A fatal collision is a heartbreak no family is prepared for. In the days after a loss, you may be juggling grief, funeral decisions, missed work, and constant calls from insurers—while still trying to understand what happened on roads like I-4, US-98, or the Polk Parkway (SR-570).
If you’re searching for aLakeland wrongful death attorney, this guide explains the essentials: who can bring a case, what compensation may be available, and whattimelines apply after afatal crash Lakeland families experience.
If you want statewide support and resources for these cases, start here:Florida wrongful death lawyers.
Winning is no accident. Call844-643-7200. You pay nothing unless we win.
What a wrongful death claim covers after a fatal crash in Lakeland
A wrongful death claim is a civil case that may be brought when someone dies because of another person’s negligence or wrongful act—such as distracted driving, impaired driving, excessive speed, or other unsafe behavior.
This process isn’t about “putting a price” on a loved one. It’s about seeking accountability and securing financial support for the losses the family now bears—losses that can include income, home services, medical bills, funeral expenses, and the emotional harm recognized under Florida law.
Wrongful death cases are separate from criminal proceedings. Even if there is (or isn’t) a criminal case, a family may still have a civil claim depending on the facts.
Who can file a wrongful death case in Florida?
This is one of the most misunderstood issues.
In Florida, the wrongful death action is brought by the decedent’s personal representative (often named in a will, or appointed by the probate court). That representative pursues recovery for the benefit of the decedent’s survivors and the estate. (The Florida Senate)
Practically speaking:
- Individual relatives usuallydo not file separate wrongful death lawsuits on their own.
- The personal representative coordinates the claim, identifies eligible survivors, and ensures damages are pursued under the statute.
If your family isn’t sure who the personal representative is (or should be), that’s often one of the first procedural steps an attorney helps you handle correctly.
Understanding survivor claims in Florida wrongful death cases
Families often hear the phrasesurvivor claims because Florida’s Wrongful Death Act distinguishes between:
- losses recoverable by survivors, and
- losses recoverable by the estate (through the personal representative).
To facilitate easy reference, the following is the relevant Florida statute that outlines who initiates the action and how it’s pursued for survivors and the estate:survivor claims.
This distinction matters because the categories of damages can depend on the relationship to the deceased.
Wrongful death damages checklist (what families may be able to recover)
Florida wrongful death compensation is governed by statute and may include items like lost support and services, certain mental pain and suffering damages for qualifying survivors, and medical/funeral expenses (when paid by a survivor), among other categories.
Here’s the statute that lays outwrongful death damages.
Use the checklist below to understand what may apply and what documents help prove it.
1) Immediate financial losses
- Emergency medical expenses tied to the final injury (ER care, hospitalization, trauma treatment)
- Funeral and burial costs (especially when paid by a survivor)
- Out-of-pocket family expenses tied to the emergency (travel, lodging, childcare)
2) Lost income, support, and household services
- Loss of financial support, the person would likely have provided
- Loss of household services (childcare, caregiving, home maintenance)
- Future loss calculations (often requiring detailed documentation)
3) Emotional and relationship losses
Depending on survivor status and the facts, Florida law may allow recovery for losses such as companionship, guidance, and mental pain and suffering in qualifying circumstances.
4) Estate-related losses (in some cases)
The estate may pursue certain categories of loss as allowed under the statute, depending on the circumstances.
Documentation table: damages → what to gather
| Damages category | Documents that help prove it |
| Medical & funeral costs | Itemized bills, receipts, and insurance EOBs |
| Lost income/support | Pay stubs, W-2/1099s, tax returns, and employer verification |
| Household services | Calendar of tasks performed, replacement cost estimates |
| Emotional losses | Family statements, counseling records (if any), journals |
| Estate items | Probate documents, appointment paperwork, and financial records |
If there were surviving victims injured in the same collision, a related injury claim may exist alongside the wrongful death case. For guidance on injury matters, you can also speak with aLakeland personal injury lawyer.
Timelines: what happens from day 1 through settlement or trial
Families often want a roadmap. While every case is unique, here’s a realistic sequence.
Days 1–14: stabilize and preserve evidence
- Request crash report information when available
- Identify witnesses and request nearby video quickly (many systems overwrite)
- Save photos, vehicle damage documentation, and insurer communications
- Avoid signing releases or accepting quick payouts before legal review
Weeks 2–8: appointment steps and early investigation
- Confirm or petition for the personal representative (if needed)
- Send preservation letters (to prevent evidence loss)
- Begin damages documentation (income, services, expenses)
Months 2–6: claim build + negotiation posture
- Develop liability proof and address defenses
- Compile damages evidence and loss-of-support analysis
- Negotiate only from a position of documentation and readiness
The legal deadline you can’t miss
Florida law sets a limited window to file wrongful death actions. The statute listing the time limit is here:timelines.
Because deadlines can be unforgiving, it’s smart to speak with counsel early—before evidence fades and the clock becomes a threat to your options.
Evidence families should preserve early in fatal crash cases
Helpful items include:
- Photos/video from the scene (vehicle positions, skid marks, debris)
- Witness names and contact info
- Dash cam footage (your vehicle or bystanders)
- Any letters/calls/emails from insurers
- Medical and funeral documentation
- Proof of income and household contributions
Tip: Keep a simple written timeline: where your loved one was going, when you were notified, what law enforcement told you, and what insurers have asked for so far.
Why hiring a wrongful death attorney matters after a fatal crash
Insurance companies may move quickly after a death. Families often face:
- pressure to give recorded statements,
- requests for broad authorizations,
- early settlement offers that don’t reflect long-term losses.
A strong wrongful death legal team can:
- ensure the correct party files (personal representative),
- identify eligible survivors and damages,
- build proof for economic and non-economic losses,
- push back against blame-shifting or undervaluation.
If you want statewide capability and focused resources, visit:Florida wrongful death lawyers.
Speak with Wolf & Pravato about a Lakeland wrongful death case
If your family is grieving after afatal crash, Lakeland drivers know can happen in an instant, you don’t have to navigate the process alone. The Law Offices of Wolf & Pravato have75+ years of combined experience andhave recovered over $200 million (results vary; no outcome is guaranteed).
To talk through damage documentation and next steps,request a free case evaluation or call844-643-7200.
Disclaimer:This content is for informational purposes only and is not legal advice. Wrongful death laws and deadlines can be fact-specific. Consult an attorney about your particular situation.
Frequently Asked Questions
- Who files a wrongful death lawsuit in Florida?
The decedent’s personal representative files the case for the benefit of survivors and the estate.The Florida Senate - How long do we have to file after a fatal car accident?
Florida’s wrongful death deadline is listed in the limitations statute. - What damages are available in Florida wrongful death cases?
Florida law lists categories that may include lost support and services, certain mental pain and suffering damages, and medical/funeral expenses (when paid by a survivor). - What are “survivor claims” in a wrongful death case?
They refer to damages and recovery pursued for survivors under Florida’s Wrongful Death Act through the personal representative. - Should we talk to the insurance company right away?
Be careful with recorded statements and broad releases. It’s usually safer to get legal guidance before signing or speaking in detail. - Do we have to wait for a criminal case to finish first?
Not necessarily. A civil wrongful death case can proceed on its own timeline, though investigations may affect evidence availability. - What should we bring to a case evaluation?
Crash report info (if available), funeral/medical bills, proof of income (W-2/1099/tax returns), and notes about household services and support your loved one provided.