Wrongful 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.