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Losing a loved one is devastating, especially when their death was the result of someone else’s negligence or misconduct. In Lakeland, families are left not only with profound emotional pain but also unexpected financial burdens such as medical bills, funeral expenses, and lost household income.
At Kemp Injury Law, we understand the weight of what you're going through. Our Lakeland team is here to help surviving family members seek justice and financial relief through a wrongful death claim. While no amount of money can replace your loss, holding the at-fault party accountable can bring a measure of closure and help secure your family's future. For more information about how our team can help with your Lakeland wrongful death claim, call us today and schedule your free consultation.
In the state of Florida, wrongful death is defined by Florida Statute 768.19 as a death caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person or entity. In simpler terms, if your loved one would have had the legal right to file a personal injury claim had they survived, their death may qualify as wrongful under Florida law.
Wrongful death cases often arise from accidents or events that could have been prevented if someone else had acted with appropriate care. These are civil claims, not criminal cases, though a criminal case may occur alongside a wrongful death lawsuit.
At Kemp Injury Law, we’re committed to helping families in Lakeland hold negligent parties accountable while securing the compensation they need to begin moving forward.
To succeed in a wrongful death claim in Lakeland, certain legal elements must be clearly established. These elements are the foundation of your case and help demonstrate that your loved one’s death was both wrongful and compensable under the law.
At Kemp Injury Law, we carefully evaluate each of these components to build a strong, evidence-backed case on your behalf:
1. Death of a Human Being
This may seem obvious, but the first element requires confirmation that a person has died. The claim must involve the actual loss of life, not just injury or harm.
2. Caused by the Negligence or Misconduct of Another
You must show that the death resulted from another party’s negligence, carelessness, recklessness, or intentional actions. This could include a distracted driver, a negligent doctor, a dangerous product, or a Lakeland business that failed to maintain a safe premises.
3. Surviving Family Members Who Have Suffered Loss
There must be eligible survivors who have experienced financial or emotional harm as a result of the death. This typically includes the spouse, children, parents, or financially dependent relatives.
4. A Personal Representative to Bring the Claim
Florida law requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This person acts on behalf of the estate and the surviving beneficiaries.
5. Damages That Can Be Recovered
The claim must clearly outline the compensable damages, such as medical and funeral expenses, lost income, loss of companionship, and emotional suffering. These damages must be supported by evidence and expert testimony where necessary.
Each of these elements must be proven with clear and convincing evidence, which is why having an experienced wrongful death attorney is so important. At Kemp Injury Law, we know what’s at stake for your family, and we’re committed to building the strongest case possible to help you achieve justice and closure.
A Florida wrongful death occurs when someone dies due to another party’s negligence, wrongful act, or breach of duty. This type of claim is governed by the Florida Wrongful Death Act. The law allows the deceased person's estate to bring a civil lawsuit against the responsible party. A personal representative, usually named in the deceased's will or appointed by the court, must file the claim. Eligible survivors, such as a spouse, children, parents, or other dependents, may recover damages. These damages can include lost support, medical and funeral expenses, loss of companionship, and mental pain and suffering. The estate may also recover lost earnings and benefits the deceased would have provided. Wrongful death lawsuits must be filed within two years from the date of death in most cases. This legal remedy helps hold the at-fault party accountable and supports the grieving family financially. It’s essential to consult an experienced wrongful death attorney to ensure proper handling of the claim.
Wrongful death claims arise when a person dies due to the negligent, reckless, or intentional actions of another party. In a growing community like Lakeland, with its mix of urban traffic, construction zones, healthcare facilities, and elder care centers, these tragic events occur more frequently than many realize. Understanding the common causes can help families recognize when they may have grounds to pursue legal action.
Common scenarios that may lead to wrongful death claims include:
At Kemp Injury Law, we know how to uncover the facts and build a compelling case for families seeking justice. No matter the circumstances of your loved one’s passing, we are here to help you explore your legal options and pursue rightful compensation in a Lakeland wrongful death claim.
Under Florida law, a wrongful death claim can only be filed by the personal representative (also known as the executor) of the deceased person's estate. This representative may be someone named in the deceased’s last will and testament or, if there is no will, appointed by the court during the probate process. Though only the personal representative has the legal authority to bring the lawsuit, the claim is filed on behalf of the surviving family members who have suffered a loss due to the death.
