Losing a loved one is one of the hardest things a family can face. The pain may feel even worse when another person’s careless act caused the death. Our Daytona Beach wrongful death lawyers at Chubb Law help families seek answers, justice, and fair payment after a preventable death.
Even though money cannot replace your loved one, a legal claim can help with bills, lost income, and other needs. Our Daytona Beach personal injury lawyers handle the legal work so your family can focus on healing.
What You Need to Know About Wrongful Deaths
A wrongful death happens when a person dies because someone else acted carelessly or failed to act safely. The at-fault party may be a driver, property owner, doctor, business, product maker, or another person or company.
A death may be considered wrongful when the person could have brought a personal injury claim if they had lived. A wrongful death lawyer can review what happened and explain whether your family may have a case.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim. It seeks compensation from the person or company that caused the death.
A civil case is different from a criminal case. The government brings criminal charges and may seek jail time or other punishment. In a wrongful death case, the personal representative of the deceased person’s estate brings the claim for the estate and eligible survivors.
A criminal conviction is not required to file a civil lawsuit. A wrongful death attorney may be able to pursue a claim even when no criminal charges are filed.
Volusia County is a busy place. Millions of people visit Daytona Beach each year to enjoy the beach, drive on the sand, or visit the racetrack. Roads like Interstate 95, Interstate 4, and International Speedway Boulevard carry thousands of cars and large trucks every day. Sadly, heavy traffic can lead to dangerous crashes.
When fatal accidents happen in Volusia County, local courts handle the legal cases. A Daytona Beach wrongful death lawyer who understands the local area can help families handle reports, court filings, insurance claims, and other parts of the legal process. Our wrongful death law firm is prepared to investigate fatal accidents throughout Daytona Beach and Volusia County.
Wrongful Death Statistics
Wrongful death cases may arise from traffic crashes, unsafe workplaces, dangerous products, and medical mistakes. Preventable injuries can lead to death or permanent harm. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recorded 367,315 traffic crashes that caused 2,983 deaths in 2025. Pedestrians and bicyclists face added danger because they have little protection when struck by a vehicle. Together, pedestrian and bicycle accidents caused 846 deaths in Florida that year.
Dangerous products may also cause fatal injuries. Defective vehicle parts, unsafe household goods, and harmful drugs can place consumers at risk. Data from the U.S. Consumer Product Safety Commission links thousands of deaths across the country to consumer products each year.
Medical errors can also have life-changing results. A Johns Hopkins Medicine study estimated that mistakes involving a delayed, missed, or incorrect diagnosis cause about 795,000 deaths or cases of permanent disability in the United States each year. These figures cannot show the full effect of losing a loved one. Each death may leave a family facing grief, lost income, medical costs, and many unanswered questions.
Results and Client Testimonial
My personal experience was awesome. Chubb Law made everything as easy as possible for me, with very minimal office visits. They accomplished their job for me and I was very pleased with their work. I would definitely highly recommend Chubb Law if you are in need of a professional, thoughtful, and awesome lawyer and the entire team!
– Stephanie
Key Legal Concepts in Wrongful Death Lawsuits
Several legal terms are important in these cases:
Duty of care: A person or company had a duty to act with reasonable care.
Breach of duty: The person or company failed to act safely.
Causation: The unsafe act caused or helped cause the death.
Damages: The death caused financial or personal losses.
Personal representative: This is the person who files the claim for the estate and survivors.
A Daytona Beach wrongful death attorney must use evidence to prove each required part of the case.
Legal Rights of Wrongful Death Victims
The person who died cannot file a lawsuit. Under Florida law, the personal representative files the case on behalf of the estate and eligible survivors. Survivors may include a spouse, children, parents, and certain relatives who depended on the deceased person for support or services.
The rights of each survivor depend on their relationship with the deceased person. Special limits may apply in medical malpractice cases involving adult children or the parents of an adult child.
Damages You Can Recover from Wrongful Death Accidents
Wrongful death damages may include:
Lost financial support
Lost household services
Lost wages and future earnings
Medical expenses tied to the final injury
Funeral and burial costs
Loss of companionship and protection
Loss of parental care and guidance
Mental pain and suffering
Loss of money the deceased may have added to the estate
A surviving spouse may seek damages for lost companionship and pain and suffering. Certain children may seek damages for the loss of parental companionship, teaching, and guidance. The estate may also recover certain lost earnings and expenses. Knowledgeable wrongful death attorneys can determine which damages may apply to your family.
Insurance often provides the main source of payment in a wrongful death claim. The coverage involved depends on how the death occurred.
A fatal vehicle crash may involve auto liability coverage, commercial vehicle insurance, or uninsured motorist coverage. A death on unsafe property may involve business or property insurance. Medical malpractice and defective-product cases may involve other forms of coverage.
Insurance companies may deny fault, blame the person who died, or offer less than the claim is worth. Our experienced wrongful death attorneys can review each policy and seek payment from every available source.
Common Types of Wrongful Death Cases Our Wrongful Death Lawyers Handle
Our legal team may help families after deaths caused by:
Motor vehicle accidents
Pedestrian and bicycle accidents
Boating and ATV accidents
Drunk or distracted driving
Dangerous property conditions
Slip-and-fall accidents
Poor security
Swimming pool accidents
Defective products
Workplace and construction accidents
Medical negligence
Nursing home abuse or neglect
Some cases involve several responsible parties. Our Daytona Beach wrongful death attorneys investigate the full event to identify all potentially liable parties.
