WRONGFUL DEATH ATTORNEY Jacksonville

When someone you love is killed because of another person’s negligence, recklessness, or intentional misconduct, no amount of money can undo what happened. But a wrongful death lawsuit can hold the responsible parties accountable, provide financial security for your family’s future, and ensure that the person or company that caused your loved one’s death faces consequences. At Phillips, Hunt & Walker, we have dedicated our careers to standing beside grieving families during the worst moments of their lives — and fighting relentlessly to make sure those responsible answer for what they did.

Our founding attorney, John M. Phillips, is Board Certified in Civil Trial Law by The Florida Bar — a credential held by fewer than 350 of the more than 110,000 lawyers licensed in Florida. He has recovered over $500 million for injured clients and their families, including a $495,123,680 jury verdict in a wrongful death case — one of the largest jury verdicts in American history. That result was not a negotiation. It was a jury’s decision after a Board Certified trial attorney built an airtight case and presented it with skill and conviction.

PHW charges no copy costs and no interest on litigation expenses. Most competing firms bill clients for every stamp, copy, and courier — and charge LIBOR + 8% (currently 12%+) interest on case costs while your case is pending. Some profit from delay. PHW does neither. Every dollar that comes in goes to the client, not back to the firm’s internal ledger.

Florida’s Wrongful Death Act — What You Need to Know

Wrongful death claims in Florida are governed by the Florida Wrongful Death Act, Florida Statutes §§ 768.16–768.26. This statute creates the legal framework for who can bring a wrongful death claim, what damages can be recovered, and what must be proven. Understanding these rules is critical because wrongful death cases are more legally complex than standard personal injury claims.

What Is a Wrongful Death Under Florida Law?

Under Florida Statute § 768.19, a wrongful death occurs when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of any person or entity. In practical terms, a wrongful death claim arises when someone dies due to circumstances that would have given the deceased person a valid personal injury claim had they survived. This includes deaths caused by car accidents, truck crashes, and motorcycle collisions, medical malpractice (surgical errors, misdiagnosis, medication errors, birth injuries), defective products (vehicles, medical devices, pharmaceuticals, consumer goods), premises liability (unsafe property conditions, negligent security, swimming pool drownings), nursing home abuse and neglect, workplace accidents, criminal acts (assault, homicide, DUI manslaughter), and any other form of negligence or intentional misconduct.

Who Can File a Wrongful Death Lawsuit in Florida?

Under the Florida Wrongful Death Act, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate — not by individual family members directly. The personal representative is typically named in the decedent’s will or appointed by the probate court. The personal representative brings the lawsuit on behalf of the estate and on behalf of the decedent’s survivors, who are defined by statute as the surviving spouse, minor children (biological or adopted), parents (if the decedent was a minor), and any blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support or services. Each category of survivor has different rights to specific types of damages under the Act. If no personal representative has been appointed, our firm can assist with the probate process to ensure a representative is in place before the statute of limitations expires.

Statute of Limitations — Two Years

Under Florida Statute § 95.11(4)(d), a wrongful death action must be filed within two years from the date of the decedent’s death. This is a hard deadline. If you miss it, the court will dismiss your case regardless of how strong the evidence is or how clear the defendant’s fault may be. Note that the two-year clock begins running from the date of death, not the date of the incident that caused the death — an important distinction in cases where the victim survived for a period of time after the initial injury.

In cases involving medical malpractice, the statute of limitations may be subject to additional rules under Florida’s medical malpractice statutes (§ 766.106), including pre-suit investigation requirements that can affect timing. Government defendants are subject to sovereign immunity provisions under Florida Statute § 768.28, which imposes a three-year statute of limitations and requires a written notice of claim at least 180 days before filing suit. Given these complexities, contacting an attorney promptly after a loved one’s death is essential to preserving your rights.

Damages Available in Florida Wrongful Death Cases

The Florida Wrongful Death Act specifies the types of damages that can be recovered, and the available damages depend on the relationship between the survivor and the decedent.

Damages for the Surviving Spouse

A surviving spouse may recover compensation for the loss of the decedent’s companionship, protection, and guidance, the loss of the decedent’s services (household duties, childcare, home maintenance), mental pain and suffering from the date of the injury that caused death, and loss of support and income that the decedent would have contributed to the household.

Damages for Surviving Children

Minor children may recover compensation for the loss of parental companionship, instruction, and guidance, lost support and services from the date of death, and mental pain and suffering. Adult children of a decedent who has no surviving spouse may also recover for mental pain and suffering — a provision that is sometimes overlooked but can be significant in cases involving elderly parents or adult children who have lost an unmarried or widowed parent.

