The hospital just called. Now what?
In the first 72 hours after a wrongful death in Florida, the decisions a family makes will shape every legal option that follows. Insurance companies know this. Defense lawyers know this. Most grieving families do not — and that asymmetry is exactly what costs Florida families millions of dollars every year.
This guide is written for the surviving spouse, the adult child, the parent who just got the call. Cornish Hernandez Gonzalez, PLLC (CHG Law) is a Miami-based personal injury and wrongful death law firm located at 2525 Ponce de Leon Blvd, Suite 300, Coral Gables, FL 33134. We have built our reputation on representing Miami-Dade families in catastrophic injury and wrongful death cases — in English and Spanish, at the same level — and we have walked through these first 72 hours with hundreds of families.
Here is exactly what to do, what not to sign, and why the choices made this week will determine whether justice is possible at all.
Why the First 72 Hours After a Wrongful Death Define Your Case
A wrongful death claim in Florida is defined as a civil cause of action brought when a person dies as a result of the negligence, recklessness, or intentional act of another party — and it is governed by the Florida Wrongful Death Act, Florida Statutes §§ 768.16–768.26.
The first 72 hours matter because three things happen at once during that window:
- Critical evidence (medical records, surveillance footage, vehicle data, scene conditions) begins to disappear.
- Insurance adjusters and defense investigators are already moving — often within 24 hours of death.
- Grieving family members are asked to make legally binding decisions while in shock.
The decisions made during this 72-hour window are difficult to reverse later. Florida law gives families only two years from the date of death to file a wrongful death lawsuit under HB 837 (2023) — but the case-shaping decisions happen in the first three days, not the final two years.
Hour 0 to 24: What to Do Immediately After a Wrongful Death in Florida
In the first 24 hours after a wrongful death in Florida, a family’s priority is preservation — preservation of records, preservation of evidence, and preservation of legal options. Three actions matter most.
Request — and Preserve — All Medical Records
The hospital is required by federal law to provide the deceased’s medical records to the legally authorized representative. Request copies in writing of:
- All emergency room records
- All imaging (CT scans, MRIs, X-rays)
- Trauma bay notes and resuscitation timelines
- Provider names and contact information
- The official death certificate (when available)
Medical records are the spine of a wrongful death case. They establish causation, timing, and the standard of care delivered. In Florida wrongful death cases involving hospital negligence or delayed diagnosis, the difference between a settlement of $250,000 and a settlement of $5 million often comes down to a single trauma bay note that was preserved — or lost — in the first 48 hours.
Make the Autopsy Decision Carefully
In Florida, autopsies are mandatory in some deaths and optional in others. When a death is ruled accidental or suspicious, the Miami-Dade County Medical Examiner has jurisdiction and may order an autopsy automatically. In other cases, the family must affirmatively request one.
A private autopsy — performed by an independent forensic pathologist — is often more valuable in a civil wrongful death case than a county autopsy alone. Independent forensic findings can rebut a defense narrative that the death was caused by a pre-existing condition rather than the negligent act.
Do Not Speak to Insurance Adjusters
Within 24 to 72 hours of a wrongful death, insurance adjusters representing the at-fault party will contact the family. They will sound sympathetic. They will offer to “help with paperwork.” They will ask for a recorded statement.
Do not give a recorded statement. Do not sign a medical authorization. Do not accept a check.
A recorded statement given by a grieving spouse or parent in the first week after a wrongful death is one of the most damaging pieces of evidence a defense team can obtain. It is taken before the family has medical records, before they understand the cause of death, and before they have legal counsel — and it is used months or years later to undermine damages testimony at trial.
Hour 24 to 48: Documents You Should Not Sign After a Wrongful Death
Between 24 and 48 hours after a wrongful death in Florida, paperwork starts arriving — from hospitals, from insurance companies, from funeral homes, from employers, sometimes from the at-fault driver’s lawyer. Most of it is routine. Three categories are not.
The Three Documents Insurance Companies Want Signed Fast
The three documents most commonly used to compromise a Florida wrongful death case are:
- Blanket medical authorizations. A general HIPAA release allows the insurance company to obtain the deceased’s complete lifetime medical history. Defense teams use this to mine for any pre-existing condition they can blame the death on.