Common Causes of Wrongful Deaths
Fatal accidents are often caused by speeding, texting while driving, drunk driving, unsafe turns, or failure to follow traffic laws. Other causes may include broken stairs, poor lighting, weak railings, wet floors, unsafe machinery, defective vehicle parts, and missing product warnings.
Medical cases may involve surgical errors, medication mistakes, missed diagnoses, or failure to watch a patient. Medical records, reports, and other proof must support the cause of death.
Speak with our Daytona Beach wrongful death law firm as soon as possible.
Early action can help preserve videos, vehicle data, property records, and other evidence before it disappears.
The Cost of Wrongful Death Accidents
A wrongful death can place a heavy financial burden on a family. Medical bills and funeral costs may come first, but the losses often continue for years. Families may also lose a steady income, health benefits, retirement savings, childcare, and other support provided by their loved one.
The cost of fatal accidents can be very high. The American Traffic Safety Services Association reports that deadly traffic crashes create about $460 billion in economic losses and another $1.4 trillion in quality-of-life losses. The National Safety Council estimates that each workplace death results in about $1.39 million in costs.
These numbers cannot measure the full pain of losing someone you love. Still, a wrongful death claim may help protect your family’s financial future. Wrongful death law firms will carefully review every loss and seek the full amount of compensation available under Florida law.
The Wrongful Death Claim Process in Florida
A wrongful death case may include the following steps:
Review the facts and evidence.
Open an estate and appoint a personal representative.
Identify all eligible survivors.
Investigate the death and gather records.
Find all responsible parties and insurance policies.
Calculate the family’s losses.
Send a settlement demand.
File a lawsuit if a fair agreement cannot be reached.
Prepare the case for trial.
Many claims settle without a trial. Still, Daytona Beach wrongful death law firms should build the case as though it may need to go before a judge and jury.
Building a Strong Case for a Wrongful Death Claim
A strong claim may use:
Crash or incident reports
Medical and autopsy records
Photographs and videos
Witness statements
Phone and vehicle data
Safety and inspection records
Company policies
Employee training records
Income and tax records
Expert opinions
Our lawyers may work with medical experts, accident experts, and financial professionals to explain what happened and measure the family’s losses.
Florida Personal Injury Statute of Limitations
Most Florida wrongful death lawsuits must be filed within two years of the date of death. Other deadlines may apply to cases involving medical malpractice or government agencies. Some claims also require written notice before filing a lawsuit.
Waiting too long may end your family’s right to recover damages. It is important to contact a wrongful death attorney well before the deadline.
Establishing Negligence in a Florida Wrongful Death Case
To prove negligence, the case must generally show four things. First, the at-fault party owed the person a duty to act safely. Second, that party broke the duty. Third, the careless act caused the death. Fourth, the death caused losses covered by Florida law.
Evidence must support each part. The belief that someone acted carelessly is not enough by itself.
Comparative Fault in a Wrongful Death Claim
An insurance company may argue that the person who died was partly at fault. Under Florida’s modified comparative fault rule, damages may be reduced by the person’s share of responsibility.
A family may be unable to recover if the person who died is found to have been more than 50% responsible for the accident. This rule does not apply in the same way to medical negligence claims. Our team can challenge unfair efforts to blame your loved one and reduce the claim’s value.
Liability in Wrongful Death Accidents
More than one party may be responsible for a wrongful death. Possible defendants may include:
A careless driver
A driver’s employer
A trucking company
A property owner
A maintenance company
A doctor or medical facility
A product manufacturer or seller
A contractor
A government agency
We will look at the full chain of events to find all possible sources of recovery.
Why You Should Choose Chubb Law for Your Wrongful Death Case
Chubb Law was created to give clients the personal care they deserve after a tragedy. We keep families informed and include them in important choices about their cases. Mitch’s 8 Promises guide the way we treat each client:
A free case evaluation
Proactive communication
A 110% commitment
You make the final decisions
No out-of-pocket fees unless the firm wins
An Increased Offer Guarantee
Unlimited communication by phone, email, and text
More money in your pocket, even after attorney fees
Our Daytona Beach wrongful death lawyers listen to your family, explain your options, and give your case personal attention from start to finish.
We Answer Your Frequently Asked Questions About Wrongful Deaths
Who can file a wrongful death lawsuit in Florida?
The personal representative of the decedent’s estate files the lawsuit. This person may be named in a will or appointed by the court. The claim is brought for the estate and eligible survivors.
How do you prove wrongful death?
You must show that the other party owed a duty of care, failed to act safely, and caused the death. You must also prove the losses suffered by the estate and survivors. Reports, videos, medical records, witness statements, and expert opinions may help prove the claim.
What if my loved one died in a hit-and-run crash?
Your family may still have options. Uninsured motorist coverage may apply when the driver cannot be found or has no insurance. Our lawyers can review the available auto policies.
How much does it cost to hire a wrongful death lawyer?
Chubb Law handles these claims on a contingency fee basis. You do not pay attorney fees out of pocket. We are paid only if we recover compensation for your family.
Contact Our Daytona Beach Wrongful Death Law Firm Today
If you have lost a loved one in a fatal accident, you do not have to carry this burden by yourself. Chubb Law can investigate the death, protect important evidence, and seek the compensation your family needs.
Contact our Daytona Beach wrongful death law firm today for a free case evaluation. Our experienced lawyers are ready to listen, answer your questions, and help your family take the next step.
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At Chubb Law, supporting the local communities in our region is is part of who we are
We’re proud to sponsor local events, organizations, and community initiatives in Daytona Beach, FL and the surrounding communities.