Table of Contents
    Fort Lauderdale Attorney David I. Fuchs

    David I. Fuchs, Fort Lauderdale Wrongful Death Lawyer


    If you believe the fatal incident was someone else’s fault, contact Fort Lauderdale wrongful death lawyer David I. Fuchs.

    Did You Recently Lose a Loved One in an Accident?

    Attorney Fuchs has decades of experience representing injured individuals and surviving family members in insurance claims and trial litigation. He is not afraid to seek to hold another individual or business responsible for a defendant’s careless, reckless, or willful misconduct, and he has a track record of obtaining fair results for his clients.

    The best thing you can do for yourself and your family after losing a relative is to speak with a Fort Lauderdale wrongful death attorneys about state law surrounding the topic, and your options moving forward. If your family has a right to wrongful death compensation, then a dedicated injury attorney can represent you through the insurance claim and legal processes.

    To schedule a free consultation of your case with a Fort Lauderdale personal injury lawyer, reach out to David I. Fuchs, Injury & Accident Lawyer today.

    Types of Wrongful Death Claims

    Attorney David Fuchs handles a wide range of wrongful death claims, including fatal:

    Fort Lauderdale Wrongful Death Law

    The Florida Wrongful Death Act appears in the Florida Statutes Sections 768.16-768.26. These statutes determine:

    • When a wrongful death action arises
    • Who may pursue a wrongful death claim
    • Who may recover damages
    • The types of damages that are recoverable through a wrongful death lawsuit

    What Makes a Death Wrongful?

    Under Florida Statute Section 768.19, when another individual’s negligence or misconduct caused a person’s death, and the event would have given the person the right to maintain an action for damages had their death not occurred, then a wrongful death right of action is created. In other words, if your loved one would have had the right to file a personal injury lawsuit had they lived, then your family may be entitled to damages through a lawsuit.

    Based on this law, the elements of a wrongful death claim include:

    • The at-fault party committed a wrongful act, negligence, default, or breach of contract or warranty
    • The at-fault party had a legal duty to behave in a different way toward the decedent and breached that duty
    • The at-fault party’s conduct directly caused the decedent’s death
    • The decedent’s death resulted in quantifiable economic and non-economic losses

    Because you must be able to prove each of these elements in order to recover compensation, it is important to work with a Fort Lauderdale wrongful death attorney. You will need strong evidence of the other person’s wrongful conduct, and how it directly caused your loved one’s death. You also will need evidence of you and your family member’s losses. A skilled lawyer in Fort Lauderdale can help collect all this evidence and keep a wrongful death claim on track.

    Who Can File a Wrongful Death Suit?

    Florida Statute Section 768.20 outlines who may file wrongful death lawsuits in the state.

    Surviving spouses or relatives do not file wrongful death claims in Florida. Instead, the law specifically states that an action shall be brought by the personal representative of the decedent’s estate. This individual files the lawsuit on behalf of the decedent’s estate.

    The personal representative of your loved one’s estate may be a family member. In fact, this is often the case. But it is not always true. A personal representative could be a long-time romantic partner, a friend, or a professional hired to handle the process.

    Who May Recover Wrongful Death Damages?

    Because the personal representative files a claim on behalf of the estate and surviving relatives, it is important to understand who may share in the potential financial recovery. Florida law also determines who may receive compensation in wrongful death lawsuits.

    Florida law states that the decedent’s survivors may obtain compensation, and it defines who is or is not a survivor in Florida Statute Section 768.18(1). Survivors include the decedent’s spouse, children, parents, and any other relatives who were partly or entirely dependent on the decedent’s support or services. If your loved one left behind a spouse, children, or parents, then these people may obtain portions of any recovered compensation.

    Typically, siblings, cousins, aunts and uncles, grandparents, and other relatives are not entitled to compensation. However, this presumption can be overcome if one of these relatives was financially or physically dependent on the decedent. For example, if your loved one took care of a disabled sibling who is not capable of living on their own, then this sibling has a right to a portion of wrongful death proceeds.

