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Sarasota Wrongful Death Attorney

Losing someone you love because of another person’s careless or reckless actions leaves a wound that goes far beyond grief. The financial pressure, the unanswered questions, and the sense that justice hasn’t been served can weigh on a family for years.

If you’re in Sarasota and someone else’s negligence took the life of a person you depended on and loved, the Sarasota wrongful death lawyers at Shapiro | Delgado are here to help you hold the responsible party accountable. Call us today at (941) 954-4000 for a free consultation.

What Is a Wrongful Death Claim?

Florida’s Wrongful Death Act defines this type of claim as a death caused by the wrongful act, negligence, default, or breach of contract or warranty of any person or company.wrongful death

In plain terms, if someone’s poor choices, careless behavior, or failure to act responsibly caused your loved one’s death, Florida law gives your family the right to seek compensation.

Common causes of wrongful death cases in Sarasota include:

  • Motor vehicle crashes on busy corridors like U.S. Highway 41 or Interstate 75
  • Pedestrian accidents near the Sarasota Bayfront or Siesta Key Village
  • Premises liability incidents at commercial properties along Main Street or at beachfront venues
  • Medical malpractice at facilities such as Sarasota Memorial Hospital or HCA Florida Sarasota Doctors Hospital
  • Workplace accidents at construction sites or industrial operations throughout the county
  • Nursing home neglect at long-term care facilities in the greater Sarasota area

Unlike a criminal case, a wrongful death claim doesn’t need an arrest or conviction to move forward. It seeks financial compensation for the losses your family has suffered as a result of that death.

Who Can File a Wrongful Death Claim in Florida?

Florida law allows certain surviving family members to bring these claims. The personal representative of the deceased person’s estate files the wrongful death lawsuit on behalf of eligible survivors. Those survivors may include:

  • A surviving spouse
  • Children of the deceased
  • Parents, if the deceased had no surviving spouse or children
  • Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased

Each eligible survivor may be entitled to different types of compensation depending on their relationship to the person who died and the losses they’ve personally experienced.

What Can Your Family Recover?

Surviving family members can seek compensation for both the financial and personal losses that follow a loved one’s death. The damages available depend on your relationship to the deceased and the specific circumstances of the case.

Economic Damages

Economic damages cover the measurable financial losses your family has suffered. These are the costs and losses you can document with bills, pay stubs, and financial records:

  • Medical expenses your loved one incurred between the time of the injury and their death
  • Funeral and burial costs
  • Lost wages, benefits, and income your loved one would have earned had they lived
  • The value of services they provided to the household, such as childcare or home maintenance

Non-Economic Damages

Florida law also recognizes that some losses can’t be assigned a dollar amount from a spreadsheet.

  • Surviving spouses can seek compensation for the loss of companionship, protection, and comfort their partner provided.
  • Minor children may recover for the loss of parental guidance and support.
  • Parents of an adult child with no surviving dependents may be entitled to compensation for their mental pain and suffering.

These damages are real, even when they’re harder to quantify. Our team works with financial and medical professionals to build a complete picture of everything your family has lost.

Estate Claims

The personal representative of your loved one’s estate may also pursue damages on behalf of the estate itself. This includes any pain and suffering your loved one experienced between the injury and their death, as well as lost earnings and medical expenses incurred during that period.

Why Does Your Family Need a Lawyer?

Hiring an attorney is the single most important step your family can take after a wrongful death because the legal system is built for those who know how to use it, and insurance companies are counting on grieving families not to.

From the moment a fatal accident occurs, insurers and defense attorneys begin building their case. They preserve evidence, record statements, and work toward minimizing what they pay. Without legal representation, your family faces that machinery alone, at the worst possible time.

What We Do on Your Behalf

At Shapiro | Delgado, we step in immediately and take the weight of the legal process off your shoulders:

  • Investigate the cause of death and identify all liable parties
  • Gather and preserve evidence before it disappears
  • Handle all communication with insurance companies and opposing counsel
  • Consult with medical, financial, and accident reconstruction professionals
  • Calculate the full value of your family’s losses, including future damages
  • Fight for a fair settlement or take your case to trial if necessary

You Focus on Your Family. We’ll Handle the Rest.

Insurance companies have experienced legal teams working for them. Your family deserves the same. Call Shapiro | Delgado at (941) 954-4000 for a free consultation. There’s no cost, no obligation, and no fees unless we win.

What Makes Shapiro | Delgado Different?

Shapiro | Delgado stands apart because of a proven record of results, more than 100 years of combined legal experience, and over $300 million recovered for injury victims and their families throughout Florida.

A Team with the Credentials to Back It Up

Our attorneys bring recognized credentials to every case we handle:

  • David Shapiro is a Board Certified Civil Trial Lawyer with a perfect 10 AVVO rating and more than 30 years of experience. He knows the Sarasota courts, the judges, and the local legal landscape.
  • Jim Delgado holds a perfect 10 AVVO score, brings decades of litigation experience, and is a fluent Spanish speaker and military veteran.
  • Adam Shapiro has already secured multiple seven-figure settlements in personal injury and wrongful death cases.