Damages for Surviving Parents

When the decedent is a minor child, the parents may recover compensation for mental pain and suffering from the date of the child’s injury, lost support and services the child would have provided, and medical and funeral expenses. When an adult child dies and has no other survivors (no spouse, no children), the parents may recover for mental pain and suffering as well.

Damages Recovered by the Estate

The estate itself can recover the decedent’s lost earnings from the date of injury to the date of death, the decedent’s lost net accumulations (the income the decedent would have earned over their remaining lifetime, minus personal living expenses), medical expenses incurred between the injury and death, and funeral and burial expenses. Lost net accumulations can be the single largest component of a wrongful death recovery, particularly when the decedent was a young, high-earning individual. Calculating this figure requires economic experts who can project the decedent’s future earnings, benefits, career trajectory, and personal consumption over what would have been their remaining working life.

Punitive Damages

In cases involving egregious conduct — such as drunk driving, intentional violence, gross negligence, or corporate misconduct — punitive damages may be available under Florida Statute § 768.72. Punitive damages are designed to punish the defendant and deter similar conduct in the future. Florida generally caps punitive damages at the greater of three times the compensatory damages or $500,000, but there is no cap in cases involving intentional misconduct or conduct motivated by unreasonable financial gain.

Common Causes of Wrongful Death in Jacksonville

Our firm has represented families in wrongful death cases arising from virtually every type of negligence and misconduct. The most common causes include the following.

Motor Vehicle Accidents

Car crashes, truck and tractor-trailer collisions, motorcycle accidents, pedestrian accidents, and bicycle accidents are the leading cause of wrongful death claims in Florida. Jacksonville’s extensive highway system — I-95, I-10, I-295, JTB, and multiple bridges — produces fatal crashes at an alarming rate. When a negligent, distracted, or impaired driver takes a life, our firm holds them and their insurance carriers fully accountable.

Medical Malpractice

Surgical errors, anesthesia mistakes, misdiagnosis or delayed diagnosis of serious conditions (cancer, heart attack, stroke, sepsis), medication errors, birth injuries resulting in infant death, and hospital-acquired infections. Medical malpractice wrongful death cases are among the most complex in Florida law, requiring pre-suit investigation, compliance with strict procedural requirements under Florida Statute § 766.106, and expert medical testimony establishing the standard of care, breach, and causation.

Nursing Home Abuse and Neglect

Deaths caused by falls due to inadequate supervision, malnutrition and dehydration, medication errors, failure to treat infections (including bedsores that progress to sepsis), physical abuse, and understaffing. Florida’s nursing home residents are among the most vulnerable members of our community, and when a facility’s negligence or abuse leads to death, the Wrongful Death Act provides a path to accountability.

Defective Products

Deaths caused by defective vehicles (faulty brakes, tire blowouts, airbag failures, rollovers), dangerous pharmaceutical drugs, defective medical devices, and hazardous consumer products. Under Florida’s strict product liability laws, manufacturers and distributors can be held liable without proof of negligence — you need only prove that the product was defective and that the defect caused the death.

Workplace Accidents

While workers’ compensation is typically the exclusive remedy for on-the-job injuries in Florida, wrongful death claims can be brought against third parties (not the employer) whose negligence contributed to the death — such as a subcontractor, equipment manufacturer, or property owner. In cases involving gross negligence or intentional misconduct by the employer, the workers’ compensation immunity may be overcome.

Criminal Acts

When a loved one is killed by an act of violence — a shooting, a stabbing, a DUI crash, or any other criminal act — the family has the right to pursue civil wrongful death damages in addition to and independent of any criminal prosecution. A wrongful death lawsuit uses a lower burden of proof (preponderance of the evidence vs. beyond a reasonable doubt), so civil recovery is possible even if criminal charges are not filed or result in acquittal. Our firm has extensive experience handling wrongful death cases involving criminal acts, including cases that have attracted national attention.

Premises Liability — Negligent Security

Deaths caused by inadequate security at apartment complexes, parking garages, hotels, nightclubs, shopping centers, and other commercial properties. When a property owner fails to provide reasonable security measures — such as adequate lighting, functioning locks, security cameras, or security personnel — and that failure contributes to a fatal assault, robbery, or other violent crime, the property owner can be held liable for wrongful death.