Eligible Beneficiaries of a Wrongful Death Claim in Lakeland May Include:
The damages recovered in a Lakeland wrongful death claim are distributed among the eligible survivors based on:
For example, the surviving spouse may receive compensation for lost companionship, while children may be awarded damages for the loss of parental support. Funeral costs, medical expenses, and loss of income are often included in the total settlement or judgment.
Wrongful death claims in Lakeland and throughout Florida are governed by strict legal rules and time limits (generally two years from the date of death), so it’s critical to seek legal guidance quickly. At Kemp Injury Law, we work with personal representatives and families throughout Lakeland to ensure their rights are protected and that all eligible beneficiaries are accounted for in the claim.
Losing a loved one unexpectedly is one of life’s most difficult experiences. When that loss is due to someone else's negligence, the emotional grief is compounded by financial strain and the stress of legal uncertainty. At Kemp Injury Law, we provide compassionate yet aggressive representation to help families in Lakeland and throughout Polk County pursue justice and financial recovery through wrongful death claims.
Our Lakeland team is committed to taking the burden off your shoulders and guiding you through the process with care, skill, and determination. Here's how we help:
We leave no stone unturned in uncovering the truth about your loved one’s death. Our Lakeland team gathers and analyzes:
Our goal is to build a comprehensive and fact-based case to establish clear liability.
Wrongful death claims can involve multiple responsible parties, depending on the circumstances. Whether the loss resulted from a reckless driver, negligent physician, employer, manufacturer, or property owner, we work to ensure:
Our team takes the time to evaluate both economic and non-economic losses, including:
We may work with medical experts, vocational analysts, and economists to ensure your damages are accurately valued.
Insurance companies in Lakeland may attempt to settle wrongful death cases for far less than what families are entitled to. We shield you from this pressure by:
While we strive to reach a favorable settlement outside of court, we never hesitate to take your case to trial when negotiations stall. Adam Kemp and the team at Kemp Injury Law are skilled litigators who present compelling arguments backed by expert testimony and strong evidence.
In addition to wrongful death claims, Kemp Injury Law has extensive experience helping injured victims across a wide range of personal injury cases throughout Lakeland, including:
At Kemp Injury Law, our mission is to honor your loved one’s legacy by holding the responsible parties accountable so you and your family can begin to heal with dignity and peace of mind. No matter how your loved one was taken from you, we are here to offer compassionate guidance, aggressive advocacy, and a clear path forward.
The death of a loved one is always devastating, but when that loss was caused by someone else’s careless or reckless behavior, it can feel even more unbearable. Grief, confusion, and unanswered questions are often accompanied by overwhelming financial burdens like funeral expenses, medical bills, and lost income. During this difficult time, you deserve compassionate legal support from a team that truly understands the weight of your loss.
At Kemp Injury Law, we’re here to help you pursue justice, accountability, and the compensation your family needs to begin healing. Florida law allows families to file a wrongful death claim, but time is limited. In most cases, you must file within two years of your loved one’s passing. Waiting too long can jeopardize your right to recover damages.
When you contact us, here’s what you can expect:
We proudly serve clients throughout Lakeland and Polk County, and we are committed to standing by you every step of the way. Whether your case involves a car crash, medical error, workplace accident, or another preventable tragedy, we’re here to fight for the truth and for your future.
Call Kemp Injury Law today or connect with us online to schedule your free consultation. Let us help you take the first step toward closure and justice.
Related: What Family Members Can File a Wrongful Death Claim in Florida?
A wrongful death lawsuit is a specialized type of “tort” case, referring to civil lawsuits that seek compensation for injuries to your person or property. All tort cases have a statute of limitations, meaning a time frame established by law within which the lawsuit must be initiated. In Florida, there is a two-year statute of limitations for wrongful death lawsuits, meaning the lawsuit must be filed within two years of the death to preserve the right to recover compensation. If you are unsure whether the death of a loved one was a wrongful death, consult with an experienced Lakeland wrongful death lawyer as soon as possible to ensure that you inadvertently waive your right to pursue litigation by exceeding the statute of limitations time frame.
In the State of Florida, compensation (damages, in legal terminology) in a wrongful death lawsuit may be awarded to both the estate of the decedent and to individual survivors. The estate of the decedent may be awarded damages such as:
Eligible survivors may also be entitled to damages in a Florida wrongful death lawsuit, including some or all of the following:
A wrongful death leaves a lasting impact on surviving loved ones, both emotionally and financially. While pursuing a wrongful death lawsuit cannot undo the tragedy, it can hold the negligent or wrongful party accountable and alleviate some of the financial stress on those who depended on the deceased. Whether the loss resulted from a pedestrian accident, a car crash, or another accident that may lead to wrongful death, Lakeland wrongful death lawyer Adam Kemp is dedicated to seeking justice for the survivors. Let the team at Kemp Personal Injury Law utilize their experience, resources, and dedication to hold the responsible parties accountable and help you pursue the compensation to which you are entitled for your loss.
