Legler, Murphy & Battaglia, LLP Logo

Personal Injury and Workers’ Compensation Lawyers

Wrongful Death Attorney in Bradenton and Sarasota

Did You Recently Lose a Family Member Because of Someone Else’s Negligence? Turn to Wrongful Death Attorneys in our law firm for Help

When someone you love dies because of another person’s negligence, you are not only grieving and in shock but you undoubtedly will have to deal with the expenses of the loved one’s funeral, possible loss of income, and many more difficulties. Unfortunately, the at fault party may rush you to reach a settlement or make decisions so they can protect their own interests. That’s why it’s crucial that you hire a trusted attorney who handles such claims in Sarasota, Bradenton, and the surrounding areas to protect and represent you and the interests of any other beneficiaries who may be involved. Importantly, the first step in any case involving a wrongful death involves the opening of an Estate. The cost of that alone can be financially overwhelming to most families. That is why we handle the initiation of the Estate process for many of our clients who are already overwhelmed with grief and emotion during this difficult time.

What May Qualify as a Wrongful Death Lawsuit?

  • A slip and fall/trip and fall accident that leads to death
  • Unsafe work premises that cause a fatal injury
  • Illnesses caused by workplaces not taking proper precautions
  • A dangerous public property or place of business that causes the death of a patron
  • A fatal dog attack resulting from negligence of the owner
  • Drowning/boating accidents that occur because of negligence
  • A bicycle or pedestrian accident caused by a negligent driver
  • Medical malpractice involving misdiagnosis, surgical errors, or any treatment that causes harm because of a medical provider’s error
  • Accidental overdose/poisoning when the wrong drug, or too high of a dose of a drug is prescribed
  • Car accidents caused by a negligent or intoxicated driver
  • Sexual assault
  • Nursing home abuse

We know you may be struggling with a staggering amount of loss and pain, and we are here to answer your questions and help you get through this difficult time.

Questions You Might Have about a Wrongful Death Case:

  • What is the Florida Statute of Limitations (the time you have to file a claim) for a wrongful death claim? In Florida, you have two years to file a lawsuit in case of wrongful death.
  • Who is liable for a wrongful death case? The party that caused the death, through negligence or an intentional act.
  • How do you prove fault in a wrongful death case? In a court case, the plaintiff (the party who is suing) will need to show that the party who caused the death violated and breached the duty of care, and caused the death of your loved one.
  • What evidence is needed to prove fault in a wrongful death case? Our wrongful death attorneys will use police reports, witness statements, medical paperwork and reports, photos from the accident, statements and testimonies from experts, and any other records and documentation surrounding the accident.
  • How hard is it to prove a wrongful death? The more evidence you can provide, the higher your possibility of filing a claim. Having an experienced wrongful death attorney on your side increases your chances of having a successful outcome.

Who Gets the Money in a Wrongful Death Lawsuit?

  • Surviving Spouse
  • Minor Children
  • Adult Children (if the action does not involve medical malpractice)
  • Parents (in some situations)

It is important to note that the class of damages available to each beneficiary of a wrongful death case varies depending on the case specific details. Each case must be analyzed to determine what benefits are available and to whom and who the Beneficiaries are.

How are Wrongful Death Proceeds Paid to Beneficiaries of an Estate?

Damages and compensation for a wrongful death case are recoverable for several elements, however, the types of damages available vary based upon the classification of the Beneficiary.

Types of recoverable damages may include:

  • Funeral expenses
  • Loss of parental companionship, instruction, and guidance
  • Loss of support and services
  • Mental pain and suffering
  • Medical costs
  • Punitive damages (if applicable)
  • Past and future loss of income
  • Loss of net accumulations to the Estate

How Do I Know if I Can File a Lawsuit for Wrongful Death?

If you lost a loved one because of a wrongful death, and you’ve experienced a loss of financial support, choose an attorney who specializes in wrongful death claims. We will answer your questions and review your information to find out if you have a case.

At Legler, Murphy & Battaglia, LLP we know experiencing a wrongful death is painful for surviving family members, and we will fight for compensation for you.

Protect your rights when you are injured. To schedule a free consultation with a lawyer at Legler, Murphy & Battaglia, LLP, call one of our Florida offices: Bradenton at 941-748-5599 | Sarasota at 941-366-3782 | Lakewood Ranch 941-251-1370 | Venice 941-202-4129 You can also contact us online.

If you are injured or recovering, let us come to your home, the hospital or another convenient location.

There are no fees or costs until and unless we achieve a successful outcome in your case.


Vanessa Castro Viera
Vanessa Castro Viera
November 3, 2023
I had the privilege of working with Kelli Martinez as my personal injury attorney, and I can't express enough how grateful I am for her exceptional guidance and support throughout the entire process. From the moment I first contacted her to the conclusion of my case, Kelli demonstrated an unwavering commitment to ensuring my rights were protected and that I received the compensation I deserved. I highly recommend her to anyone seeking legal representation for personal injury cases.
Jen Wiradilaga (SWFL Horses)
Jen Wiradilaga (SWFL Horses)
October 19, 2023
I am so pleased with the service and care Mr. Murphy has shown. Always has time for a phone call , emailed questions are answered so quickly , it is refreshing. I had guidance every step of the way. My Case was settled quickly and effectively. Everyone that is in this off is is exceptional! Thank you so much
amanda reese
amanda reese
October 17, 2023
Mr. Murphy and his team were amazing to work with. In a stressful situation they were on top of making sure I understood my options and walking me through the process when I’d stress out. He fought to make sure I was fairly treated and not just another person swept under the rug and forgot about. I highly recommend him if you ever need and hope to have a timely resolution and team that is top notch.
Ana Maria Araujo
Ana Maria Araujo
October 12, 2023
I am very grateful to Ed Murphy for accepting my case against work compensation, otherwise I wouldn't have had another doctor for a second examination and I would have been at home without being able to work again. I am thankful for all the work Ed and his assistant Jessica have done in my case. I am very happy with the service, every time I called I was treated very nicely by the front desk staff, Kelly. Thanks
Carlene Overacker
Carlene Overacker
October 6, 2023
I highly recommend Mr. Murphy. He immediately responded to the issues I was having with my workers compensation case. He reached out to me in a timely manner. I was always able to get ahold of him via the phone and emails. I never felt rushed in our meetings and conversations. He was professional and courteous. I am very satisfied how quickly I received my settlement.
Erica Aghoian
Erica Aghoian
September 22, 2023
I highly recommend contacting Ed Murphy with your worker's compensation case. From day one he took the time to explain all aspects of the case, listened to my questions and concerns, and kept me up-to-date as the case progressed. I believe he was able to achieve the best possible outcome with my case, and I couldn't be happier to have worked with him. I had never hired an attorney before, but he immediately put me at ease and had my trust. Great experience from start to finish!
Patricia Lara
Patricia Lara
September 12, 2023
I can't say enough how much help Ed Murphy was during such a difficult situation. From day one he was understanding and made us feel at ease. He helped us achieve the most positive out come in our law suit with workers comp. If you ever need assistance I highly recommend contacting Ed Murphy!
Trust Cleaning Inc
Trust Cleaning Inc
August 15, 2023
This message is for anyone who needs a good lawyer, I recommend Ed Murphy because he is a professional and patient person, he fights until the end of his case or any type of case, I recommend him to everyone 100% . there is no other attorney like ed murphy i just have to say thank you so much for helping me with my accident case.

How Can We Assist You?