- Recorded statement consent forms. These are sometimes disguised as “claim verification” calls. Refuse all of them.
- Quick settlement releases. A release signed in the first week — often for $25,000 to $100,000 — extinguishes the family’s right to sue forever, even if the case is later worth millions.
Why a “Quick Settlement Offer” Almost Always Hurts the Family
When an insurance carrier offers a settlement within the first 7 to 14 days of a wrongful death, that offer is rarely a fair valuation of the claim. It is a calculated attempt to close the file before the family understands what the case is actually worth.
Florida wrongful death cases involving catastrophic facts — a commercial vehicle, a drunk driver, a medical error, a defective product — frequently settle in the seven and eight figures when properly developed. A quick offer is almost always a fraction of true case value.
Worried your deadline may be approaching? Don’t guess
Hour 48 to 72: Who Can File a Wrongful Death Claim in Florida?
Under Florida law, only one party can file a wrongful death lawsuit: the personal representative of the deceased’s estate. This is one of the most misunderstood rules in Florida wrongful death law, and it costs families months of delay when they do not understand it from day one.
The Personal Representative of the Estate
The personal representative is appointed by the probate court and acts as the legal plaintiff on behalf of all surviving family members entitled to recovery. The personal representative is often named in the deceased’s will. If there is no will, Florida intestacy law determines priority — typically the surviving spouse, then adult children, then parents.
Opening a probate estate is a prerequisite to filing a wrongful death suit in Florida. CHG Law coordinates this process with experienced Florida probate counsel as part of every wrongful death engagement.
Statutory Beneficiaries Under the Florida Wrongful Death Act
The personal representative files the lawsuit, but the recovery flows to the statutory beneficiaries. Under Florida Statutes § 768.21 , the following family members may recover:
- Surviving spouse — entitled to lost companionship, mental pain and suffering, and lost support and services from the date of injury.
- Minor children (under 25) — entitled to lost parental companionship, instruction, and guidance, plus mental pain and suffering.
- Adult children — entitled to recovery only if there is no surviving spouse (a major area of HB 837 reform debate).
- Parents of a deceased minor child — entitled to mental pain and suffering.
- Parents of a deceased adult child — entitled to mental pain and suffering only if there are no other survivors.
- The estate itself — entitled to lost earnings, lost prospective net accumulations, and medical and funeral expenses.
The categories are technical and the eligibility rules are strict. A miscalculation about who can recover is one of the most common errors in Florida wrongful death cases.
Florida’s 2-Year Wrongful Death Statute of Limitations (Updated for HB 837)
Florida’s wrongful death statute of limitations is defined as the maximum time period within which a wrongful death lawsuit must be filed in court — and as of March 24, 2023, that period is two years from the date of death, not four years.
This is the single most misunderstood deadline in Florida personal injury law right now. Florida House Bill 837 , signed on March 24, 2023, shortened the general negligence statute of limitations from four years to two years. The wrongful death statute of limitations under Florida Statute § 95.11(4)(d) was already two years and remains two years.
What Damages Can Be Recovered in a Florida Wrongful Death Case?
Florida wrongful death damages fall into two categories: damages recoverable by the surviving family members and damages recoverable by the estate.
Surviving family members may recover:
- Lost support and services from the date of injury to the date of death, and from the date of death into the future
- Loss of companionship, protection, instruction, and guidance
- Mental pain and suffering (for spouses, minor children, and certain parents)
- Medical or funeral expenses paid by a surviving family member
The estate may recover:
- Lost earnings of the deceased from the date of injury to the date of death
- Lost prospective net accumulations of the estate (future earnings the deceased would have saved)
- Medical and funeral expenses charged to the estate
In a Florida wrongful death case, the size of recovery depends almost entirely on how the damages model is built — by which experts, with what data, and how early in the case. Cases involving young decedents with surviving spouses and minor children, commercial defendants, and clear liability frequently produce eight-figure recoveries when properly developed.
Why Hiring a Miami Wrongful Death Lawyer in the First Week Changes Case Value
The lawyer hired in the first week of a wrongful death case is the single biggest variable in case outcome. This is not marketing language — it is a structural reality of how civil cases are built.
