The phone call comes, and then the paperwork starts. Days after losing someone you love, a claims adjuster wants a statement, and a probate court wants to name someone to act for the estate. That pressure arrives while you are still planning a funeral.
Families across Brevard County reach a Melbourne, FL wrongful death lawyer at exactly this moment. You already know what happened to your family. What you need now is someone to handle the insurers and the deadlines so your family gets room to grieve.
No Client Left Behind takes fatal-crash cases for families in Melbourne and the wider Space Coast. To talk through your situation with our team, call (786) 733-9509.
Why Brevard County Families Bring Fatal-Crash Cases to No Client Left Behind
No Client Left Behind gives fatal-crash families close, personal attention instead of treating a case like one file in a stack of hundreds.
Travis Ray Hoopingarner and Anthony Johan Cabrera built our firm around a plain idea. The family across the table matters more than the volume on the calendar.
Insurance companies and corporate defendants bring large legal teams to fatal-crash claims. When insurance claims get complicated, we take on the Goliath so you do not have to, and we press these cases with the seriousness they carry.
A wrongful death case moves on several fronts at once, and families tend to feel the difference in a few concrete ways.
- Direct contact with the attorneys on your case
- Service in English and Spanish
- A focus on serious-injury and fatal-crash claims
- Attention to every insurance policy behind the crash
Personal attention is not a slogan in these cases, because the value of a wrongful death claim often turns on details a rushed file never surfaces. That approach also produced our first million-dollar litigation case.
Past case results do not guarantee a similar outcome, yet they reflect a willingness to try a case rather than accept a low offer. We carry the burden so you can heal.
Who Can File a Wrongful Death Claim in Florida?
In Florida, only the personal representative of the deceased person's estate may file a wrongful death lawsuit.
The personal representative is the person a probate court names to act for the estate, and this person brings the claim for the whole family under the Florida Wrongful Death Act.
One person files, but the recovery belongs to the family. Florida law defines who counts as a survivor able to recover, and the categories are specific.
- A surviving spouse
- Children of the person who died
- Parents of the person who died
- Certain blood relatives or adoptive siblings who depended on the deceased for support
Because Florida limits recovery to defined survivors, naming the right personal representative and beneficiaries early keeps a claim from stalling later. A short delay in the probate step often costs a family weeks it needed for the case itself.
What Does Florida's Wrongful Death Act Cover, and What May Families Recover?
Florida's Wrongful Death Act lets survivors and the estate recover specific categories of loss after a fatal act of negligence. What a family may recover depends on each survivor's relationship to the person who died, under Florida Statutes section 768.21. These claims can arise from many forms of negligence, including negligent security and inadequate safety measures.
| Wrongful death question | How Florida answers it |
| Who may file the lawsuit | The personal representative of the estate, for the survivors (Fla. Stat. 768.20) |
| Deadline to file | Generally two years from the date of death (Fla. Stat. 95.11) |
| Law that governs the claim | Florida Wrongful Death Act (Fla. Stat. 768.16 through 768.26) |
| Losses a family may recover | Support, companionship, mental pain and suffering, medical and funeral costs (Fla. Stat. 768.21) |
| Where a Brevard case is heard | Eighteenth Judicial Circuit, Moore Justice Center in Viera |
The losses a Florida wrongful death claim may cover fall into a few groups.
- Lost financial support and services the person provided
- Loss of companionship, protection, instruction, and guidance for qualifying spouses and children
- Mental pain and suffering for qualifying survivors
- Medical and funeral costs tied to the death
Florida folds these survivor and estate losses into one action, so a single case decision may affect several family members at once. That is one reason families gain from a Melbourne personal injury lawyer who maps each survivor's claim at the start rather than late.
A short call answers more than an article does. To ask how these rules apply to your family, reach our team at (786) 733-9509.
How Long Do You Have To File a Wrongful Death Lawsuit in Florida?
Most Florida wrongful death claims must be filed within two years of the date of death. That deadline comes from Florida Statutes section 95.11, and a claim filed after it passes is usually barred for good.
The clock runs from the date of death, not the date of the crash. When someone dies weeks after a wreck, those two dates differ, and the wrongful death deadline starts at the death.
Limited exceptions exist, so a lawyer confirming your exact date keeps a family from guessing.
Two years passes faster than most families expect, and early work protects the case in practical ways.
- Witness memories change as the months pass
- Vehicle damage gets repaired or the vehicle gets scrapped
- Camera and dash footage gets recorded over
- Probate steps take time before a suit may be filed
Because a court appoints the personal representative before a suit may proceed, starting the probate step early often decides whether the two-year window is enough. The deadline is fixed, yet the runway a family gives itself is not.