The Wrongful Death Claims Process

Step 1: Appointment of Personal Representative. A wrongful death lawsuit in Florida can only be filed by the personal representative of the decedent’s estate. If one has not been appointed, we will assist with opening a probate estate and having a personal representative designated by the court. This step is time-sensitive because the two-year statute of limitations is running.

Step 2: Investigation. We immediately begin preserving and gathering evidence — accident reports, medical records, autopsy reports, surveillance footage, witness statements, employment and financial records, and any other evidence relevant to proving both liability and damages. In complex cases, we retain accident reconstruction experts, medical specialists, forensic accountants, and economists.

Step 3: Identifying All Responsible Parties. Wrongful death cases often involve multiple defendants. A truck accident death may involve the truck driver, the trucking company, the vehicle manufacturer, and a third-party maintenance provider. A medical malpractice death may involve the surgeon, the anesthesiologist, the hospital, and a medical device manufacturer. Identifying every responsible party — and every available insurance policy — is critical to maximizing your family’s recovery.

Step 4: Calculating Full Damages. We work with economists, vocational rehabilitation experts, and life care planners to calculate the full scope of your family’s losses — including lost net accumulations over the decedent’s projected remaining working life, lost household services, and the non-economic losses that are harder to quantify but equally real. Undervaluing a wrongful death claim is a mistake that cannot be undone after settlement.

Step 5: Demand, Negotiation, and Litigation. We prepare a comprehensive demand package and negotiate aggressively with the defendants and their insurers. If a fair settlement cannot be reached, we file suit and prepare for trial. This is where having a Board Certified Civil Trial Lawyer matters. Insurance companies know our track record — including a $495 million jury verdict in a wrongful death case. They know we do not bluff.

Wrongful Death vs. Survival Actions in Florida

Florida law recognizes two distinct types of claims arising from a person’s death: a wrongful death action under Florida Statutes § 768.16–768.26 and a survival action under § 46.021. Understanding the difference between these claims is critical because they compensate different losses, are brought by different parties, and are subject to different rules.

Wrongful Death Claims

A wrongful death claim compensates the survivors for their own losses resulting from the death of their loved one. The personal representative of the decedent’s estate files the lawsuit on behalf of all survivors. Recoverable damages include lost support and services, lost companionship, mental pain and suffering of the survivors, and medical and funeral expenses. The focus is on the harm done to the living — the spouse, children, and parents who must go forward without the person who was taken from them.

Survival Actions

A survival action, by contrast, recovers damages that the deceased person could have claimed if they had survived. This includes the decedent’s own pain and suffering from the time of injury until death, any lost wages during that period, and medical expenses incurred before death. The survival action essentially steps into the shoes of the deceased person and asserts the claims they would have brought themselves. Under Florida Statutes § 46.021, actions that would have survived in favor of the decedent are preserved after their death.

Why Both Claims Matter

In many wrongful death cases, both a wrongful death action and a survival action can be filed simultaneously. This is particularly important in cases where the deceased person suffered for a period of time before dying — such as in medical malpractice cases where a misdiagnosis led to months of unnecessary suffering, or in nursing home cases where neglect caused a slow decline. An experienced wrongful death attorney ensures that both claims are properly preserved and pursued, maximizing the total recovery for the family.

Wrongful Death and Criminal Proceedings

When a wrongful death results from conduct that is also criminal — such as a DUI manslaughter, a homicide, or reckless driving causing death — the family may pursue a civil wrongful death lawsuit regardless of what happens in the criminal case. These are separate proceedings with different standards of proof. A criminal case requires proof beyond a reasonable doubt, while a wrongful death civil case requires proof by a preponderance of the evidence — a significantly lower threshold.

This means that even if the person responsible is acquitted of criminal charges or if criminal charges are never filed, the family can still recover full wrongful death damages in civil court. Conversely, a criminal conviction can be powerful evidence in the civil case. At Phillips, Hunt & Walker, we coordinate with prosecutors and law enforcement when appropriate while independently building the strongest possible civil case for the family. Our firm handles both criminal defense and civil wrongful death matters, giving us a comprehensive understanding of how these parallel proceedings interact.

Florida Statutes § 782.071 (vehicular homicide) and § 316.193(3) (DUI manslaughter) create specific criminal liability for deaths caused by negligent or impaired driving. When these criminal statutes are involved, the evidence developed in the criminal investigation — including accident reconstruction reports, toxicology results, and witness statements — can be invaluable in the civil wrongful death case. Our legal team knows how to obtain and leverage this evidence effectively.