If you are the surviving loved one of a wrongful death, contact an experienced Lakeland wrongful death lawyer at Kemp Personal Injury Law to discuss your legal options. Our mission is to ensure that survivors of a wrongful death are fully and fairly compensated by the responsible parties. Reach out to our team today for a complimentary initial consultation by calling 863-694-0328 or by filling out our convenient online contact form.
Reviewed for legal accuracy by Adam Kemp on September 16, 2026
In 2026, who qualifies as a “survivor” under Florida’s Wrongful Death Act?
Florida’s statute defines “survivors” as the decedent’s spouse, children, and parents, plus certain blood relatives and adoptive siblings if they were partly or wholly dependent on the decedent for support or services. The same definitions section also states that “minor children” means children under 25 (for purposes of the Act), and it includes specific rules about children born out of wedlock.
What qualifies as a wrongful death case in Lakeland, Florida?
A wrongful death case arises when a person dies due to another party’s negligence, recklessness, or intentional misconduct. Common causes include car accidents, medical malpractice, workplace injuries, defective products, and criminal acts. Under Florida law, surviving family members may seek compensation for financial and emotional losses resulting from the death. The claim is typically filed by the personal representative of the deceased’s estate on behalf of the beneficiaries. A wrongful death attorney can evaluate the case and guide families through the legal process to seek justice.
How long do I have to file a wrongful death lawsuit in Florida?
The statute of limitations for wrongful death lawsuits in Florida is generally two years from the date of death. However, exceptions may apply in certain cases, such as medical malpractice or claims involving government entities, which may have different deadlines. If the claim is not filed within the legal timeframe, the family may lose their right to seek compensation. Because gathering evidence and building a strong case takes time, it is crucial to contact an attorney as soon as possible. A wrongful death attorney can ensure all deadlines are met and that the case is properly filed.
How are funeral and burial expenses treated in a wrongful death claim in Lakeland?
Funeral and burial expenses are recoverable as compensable damages in Florida wrongful death claims. The personal representative can present itemized receipts or bills to demonstrate these actual costs. These expenses are included along with medical and loss of financial support when calculating total damages. An attorney will help ensure these necessary costs are not overlooked in settlement negotiations or court. Properly documenting these expenses also underscores the tangible financial impact of the loss on the family. Early legal counsel ensures these funeral and burial costs are captured in your claim.
Can a wrongful death suit in Lakeland include claims for loss of companionship and guidance?
Yes, Florida law allows recovery for non-economic damages such as loss of companionship, guidance, and emotional support in wrongful death suits. These are separate from economic losses like lost income or out-of-pocket expenses. Non-economic damages recognize the emotional and relational void caused by the decedent’s death. The personal representative must present testimony or evidence detailing the survivor-decedent relationship to support these claims. Courts or insurers generally require this narrative to award appropriate value. A Lakeland wrongful death lawyer will know how to document and advocate for these deeply personal losses in your case.
What role does a personal representative play throughout a Lakeland wrongful death claim?
The personal representative is the legally appointed individual—often via will or probate—who initiates and oversees the wrongful death claim on behalf of the estate. They file the lawsuit, coordinate with beneficiaries, and manage distribution of any settlement or judgment. This person also works with attorneys to gather medical records, evidence of loss, and proof of damages. They may need to consult with financial or estate planning professionals to allocate proceeds according to Florida’s distribution rules. They act as the legal spokesperson for the decedent’s survivors. An experienced Lakeland wrongful death lawyer will assist and guide the personal representative through each legal and procedural step.
How can an attorney help with a wrongful death case in Lakeland?
A wrongful death attorney can investigate the cause of death, gather evidence, and build a strong case against the responsible party. They negotiate with insurance companies to secure fair compensation and take legal action if a settlement cannot be reached. Attorneys also handle all legal paperwork, court filings, and procedural requirements to ease the burden on grieving families. If necessary, they will present the case in court and advocate for justice on behalf of the deceased’s loved ones. To discuss your legal options, contact us for a free consultation.
