Trusted wrongful death lawyers with over 20 years of experience.

If you recently lost a family member because of someone else’s negligent or wrongful conduct in Delray Beach, you are likely facing grief, financial pressure, and difficult questions about what comes next.

At Warner & Fitzmartin Personal Injury Lawyers, our attorneys have handled wrongful death claims throughout Florida for more than 20 years. We approach every case with care for the family and a serious commitment to holding negligent parties accountable. To speak privately with our Delray Beach, FL wrongful death lawyer about your loss, schedule a free, no-obligation consultation today.

Wrongful Death Lawyer Delray Beach, FL

What is a wrongful death claim under Florida law? It is a civil action brought by the surviving family or estate of a person whose death was caused by the negligence, recklessness, or intentional act of another. The Florida Wrongful Death Act sets out who may bring the claim, what damages are recoverable, and how the proceeds are distributed.

These cases are emotionally difficult and legally complex. Defendants and their insurers typically dispute liability, the value of the loss, and the available coverage. Our Delray Beach wrongful death attorneys work to gather the medical records, scene evidence, and financial documentation needed to present a complete picture of what the family has lost.

Types of Wrongful Death Cases We Handle in Delray Beach

Wrongful death claims arise out of many different events, and each one calls for a careful, fact-specific approach. Our firm represents surviving spouses, children, parents, and personal representatives across Delray Beach and the surrounding Palm Beach County area.

  • Car accidents. Crashes involving cars, trucks, motorcycles, or rideshare vehicles are among the most common causes of wrongful death claims in Florida. We investigate the cause and pursue every available source of recovery.
  • Pedestrian accidents. When a driver strikes and kills a pedestrian or cyclist, liability often turns on right-of-way, driver attention, and roadway design.
  • Medical negligence. Misdiagnosis, surgical errors, medication mistakes, and birth-related complications can all lead to claims when a patient dies because of a provider’s failure to meet the standard of care.
  • Premises liability. Falls, drownings, and incidents involving unsafe property conditions can support a wrongful death case against the property owner or operator.
  • Negligent security. When inadequate security at an apartment complex, hotel, or retail property allows a foreseeable assault to occur and a person dies, the property owner may bear legal responsibility.
  • Workplace accidents. Some on-the-job deaths involve negligent third parties beyond the employer, opening a path to a civil claim in addition to workers’ compensation benefits.
  • Drowning and boating accidents. Florida’s waterways see a high number of fatal incidents each year, and liability can extend to vessel operators, rental companies, and pool owners.
  • Defective products. When a defective vehicle component, medical device, or consumer product contributes to a death, the manufacturer and distributors may face liability.
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Why Choose Warner & Fitzmartin Personal Injury Lawyers for Wrongful Death Cases in Delray Beach, FL?

Selecting a firm to handle a wrongful death case is among the most personal legal decisions a family can make. The right counsel will treat the loss with respect, communicate clearly throughout the case, and bring real trial experience to the negotiations.

Trial Experience and Decades of Florida Practice

Aaron Warner has focused on injury and death claims for over 20 years. He earned his Juris Doctor from the University of Miami School of Law and has been admitted to practice before the United States District Courts for the Southern and Middle Districts of Florida. As a Life Member of the Million Dollar Advocates Forum, he has secured verdicts or settlements of $1 million or more, and he has been recognized as a Super Lawyers Rising Star every year since 2019.

Elissa Fitzmartin graduated Magna Cum Laude from the University of Miami School of Law. She is a member of the Million Dollar Advocates Forum, has been admitted Pro Hac Vice in South Dakota Federal Court, and currently serves on the Board of Directors of the South Palm Beach County Bar Association. Best Lawyers has recognized her as One to Watch in Plaintiff’s Personal Injury Litigation, and she has been named a Top Lawyer by the Boca Raton Observer.

Substantial Verdicts and Settlements

Our firm has recovered millions of dollars in compensation for injured clients and grieving families across Florida. Past results include a $1.5 million verdict in a hearing loss case, a $500,000 wrongful death settlement, and a $300,000 pedestrian incident recovery. Past results never guarantee future outcomes, but they reflect the depth of preparation we bring to each case and our willingness to take cases through trial when necessary.