Statute of Limitations and Timing Requirements for Florida Wrongful Death Claims

Florida imposes strict deadlines on wrongful death claims that, if missed, permanently eliminate the family’s right to compensation regardless of how strong the evidence may be. Understanding these timelines is essential to protecting your claim.

The Two-Year Filing Deadline

Under Section 768.19, Florida Statutes, a wrongful death action must be filed within two years from the date of the decedent’s death. This is the general statute of limitations, and Florida courts enforce it strictly. The two-year clock starts on the date of death, not the date of the act or omission that caused the death — an important distinction when injuries are sustained months before the victim ultimately passes. If the at-fault party concealed evidence or left the state, tolling provisions under Section 95.051 may extend the deadline, but these exceptions are narrow and fact-specific.

Claims Against Government Entities

When a government entity is responsible for the death — such as a city bus accident, a dangerous condition on state-maintained property, or medical negligence at a public hospital — Florida’s sovereign immunity waiver statute (Section 768.28) imposes additional requirements. The personal representative must provide written notice to the government entity within three years of the death, but as a practical matter, the notice should be sent as early as possible because the underlying two-year wrongful death limitation still applies. Damages against a state agency or subdivision are capped at $200,000 per claim or $300,000 per incident absent a special legislative claims bill, making strategic case evaluation critical.

Medical Malpractice Wrongful Death — Special Presuit Requirements

When a wrongful death results from medical malpractice, Florida’s presuit investigation requirements under Section 766.106 apply before any lawsuit can be filed. The personal representative must serve a verified written medical expert opinion corroborating the claim of medical negligence, and the defendant healthcare provider then has 90 days to investigate and respond. This mandatory presuit period can consume significant time within the two-year limitation, which is why families should contact an attorney immediately rather than waiting. Phillips, Hunt & Walker begins the presuit investigation process within days of engagement, securing medical records, consulting board-certified medical experts, and preparing the required opinion letter well in advance of any filing deadline.

Cases That Demonstrate Our Commitment to Wrongful Death Families

John Phillips represented the family of Jordan Davis, a 17-year-old shot and killed at a Jacksonville gas station in a dispute over loud music. The case attracted national attention and became a defining moment in the conversation about gun violence and racial justice in America. Mr. Phillips guided the Davis family through criminal prosecution, intense media scrutiny, and civil resolution — work featured in the Emmy Award-winning documentary The Armor of Light, directed by Abigail Disney.

He represented over 130 child victims of pediatric dental abuse — children subjected to unnecessary and painful dental procedures by a provider motivated by profit, some of whom suffered life-threatening complications. Phillips secured an unprecedented simultaneous settlement of 104 cases and the revocation of the offending dentist’s license, followed by criminal prosecution.

In 2019, Mr. Phillips obtained a jury verdict of $495,123,680 in a wrongful death case — one of the largest jury verdicts in American history. That verdict reflects the jury’s recognition of both the devastating loss suffered by the family and the egregiousness of the defendant’s conduct.

These cases are not listed here as marketing points. They illustrate the kind of work we do and the kind of families we fight for. Every wrongful death case we take receives the same dedication, preparation, and commitment — because every family deserves a lawyer who treats their loss with the gravity it demands.

Frequently Asked Questions About Wrongful Death Claims in Florida

Who can file a wrongful death lawsuit in Florida? Only the personal representative of the decedent’s estate can file the lawsuit, on behalf of the estate and the decedent’s survivors (spouse, minor children, parents of a minor child, and dependent blood relatives). If no personal representative has been appointed, the court can appoint one through the probate process.

How long do I have to file a wrongful death claim? Two years from the date of death under Florida Statute § 95.11(4)(d). For claims against government entities, the deadline is three years, but a written notice of claim must be sent at least 180 days before filing suit. Do not wait — critical evidence can be lost, and once the deadline passes, your right to compensation is permanently extinguished.

Can I file a wrongful death claim if there are also criminal charges? Yes. Civil wrongful death claims are completely separate from criminal prosecution. They use different burdens of proof, different procedures, and serve different purposes. A wrongful death lawsuit can proceed regardless of whether criminal charges are filed, and regardless of the outcome of any criminal case.

What if my loved one was partially at fault? Under Florida’s modified comparative negligence law (effective March 2023), if the decedent is found to be more than 50% at fault for the incident that caused their death, the wrongful death claim is barred. If the decedent is 50% or less at fault, the recovery is reduced by the decedent’s percentage of fault. Having experienced trial counsel argue liability is essential.

