial experience in Polk County courts.
• We prepare cases to be trial-ready in case a favorable settlement cannot be reached.
• We have a 40-person team ready to support you.
• We provide clear, empathetic communications throughout the legal processes.
• We offer more than just legal support and have access to resources that could help you during this challenging time.
• We treat every client like family.
• We aggressively approach each case to ensure maximum compensation allowed by Florida laws.

Understanding Florida Wrongful Death Claims 

Florida’s Wrongful Death Act defines wrongful death as a negligent, wrongful act that occurs due to default or a breach of contract. This means that if someone dies due to another person’s negligence, the negligent person can be held liable.  

Your legal options may consist of filing a civil lawsuit, where you seek financial compensation from the responsible party. You may also file a criminal case, where the state could prosecute the defendant and punish them for their actions.  

It is worth noting that criminal charges do not provide you with any monetary compensation. The only way to pursue obtaining financial losses is to file a wrongful death lawsuit in civil court. 

Another difference is the preponderance-of-the-evidence standard in a civil case. Your Lakeland wrongful death attorney only needs to establish that the defendant was negligent, and their liability is more likely than not.  

As long as your lawyer can show the defendant was more than 50% at fault, you have a case against them. The burden of proof needed to win is also much lower than in criminal cases.  

Who Can File a Wrongful Death Lawsuit in Florida? 

Florida has strict laws on who can file a wrongful death lawsuit. The state only allows the personal representative to file the claim on behalf of the surviving family members.

The personal representative could be: 

• The named executor of the estate. 
• A person appointed by the court, like a wrongful death attorney. 

 The surviving family members are considered beneficiaries and could include: 

• Surviving spouse 
• Minor and adult children
• Parents of a minor child 
• Parents of an adult child, if there is no spouse or children 
• Other family members who were financially dependent on the deceased 

Common Causes of Fatal Accidents in Lakeland, FL 

One of the more common causes of fatalities in the Lakeland area is auto accidents. In 2025, the FLHSMV reported there were 103 deaths from all crashes in Polk County.  

Among crash types, these are the most frequent that result in fatalities: 

• Speeding 
• Distracted driving 
• DUI 
• Aggressive/reckless driving 
• Drowse driving 

Other accidents that can result in death include: 

• Workplace accidents, such as equipment failures 
• Construction site accidents 
• Slips, trips, and falls 
• Exposure to toxic substances, harmful chemicals, or dangerous environments 
• Medical malpractice due to misdiagnosis, surgical errors, and delayed diagnosis 
• Nursing home neglect and abuse 
• Defective products 

What Must Be Proven in a Wrongful Death Case? 

The major factor in proving wrongful death is establishing that the defendant was negligent and their actions, or lack thereof, resulted in the loss of your loved one. 

The four key elements needed include:

• Duty of care: Every individual has a duty of care to act reasonably and take appropriate steps to reduce the risk of causing harm toward others.  
• Breach of duty: The defendant failed to provide a duty of care, and as a result, the accident occurred.  
• Causation: You must establish that the defendant’s breach of duty was the direct result of your loved one’s death. The courts use the “but for” test, which means the death would not have occurred “but for” the defendant’s actions.  
• Damages: You and the decedent experienced actual financial losses, such as medical bills, lost wages, pain and suffering, and funeral expenses.  

Calculating Damages and Compensation in Wrongful Death Cases 

In Florida, you can seek compensation to cover the loss of services and support provided by your loved one, as well as any expenses they incurred as a result of the accident before their death, including: 

• Medical expenses 
• Present and future lost wages, benefits, bonuses, and health insurance 
• Mental health counseling expenses 
• Lost inheritance 
• Loss of services, such as household maintenance and childcare 
• Loss of consortium 
• Loss of companionship 
• Loss of guidance 
• Pain and suffering  
• Mental anguish 

Economic damages are calculated using actual documentation, such as pay stubs and billing statements. Non-economic damages are calculated by multiplying the total economic damages by a multiplier ranging from 1.5 to 5. With wrongful death cases, the multiple is usually higher and in the 4 to 5 range.  

There are no caps in most wrongful death cases, except for medical malpractice, which has a cap on non-economic damages. Our wrongful death lawyers in Lakeland, FL use financial experts to calculate the lifetime value of these losses accurately.  

In rare cases, punitive damages may also be awarded when the defendant’s actions are deemed malicious and extremely reckless.  

The Statute of Limitations for Florida Wrongful Death Cases 

Florida has a strict two-year statute of limitations for wrongful death claims. The clock starts ticking the moment the accident occurred in most cases. If you fail to institute a lawsuit before the deadline, you forfeit and give up all rights to any compensation from the responsible party.  

Even though you have two years to file, it is better to take prompt legal action. We understand that you are in shock and grieving. However, acting now and allowing our Lakeland wrongful death attorneys to act on your behalf ensures we can secure perishable evidence, such as dashcam or security camera footage.  

Additionally, any witnesses will be able to recall events more easily than they would later.

Schedule Your Free Consultation With a Lakeland Wrongful Death Lawyer 

At Jack Bernstein, Injury Attorneys, we understand it can be difficult to pick up the phone or request a free consultation online with our wrongful death lawyers in Lakeland.  

We have helped families all across Florida who lost a loved one unexpectedly due to another’s negligence.  

We are caring, supportive, and empathetic. We offer a 100% free case evaluation with no obligations or upfront legal fees. We will answer your questions and tell you how much your claim could be worth. Take the first step by contacting us now.  

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