Our personal injury lawyer in Delray Beach, FL advocates for clients across many related practice areas. Many wrongful death claims arise from incidents like car accidents, truck accidents, and slip and fall injuries.

Compassionate Representation, No Fees Unless We Recover

We accept wrongful death cases on a contingency fee basis. Families pay nothing upfront and owe no attorney fees unless we secure a recovery on their behalf. The initial consultation is free and entirely confidential. Our office serves families throughout Delray Beach, Boca Raton, Boynton Beach, and the surrounding region.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Florida’s Wrongful Death Act, codified in sections 768.16 through 768.26 of the Florida Statutes, governs both who may bring a claim and what damages are available. The personal representative of the decedent’s estate brings the action on behalf of the survivors, who may include a spouse, children, parents, and certain other dependents.

Recoverable wrongful death damages may include:

  • Medical and funeral expenses paid by survivors or the estate
  • Lost support and services the decedent would have provided
  • Lost earnings and prospective net accumulations of the estate
  • Mental pain and suffering of surviving spouses, parents, and minor children
  • Loss of companionship, protection, and parental guidance

Important Aspects in Your Wrongful Death Case

Several aspects of Florida wrongful death litigation require attention from the outset. Each can affect both the strength of the case and the value of the eventual recovery.

  • Only the personal representative of the estate can file the lawsuit, and that person must be appointed before a suit is filed.
  • Florida’s modified comparative negligence rule applies, and any percentage of fault attributed to the decedent reduces the recovery.
  • Certain medical malpractice wrongful death cases have unique pre-suit requirements and shorter limitations periods.
  • Insurance coverage limits often shape the outcome, so identifying every applicable policy is critical early in the case.

Wrongful Death Case Timeline

Each case proceeds at its own pace, but most follow a predictable course once a family retains counsel.

  • Probate and personal representative appointment. The estate must be opened and a representative appointed before the lawsuit can move forward.
  • Investigation and evidence preservation. We collect police reports, medical records, witness statements, and expert opinions while events are still fresh.
  • Demand and pre-suit negotiation. Where appropriate, we present a documented demand to the responsible parties before filing.
  • Litigation and discovery. If pre-suit efforts do not resolve the case, we file the complaint and pursue discovery, including depositions and expert disclosures.
  • Mediation, settlement, or trial. Many wrongful death cases settle before trial, but we prepare each one as if a jury will hear it.

What to Bring to Your Wrongful Death Consultation

Coming to the first meeting with the right materials helps us evaluate the claim quickly and with sensitivity. Even partial documentation is useful, and we can help gather the rest.

  • Death certificate and any available autopsy or medical examiner reports
  • Police, accident, or incident reports
  • Medical records related to the events leading to the death
  • Information about the decedent’s income, employment, and dependents
  • Communications from any insurance carriers or attorneys

Initial consultations are confidential and free of charge. We will listen to what happened, explain how Florida law applies, and discuss the options available to the family. Most families leave the first meeting with a clearer sense of direction during a difficult time.

Family members who want to read the underlying law have several reliable starting points. The resources below cover the rules most directly relevant to Florida wrongful death cases.

  • Florida Wrongful Death Act. The principal statute governing these claims, including who may sue and what damages are recoverable, appears at Fla. Stat. § 768.16 to 768.26.
  • Statute of limitations. Most wrongful death actions must be filed within two years of the date of death under Fla. Stat. § 95.11.
  • Comparative fault. Florida’s modified comparative negligence rule, set out in Fla. Stat. § 768.81, can reduce recovery based on the decedent’s share of fault.
  • Federal injury and fatality data. The CDC injury and violence prevention page tracks national data on accidental and preventable deaths.
  • State traffic fatality statistics. The Florida DHSMV crash dashboard publishes annual figures on traffic deaths and injury crashes.

Reach Out to Warner & Fitzmartin Personal Injury Lawyers to Schedule a Consultation

If your family lost a loved one in Delray Beach because of another party’s negligent or wrongful conduct, you do not have to face the legal process alone. Warner & Fitzmartin Personal Injury Lawyers offers free, confidential consultations to families across South Florida. Contact our office today to speak directly with our Delray Beach wrongful death lawyer about your situation.