Hiring a Wrongful Death Lawyer in Florida
Who can bring a wrongful death claim in Florida, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Florida: fee rules
| Rules on contingency fees | Florida requires every contingent fee arrangement to be a written contract signed by the client and a lawyer for the firm, stating the percentages on settlement, trial or appeal and the costs deducted (and whether before or after the fee); the client gets a copy and, at the end, an itemized closing statement. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. In personal injury, wrongful death and property damage tort cases, the client must first receive and sign a Statement of Client's Rights, and the contract may be cancelled in writing within 3 business days. Without court approval, fees above these levels are presumed clearly excessive: before an answer is filed (or demand for arbitrators), 33 1/3% of any recovery up to $1 million, 30% of $1-2 million, and 20% above $2 million; after an answer through judgment, 40% up to $1 million, 30% of $1-2 million, 20% above $2 million; if all defendants admit liability and ask for trial on damages only, 33 1/3% up to $1 million, 20% of $1-2 million, 15% above $2 million; plus an additional 5% if an appeal or post-judgment action is needed. In medical liability cases the lawyer must also give the client the text of Florida Constitution article I, section 26 (which, unless waived, entitles the claimant to at least 70% of the first $250,000 of damages). |
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| If you disagree with a lawyer's bill | The Florida Bar's Legal Fee Arbitration Program is free and voluntary: either the lawyer or the client can start it, but both must consent by signing an Agreement to Arbitrate. An arbitrator hears testimony, reviews evidence and makes a final and binding decision. Consumer guide: https://www.floridabar.org/public/consumer/pamphlet009/ |
| If a lawyer takes your money | The Florida Bar Clients' Security Fund, financed by part of Bar members' dues, may provide discretionary relief to people who lost money because a Florida lawyer misappropriated it during an attorney-client relationship. The lawyer generally must have been suspended, disbarred or had a license revoked (or have died), and a grievance must be filed unless the lawyer was already disbarred, revoked or deceased. Limits: unearned fees up to $5,000 (only if no useful services were provided) and misappropriation up to $250,000; damages, expenses and lost interest are not paid, and negligence, malpractice and fee disputes are not covered. File within three years of the final disciplinary action or the lawyer's death; processing often takes more than 12 months, and theft claims are paid once a year (prorated if funds are short). |
Florida rules to know first
| Who can sue | The deceased person's personal representative brings the action and recovers damages for the benefit of the survivors and the estate; all potential beneficiaries must be named in the complaint. Survivors may recover lost support and services. A surviving spouse may also recover for loss of companionship and for mental pain and suffering. Minor children (and adult children if there is no surviving spouse) may recover for lost parental companionship, guidance and mental pain and suffering. Parents of a minor child, and parents of an adult child when there are no other survivors, may recover for mental pain and suffering. Source: Fla. Stat. §§ 768.20, 768.21 |
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| Deadline to file | A wrongful death lawsuit must be filed within 2 years. Source: Fla. Stat. § 95.11(5)(e) |
Find and check a lawyer
| Lawyer referral service | The Florida Bar Lawyer Referral Service matches you with a lawyer based on your legal issue and location after you briefly describe your situation. "You can receive a 30-minute consultation for no more than $25." Call 800-342-8011 (weekdays 8:00 a.m.-5:30 p.m.) or use the online referral form, available 24/7. Local bar associations run nine referral services in Florida's major cities, and The Florida Bar handles referrals from all other areas. The service does not have pro bono lawyers. Coverage areas: https://www.floridabar.org/public/lrs/coverage-areas/ |
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| Check that the lawyer is licensed | The Florida Bar's member search ("Find a Member") lets you look up Florida lawyers by name, Bar number (exact match), city, county, state or country, with filters for eligible lawyers only, board certifications, practice areas, law schools and languages. Source: The Florida Bar, Find a Member |
| Check discipline history or file a complaint | The Florida Bar's Attorney/Consumer Assistance Program (ACAP) is a resource for people who want to discuss concerns about a lawyer's conduct: call 866-352-0707. To file a formal Bar complaint, download the complaint form, review the instructions and submit it as directed. The Bar publishes a monthly summary of disciplinary actions and instructions for viewing discipline documents. The Florida Bar: 651 E. Jefferson St., Tallahassee, FL 32399; 850-561-5600. Filing a complaint: https://www.floridabar.org/public/acap/filing-a-complaint/ ; Discipline documents: https://www.floridabar.org/public/acap/instructions/ |
Free legal help
| Free legal aid | Florida's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Bay Area Legal Services, Coast to Coast Legal Aid of South Florida, Community Legal Services of Mid-Florida, Florida Rural Legal Services, Legal Services of Greater Miami, Legal Services of North Florida and Three Rivers Legal Services. The Florida Bar's referral page also points people seeking free or low-cost help to Florida legal aid programs listed at fundingfla.org. Florida Bar LRS page: https://www.floridabar.org/public/lrs/ |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.