What Kinds of Fatal Accidents Lead to Wrongful Death Claims in Brevard County?
Most Brevard County wrongful death claims grow out of fatal motor vehicle crashes, from passenger-car wrecks to collisions with large commercial trucks. The Space Coast mixes heavy interstate traffic, tourist drivers, and long causeway commutes, and each carries its own risks.
I-95 pulls freight and delivery trucks through the county at highway speed. US-1 and US-192, also called New Haven Avenue, stack local traffic at busy intersections. The causeways over the Indian River funnel drivers, walkers, and cyclists onto narrow bridges toward the beaches.
Afternoon storms roll in fast and turn a routine drive dangerous within minutes.
A fatal crash on the Space Coast tends to fall into a handful of patterns.
- Highway crashes with tractor-trailers and delivery trucks on I-95
- Intersection and left-turn wrecks on US-1 and US-192
- Pedestrian and bicycle deaths near the causeways and beachside routes
- Rear-end and rollover crashes during sudden storm downpours
Crashes with commercial trucks stand apart, because a delivery or freight company, including carriers moving goods for retailers like Amazon and Walmart, often carries a large insurance policy and a legal team ready to protect it.
A Melbourne, FL fatal car accident lawyer looks at every layer of coverage, since a commercial policy may separate a token offer from full accountability. This can be especially important when determining what to do after a car accident in Melbourne, Florida.
How Does a Melbourne, FL Wrongful Death Case Move Forward?
A Florida wrongful death case moves through a set of steps, and knowing them ahead of time lowers some of the uncertainty. The path runs from probate appointment through the claim, negotiation, and, when a fair result stays out of reach, trial. Each stage builds on the one before it.
Naming the personal representative
The case starts in probate, where the court names the person who acts for the estate. Until that appointment happens, no one holds the legal standing to file. Handling this step early keeps the two-year deadline from turning into a trap.
Identifying every policy behind the crash
A fatal crash often involves more than one source of coverage. A commercial truck may carry a company policy far larger than a personal auto policy, and more than one party may share fault. Mapping the coverage early shapes how a family approaches the whole claim, which is why many families work with a truck accident lawyer to identify every policy that may apply.
What a Melbourne, FL wrongful death lawyer handles for your family
Our firm gathers the crash report, available footage, and the medical and financial records that show the loss. We deal with the adjusters, value the survivors' claims, and file the suit within the deadline. That lets your family step back from the paperwork and the phone calls.
FAQs for a Melbourne, FL Wrongful Death Lawyer
How much does a wrongful death lawyer in Melbourne, FL cost?
The cost of a wrongful death lawyer in Melbourne, FL depends on the fee arrangement, and we go over how fees work during your first conversation. Different cases carry different terms, so a direct talk gives you a clear answer before you commit to anything.
Can my family still recover if my loved one was partly at fault for the crash?
Yes, your family may still recover if your loved one was partly at fault, as long as the fault was not more than 50 percent.
Florida uses a modified comparative negligence rule under Florida Statutes section 768.81, which reduces recovery by the share of fault and bars it above that line.
Is a wrongful death claim the same as criminal charges?
No, a wrongful death claim is not the same as criminal charges. A wrongful death case is a civil claim your family brings for money losses, while criminal charges are brought by the state and may lead to jail time. The two may run at the same time over one crash.
Do I have to accept the insurance company's first offer after a fatal crash?
No, you do not have to accept the insurance company's first offer after a fatal crash. Early offers often arrive before the full value of a family's losses is clear, and once you sign a release, you give up the right to ask for more. A review before you sign protects your options.
How long does a wrongful death case take in Florida?
Most Florida wrongful death cases take several months to a few years, depending on the injuries, the number of policies, and whether the case settles or goes to trial. Straightforward claims resolve faster, while disputed liability or a commercial defendant may extend the timeline.
Talk With a Melbourne, FL Wrongful Death Lawyer About Your Family's Next Steps
Accountability does not bring anyone back. What it may do is steady a family's footing, cover the costs that followed the loss, and put real pressure on the party that caused it. That is work your family should not have to carry alone while grieving.
A Brevard County wrongful death attorney at No Client Left Behind gives your family a direct line to the people handling the case.
Reach us at (786) 733-9509. Our office runs Monday through Friday, 8:00 AM to 5:30 PM, and our team works with families in English and Spanish.
This page is attorney advertising and general information, not legal advice. Statutes and deadlines change, so confirm current Florida law and your specific deadlines with an attorney before acting.