How much is a wrongful death case worth? The value depends on many factors: the decedent’s age, health, earning capacity, and life expectancy; the number and relationship of survivors; the strength of the liability evidence; available insurance coverage; and whether punitive damages are available. Our firm has recovered results ranging from six figures to nearly half a billion dollars. We provide honest, realistic assessments based on the specific facts of your case.

What does it cost to hire a wrongful death attorney? Nothing upfront. Phillips, Hunt & Walker works on a contingency fee basis — you pay no attorney fees unless we recover compensation for your family. We advance all costs and expenses during the case, and we do not charge for copies or interest on advanced costs.

Choosing the Right Wrongful Death Attorney in Jacksonville

Not every personal injury attorney is equipped to handle wrongful death litigation. These cases are among the most complex in civil law, requiring mastery of medical evidence, economic modeling, accident reconstruction, and trial advocacy. Insurance companies and corporate defendants understand the stakes — they bring their most experienced defense teams and largest litigation budgets to wrongful death cases. The attorney you choose must be able to match that level of preparation and commitment.

In 2025, John Phillips was named one of the Top 200 Lawyers in America and one of the Top 20 Lawyers in Florida by the Forbes Editorial Board — both editorial and peer-reviewed selections, not pay-to-play distinctions. He holds the third-most state bar licenses of any attorney in the country and is the only attorney on that list who passed several of the tougher bar exams. Famed attorney Robert Shapiro has called him “the best lawyer in America.”

When evaluating wrongful death attorneys in Jacksonville, consider whether the attorney is Board Certified by The Florida Bar. Board Certification is the highest level of recognition by The Florida Bar for competency and experience within an area of law. Fewer than seven percent of Florida lawyers are Board Certified in any area. John M. Phillips holds Board Certification in Civil Trial Law, meaning he has met rigorous standards for trial experience, judicial evaluation, peer review, and ongoing continuing legal education. This credential is not cosmetic — it represents a demonstrated commitment to trial excellence that directly benefits clients in wrongful death cases.

Consider the attorney’s trial record. Many firms settle cases because they are not prepared to go to trial. Phillips, Hunt & Walker has a record that includes a $495 million jury verdict — one of the largest in Florida history. That verdict was achieved in a wrongful death case. When the other side knows your attorney has actually stood before a jury and won at that level, the settlement calculus changes entirely. The willingness and ability to try a case to verdict is the most important leverage in any wrongful death negotiation.

Finally, consider how the firm treats you as a person, not just a case. Wrongful death litigation can last months or years. You need an attorney who communicates clearly, who returns your calls, and who understands that behind every wrongful death claim is a family in pain. At Phillips, Hunt & Walker, we take wrongful death cases on a contingency fee basis — you pay nothing unless we recover for you — and we never charge clients for costs. That is our commitment: you should never have to choose between justice and financial survival.

Areas We Serve

Phillips, Hunt & Walker represents wrongful death families throughout Florida, including Jacksonville (Duval County), Orange Park and Fleming Island (Clay County), St. Augustine and Ponte Vedra Beach (St. Johns County), Fernandina Beach and Amelia Island (Nassau County), Macclenny (Baker County), Gainesville (Alachua County), and statewide. Our attorneys are licensed in multiple states and handle wrongful death cases nationwide when the circumstances require it.

Contact Our Jacksonville Wrongful Death Attorneys

If you have lost a loved one due to someone else’s negligence or misconduct, we are deeply sorry for your loss — and we are here to help your family find a path forward. The two-year statute of limitations is unforgiving, and critical evidence can disappear quickly. Phillips, Hunt & Walker offers free, confidential consultations for all wrongful death cases. We will review the circumstances of your loved one’s death, explain your legal options, and give you an honest assessment — with no pressure and no cost.

Call us today at (904) 444-4444 or contact us online. If you cannot come to us, we will come to you.

Related Practice Areas

Phillips, Hunt & Walker represents Jacksonville families in wrongful death cases arising from many types of negligence. Fatal car accidents are among the most common causes of wrongful death claims in Duval County. When a death results from substandard healthcare, our medical malpractice attorneys pursue accountability against negligent providers. Elder abuse that leads to a resident’s death may also involve nursing home negligence claims under Florida law. For a complete overview of our injury practice, visit our Jacksonville personal injury attorney page or call (904) 444-4444. We also handle criminal defense matters including DUI and felony charges, and our divorce attorneys represent families through custody, alimony, and property division.