A wrongful death lawyer engaged in the first 7 days can:
- Send spoliation letters to preserve vehicle data, surveillance footage, and corporate records before they are destroyed
- Retain accident reconstruction, biomechanical, and medical experts before the defense locks down their availability
- Coordinate the autopsy and pathology workup
- Open the probate estate and secure personal representative status
- Shield the family from insurance adjuster contact
A wrongful death lawyer engaged six months later inherits a case in which evidence has degraded, witnesses have moved, and the insurance file is already built around a defense narrative.
CHG Law’s founding partners are former Miami-Dade Public Defenders who have tried hundreds of cases to verdict. We bring trial-readiness to wrongful death cases from day one — which is what changes settlement value when the insurance company finally takes the file seriously.
Frequently Asked Questions About Wrongful Death in Florida
What should a family do in the first 72 hours after a wrongful death in Florida?
In the first 72 hours, a family should preserve all medical records, refuse to give recorded statements to any insurance company, refuse to sign any medical authorization or settlement release, carefully evaluate the autopsy decision (consider an independent forensic autopsy), and contact a Florida wrongful death attorney before signing anything. The decisions made in this window shape every legal option that follows.
Who can file a wrongful death claim in Florida?
Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida. The personal representative is appointed by the probate court and acts on behalf of all statutory beneficiaries — typically the surviving spouse, minor children, certain adult children, and parents — under Florida Statutes § 768.21.
Does the statute of limitations apply differently to minors in Florida?
es. When the injured person is under 18 at the time of the accident, Florida law generally tolls the statute of limitations until the minor turns 18. This rule has exceptions — particularly in medical malpractice cases — so consulting an attorney at CHG Law immediately after a child’s injury is always the safest course.
How long do you have to file a wrongful death claim in Florida?
Under Florida HB 837, signed into law on March 24, 2023, a wrongful death lawsuit must be filed within two years from the date of death. This is shorter than many older online articles suggest. Missing the two-year deadline permanently bars recovery, with very limited exceptions.
What damages can be recovered in a Florida wrongful death case?
Florida wrongful death damages include lost support and services, loss of companionship and guidance, mental pain and suffering for eligible family members, medical and funeral expenses, lost earnings of the deceased, and lost prospective net accumulations of the estate. Recovery amounts depend on the decedent’s age, earning capacity, family structure, and the strength of the damages model built by counsel.
Why Choose Cornish Hernandez Gonzalez?
Experience with Personal Injury Claims in Coral Gables
We’ve handled hundreds of serious injury cases in Miami. We understand the unique challenges of all types of Personal Injury claims.
Resources for Complex Cases
Personal Injury cases require significant resources. We have:
- Relationships with top medical experts
- Financial resources for lengthy litigation
- Technology for case presentation
- Support staff for detailed case management
Proven Results
We’ve recovered millions for Coral Gables , Miami-Dade County personal injury victims. Our track record speaks for itself.
Personal Attention
We limit our caseload to provide personal attention. You’ll work directly with experienced attorneys, not junior staff.
Spanish-Speaking Team
Miami’s diverse community deserves legal representation in their preferred language. Hablamos español.
Don’t Wait – Your Future Depends on Action
Personal Injuries change everything. The medical bills pile up quickly. The pain never seems to end. Simple tasks become impossible. Your family suffers watching you struggle.
But you don’t have to face this alone. Legal help is available, and time is running out.
Florida law gives you a limited time to file a claim. Evidence disappears. Witnesses forget. Insurance companies use delays against you.
The sooner you call, the stronger your case becomes.
Contact Cornish Hernandez Gonzalez Today
If you or someone you love suffered personal injuries in Coral Gables, we’re here to help. Our experienced personal injury lawyers will fight for the compensation you deserve.
Your consultation is completely free. We don’t get paid unless we win your case.
We Serve All of Miami-Dade County:
- Downtown Miami
- Coral Gables
- Aventura
- Kendall
- Homestead
- Hialeah
- Doral
- Pinecrest
Don’t let insurance companies take advantage of you during this difficult time. Call Cornish Hernandez Gonzalez today. Your recovery starts with a phone call.
Hablamos español.
Remember: You have limited time to protect your rights. Don’t wait – call today.
Call (305) 745-7035 now for a free, no-obligation consultation.
This article is provided for informational purposes and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. For personalized legal guidance on your injury claim, consult with a qualified personal injury attorney in your jurisdiction.