    Naturally, you may have questions regarding who can receive compensation and how much various survivors may be entitled to. A Fort Lauderdale wrongful death attorney from David I. Fuchs, Injury & Accident Lawyer, P.A. can answer all of your questions and prepare you for the potential outcome of your case.

    Damages Commonly Seen in a Case

    During a wrongful death lawsuit, an attorney can guide a personal representative is seeking a wide range of damages. Certain damages are for the benefit of the estate, while other damages are for specific survivors.

    Wrongful death damages often include:

    • Burial and funeral expenses for the estate or survivor who paid them
    • Medical expenses for the estate or survivor who paid them
    • Each survivors’ lost support and services
    • Surviving spouse’s loss of consortium – the decedent’s companionship and protection
    • Surviving spouse’s mental pain and suffering
    • Children’s loss of parental companionship, instruction, guidance, and mental pain and suffering
    • Parent of a minor child’s mental pain and suffering
    • Loss of decedent’s earnings for the estate
    • Loss of estate’s prospective net accumulation

    There also are more specific rules attached to these damages. For example, when a decedent leaves behind children, the damages those children are entitled to vary depending on whether they are minors (under the age of 25 years) or adults.

    Another possible type of compensation available in wrongful death suits is punitive damages. These are only available under certain circumstances. The personal representative must be able to prove that the at-fault party was malicious or reckless in causing the accident and your loved one’s death. The more egregious or extreme the at-fault party’s conduct, the stronger your claim for punitive damages.

    To learn more about the types of damages available after your loved one’s death and the potential value of these damages, talk with a wrongful death attorney in Fort Lauderdale as soon as possible.

    How Do Wrongful Death Settlements Work?

    When you suffer the loss of a loved one in a fatal accident, your mind may turn to file a lawsuit. You may imagine spending time in court and going to trial. Some wrongful death lawsuits do move forward to trial and are decided by a judge or jury. However, many claims are resolved through a pre-trial settlement.

    Attorney David Fuchs will conduct an in-depth investigation into the fatal accident in order to determine who was responsible, which party is liable for compensating your family, and whether there are any relevant insurance policies.

    When there is a relevant insurance policy, attorney Fuchs will pursue an insurance claim. This can be a more efficient way of obtaining a fair wrongful death settlement without going through the time and expense of a trial.

    Are Wrongful Death Claims Subject to Time Limits?

    Under state law, a wrongful death lawsuit must be commenced within two years of the date of decedent’s death.

    This may seem like plenty of time, but two years can pass quickly. You may speed through the weeks, months, and the first year after the accident, especially when you are fighting with an insurance company. This is why it is important to speak with a wrongful death attorney about your right to file a lawsuit as soon as possible. You may not wish to file right away, but you should be well aware of your deadline.

    Schedule a Free Consultation With a Fort Lauderdale Wrongful Death Attorney

    If you lost a loved one through a fatal accident, David I. Fuchs, Injury & Accident Lawyer, P.A. will thoroughly review your circumstances, advise you of your rights and options under state wrongful death law, and when appropriate, represent you in a wrongful death insurance claim or lawsuit. When another person or business is responsible for your loved one’s death, attorney David Fuchs will fight for you to receive the compensation you deserve.

    After unexpectedly losing a loved one, do not hesitate to schedule a free, initial case consultation with a Fort Lauderdale Wrongful Death lawyer.

    If you cannot come to the Fort Lauderdale office, accident attorney David I. Fuchs will send a representative to see you. His staff speaks English and Spanish. Se habla Inglés y Español.

    Llame a David Fuchs abogado de accidentes en la Fort Lauderdale. Ofrece consultas gratuitas.

    David I. Fuchs, Injury & Accident Lawyer, P.A. – Fort Lauderdale Office

    8 SE 8th Street
    Fort Lauderdale, FL 33316
    P: (954) 568-3636

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review