Bilingual, Award-Winning, and Built for Results

Our firm is bilingual, award-winning, and built around a single mission: maximum compensation through diligent, attentive, and aggressive advocacy. We have the resources to go up against large insurance companies and the courtroom experience to back it up.

No Fees Unless We Win

We handle wrongful death cases on a contingency fee basis. There are no upfront costs and no hourly fees. If we don’t recover compensation for your family, you owe us nothing.

How Does the Wrongful Death Process Work in Florida?

From the time you first contact us to the resolution of your case, here’s how the process typically unfolds.

Step 1: Free Consultation and Case Evaluation

First, we conduct a thorough intake and case evaluation during your free consultation. We listen to what happened, ask the right questions, and give you an honest assessment of your case. If we believe your family has a viable claim, we begin the investigation immediately.

Step 2: Investigation and Evidence Gathering

Next, we build the evidentiary foundation. This includes obtaining the police report, medical records, witness statements, surveillance footage, and any other documentation that supports your wrongful death claim. In cases involving medical malpractice or product liability, we work with qualified professionals to analyze the technical details.

Step 3: Filing Your Lawsuit and Discovery

Once we’ve built your case, we file the lawsuit and enter the discovery phase, during which both sides exchange evidence and take depositions. Many wrongful death cases resolve through settlement negotiations before reaching trial, but if the responsible party’s insurer won’t offer a fair amount, we’re fully prepared to take your case before a Sarasota jury.

We Handle the Legal Fight. You Focus on Your Family

Throughout this process, we keep you informed and involved without burdening you with unnecessary procedural details. Our job is to handle the legal fight so you can begin to heal.

How Long Do I Have to File a Wrongful Death Claim in Sarasota?

Florida law gives surviving family members two years from the date of their loved one’s death to file a wrongful death lawsuit. Missing that deadline almost always means losing the right to recover compensation entirely, regardless of how strong your case is.

Two years may feel like plenty of time when you’re in the middle of grief. However, the window closes faster than most families expect, especially when you factor in how much preparation a strong case requires.

When the Clock Starts

In most wrongful death cases, the two-year period begins on the date of death. However, certain circumstances can affect that timeline:

  • If the death resulted from medical malpractice, different rules and deadlines may apply
  • If a government entity or employee was involved, a formal notice of claim must be filed within a much shorter window, sometimes as little as three to six months
  • In rare cases where the cause of death wasn’t immediately known, the timeline may begin when the connection between the negligence and the death was discovered or reasonably should have been

Don’t Wait to Get Legal Help

Even if you believe you have time, don’t wait to contact a personal injury attorney. It can put your case at risk. Evidence disappears. Witnesses become harder to locate. Surveillance footage gets overwritten. The sooner we get involved, the better positioned we are to build a complete and compelling case for your family.

Frequently Asked Questions About Wrongful Death Claims in Sarasota

How much does it cost to hire a wrongful death lawyer in Sarasota?

Shapiro | Delgado handles wrongful death cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. During your free consultation, we’ll explain exactly how our fee structure works so there are no surprises.

What if my loved one contributed to the accident that caused their death?

Florida follows a comparative negligence rule, which means your family may still recover compensation even if your loved one was partly at fault. The amount recovered is reduced in proportion to their share of fault. A skilled attorney can help assess how this rule applies to your specific situation and fight to minimize any reduction in your family’s recovery.

How long does a wrongful death case take to resolve?

Every case is different. Some cases settle within several months once liability is clear and damages are documented. Others, particularly those involving disputed facts or significant damages, may take a year or more to resolve. We’ll give you a realistic timeline during your consultation based on the specifics of your case.

What should I do right now if I think I have a wrongful death claim?

Contact an attorney as soon as possible. In the meantime, preserve any evidence you have access to, avoid giving recorded statements to insurance adjusters, and keep records of all expenses related to your loved one’s death. The earlier we get involved, the better positioned we are to build a strong case on your family’s behalf.

Can a wrongful death claim be filed if criminal charges are also pending?

Yes. A civil wrongful death claim and a criminal case are completely separate proceedings. A criminal case is brought by the state and focuses on punishment. A civil wrongful death claim is brought by your family and focuses on compensation.

The outcome of one does not prevent the other from moving forward, and you don’t have to wait for a criminal case to conclude before filing a civil claim.

Contact Shapiro | Delgado for a Free Wrongful Death Consultation

Shapiro group

Your family has been through enough. The grief is real, the financial strain is real, and the need for answers is real. Shapiro | Delgado is here to carry the legal burden so your family doesn’t have to face this alone.

We’re proud to serve families throughout Sarasota, from the barrier islands to the inland communities of Sarasota County. Our team is focused, experienced, and deeply committed to getting justice for the people we represent.

Call us at (941) 954-4000 or reach out online to schedule your free consultation. We’ll review the details of your case, answer your questions honestly, and help you understand your options. There’s no obligation and no cost to speak with us. We’re ready when you are.