Bradenton Wrongful Death Lawyers
When someone dies because of another person's carelessness, the family is left with the grief and, usually, with bills and questions no one prepared them for. We represent families in wrongful death claims in Florida and Ohio.
Free ConsultationWrongful Death Attorneys in Bradenton
A wrongful death claim is the civil case a family can bring when a death was caused by someone else's negligence or deliberate wrongdoing. It covers a wide range of situations, a crash on I-75, a construction fall, a medication error in a hospital, a drowning at a pool that should have been fenced, and it is entirely separate from any criminal case the state may or may not bring.
We handle wrongful death cases for families in Bradenton, Palmetto, Lakewood Ranch and Sarasota, and Ohio cases go through our office in Solon. Families often call while they are still arranging the funeral, and that first conversation is usually short and mostly about what has to happen first.
Common Causes of Wrongful Death
- Traffic crashes, including those involving semi-trucks and motorcycles
- Medical malpractice, which follows its own rules in Florida
- Workplace and construction accidents
- Defective products
- Unsafe property, including pools without proper fencing
- Nursing home neglect
- Violent crimes, where a property owner's security may also be at issue
- Boating accidents
Who can bring the claim
In both states the lawsuit is filed by the personal representative of the estate, usually the person named in the will or appointed by the probate court, and not by family members individually. The money, though, is mostly for the family.
Florida's statute lists the survivors who can recover: the spouse, the children, the parents and, if they depended on the person for support or services, other blood relatives and adoptive brothers and sisters. One detail surprises people. For a wrongful death claim, Florida treats children under 25 as minor children, and that affects what they can recover. Ohio presumes that close family members, such as a spouse or children, were harmed by the death, and other next of kin can recover too if they can show a loss.
Florida Rules That Affect a Wrongful Death Claim
| Filing deadline | Two years from the date of death for most claims. A death caused by medical malpractice runs on a separate clock, generally 2 years from when the malpractice was or should have been discovered, with a 4-year outer limit. Fla. Stat. 95.11 |
|---|---|
| Who recovers what | Each survivor's damages are figured separately, so a spouse and a child under 25 can recover different things. The estate also has its own claim, for lost earnings and the medical and funeral bills it paid. Fla. Stat. 768.21 |
| Medical malpractice | If the death was caused by medical negligence, adult children (25 and older) cannot recover for their grief, and neither can the parents of an adult who died. Bills to repeal this rule have been filed in recent years, but as of 2026 it is still law. Fla. Stat. 768.21 |
| Government defendants | A claim against a state agency or local government requires written notice before a lawsuit can be filed, and recovery is capped at $200,000 per person and $300,000 per incident unless the Legislature approves more. Fla. Stat. 768.28 |
Ohio's deadline is also two years from the date of death. Damages there can include lost support and services, the loss of the person's companionship and guidance, lost inheritance and the family's mental anguish, with funeral and burial costs on top. When family members are not equally related, or cannot agree, the probate court decides how the money is divided. Ohio cases are handled through our office in Solon.
Is this the same as the criminal case?
No. The criminal case belongs to the state, and its goal is punishment. A wrongful death claim belongs to the family, and its goal is compensation, which is why it only has to be proven by a preponderance of the evidence (more likely than not) instead of beyond a reasonable doubt. A person can be acquitted in criminal court and still be found liable in a civil one, and the family usually does not have to wait for the criminal case to end before acting.
How we handle these cases
Quietly, as far as the family is concerned. We investigate the death and get the records (police reports, 911 calls, medical charts, autopsy findings), and we bring in experts when the cause of death or the value of the claim is disputed, while the family deals with as little of it as possible. Calls from insurance companies come to us. If a fair settlement is not offered, we are prepared to file suit and take the case to trial.
No settlement makes up for the loss of a person, and we won't pretend otherwise. What a claim can do is take the financial pressure off a family that has lost an income and hold the people responsible to account.
Why Choose Podor Law
Compassionate Advocacy
We keep the family's part of the case as light as we can, and we explain each step before it happens.
No Fee Unless We Win
You pay no attorney's fee unless we recover money for your family, and there is nothing to pay up front.
Experienced Trial Attorneys
Kenny Podor, our founder, has been handling personal injury cases since 1978, and we prepare wrongful death cases on the assumption that they may go to trial.
Thorough Investigation
We get the records and talk to the witnesses early, and we bring in experts when the cause of death or the value of the claim is disputed.
Personalized Attention
You deal directly with the attorneys on your case, and you can reach them when you have a question.
Florida and Ohio Law
Wrongful death works differently in each state, from who can recover to how the money is divided, and we handle cases under both.
Frequently Asked Questions
How is a wrongful death case different from a criminal case?
In almost every way that matters to the family. The state brings the criminal case and decides whether to charge anyone at all, and the outcome is a sentence rather than money for the survivors. The wrongful death case is brought by the estate's personal representative on the family's behalf, and it only has to be proven by a preponderance of the evidence. If it succeeds, the result is compensation. The two can go forward at the same time, and an acquittal in the criminal case does not end the civil one.
What types of damages can be recovered in a wrongful death case?
That turns on the state, and in Florida also on each family member's relationship to the person who died. Florida figures each survivor's damages separately. A spouse can recover for lost companionship and their own grief, children under 25 (or all children, if there is no surviving spouse) for lost guidance and grief, and any survivor for lost financial support, while the estate recovers lost earnings and the medical and funeral bills it paid. In Ohio the damages include lost support and services, lost companionship and guidance, lost inheritance and the family's mental anguish, with funeral and burial costs on top. Punitive damages are possible in some cases, depending on the state and on how serious the misconduct was.
Who can file a wrongful death lawsuit?
Only the personal representative of the estate, in both Florida and Ohio. That is usually the person named in the will as executor, or someone the probate court appoints if there is no will. The personal representative files on behalf of the family, though, and in Florida the survivors who can recover include the spouse, children and parents, along with other blood relatives and adoptive siblings who depended on the person for support. If no one has been appointed yet, that is one of the first things we take care of.
How long do I have to file a wrongful death lawsuit?
Generally two years from the date of death, in both states, with some exceptions. In Florida, a death caused by medical malpractice has its own deadline, generally 2 years from when the malpractice was or should have been discovered and never more than 4 years after it happened, and a pre-suit investigation period comes before any lawsuit. Claims against a government agency require written notice first, and in Florida the notice for most wrongful death claims against the state has to reach the Department of Financial Services within 2 years. In Florida, a personal injury case that was already pending when the person died ends at that point, and the claim continues as a wrongful death case.
How are wrongful death settlements distributed among family members?
Not according to the will, which surprises a lot of families. In Florida, each survivor's damages are determined separately under the Wrongful Death Act, so a surviving spouse and an adult child, for example, can end up with different amounts. In Ohio, family members who are equally related to the person who died can agree on how to divide the money, and otherwise the probate court decides, based on each person's loss and circumstances. Part of our job is explaining how that is likely to work in your family before any settlement is accepted.
Seeking Justice For Your Loved One
Call when you are ready. The consultation is free, and there is no attorney's fee unless we recover money for your family.
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