Florida Personal Injury and Wrongful Death Claims for Canadians

Our firm represents Canadians seriously injured or killed anywhere in Florida. Based in British Columbia, we handle U.S. personal injury and wrongful-death cases for Canadians, regardless of where they live in Canada.

Greg Lauer spent nearly 20 years running a civil litigation firm handling serious personal injury and wrongful-death cases, recovering millions of dollars for clients through U.S. federal court litigation. His experience includes more than 90 jury trials and extensive litigation in the Southern District of Florida. Earlier in his career, Greg also served as a Florida state prosecutor, giving him additional firsthand experience in Florida’s courtrooms.

Canadian clients can work with Greg from Canada while their claims are pursued in Florida, without having to find and hire a separate American law firm.

Where the Case Is Filed

Many serious personal injury and wrongful-death claims involving Canadian plaintiffs and Florida defendants can be brought in U.S. federal court through diversity jurisdiction.

Greg has extensive experience litigating in the U.S. District Court for the Southern District of Florida, including cases involving catastrophic injuries and wrongful death.

Which Law Applies?

When a Canadian is seriously injured or killed in Florida, Florida law will generally govern the personal injury or wrongful-death claim, even if the case is filed in U.S. federal court.

Florida law determines important issues such as liability, comparative fault, available damages, and filing deadlines. Federal courts follow federal procedural rules but apply state substantive law.

What Damages Are Available in Florida?

Florida law permits injured people to recover compensation for economic and non-economic losses caused by another party’s negligence.

Depending on the circumstances, damages may include:

• Past and future medical expenses
• Lost income and reduced future earning capacity
• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life

In serious injury cases, compensation for pain, suffering, and other non-economic losses can represent a substantial portion of the overall recovery.

Florida Wrongful Death Claims

Florida’s Wrongful Death Act allows surviving family members to pursue compensation when a death is caused by another party’s wrongful conduct or negligence.

A wrongful-death lawsuit is brought by the deceased person’s personal representative for the benefit of eligible survivors and the estate.

Depending on the family relationships, eligible survivors may include:

• A surviving spouse
• Children, including adult children in certain circumstances
• Parents
• Other qualifying dependent family members

Florida law permits recovery for financial losses, including lost support and services. Certain surviving family members may also recover damages for loss of companionship, protection, parental guidance, and mental pain and suffering.

For example, a surviving spouse may recover for loss of companionship and mental pain and suffering. Eligible children can also recover damages for loss of parental companionship and mental pain and suffering.

These non-economic damages can be particularly substantial in serious wrongful-death cases.

Learn more about our U.S. wrongful-death representation for Canadians.

How Comparative Fault Works in Florida

Florida generally follows a modified comparative-negligence system.

If an injured person is partly responsible for an accident, their percentage of fault can reduce the compensation available.

For example, if a claimant has $1 million in damages but is found 30% responsible, the potential recovery would generally be reduced to $700,000.

Under Florida’s current law, a claimant who is more than 50% responsible for their own injuries generally cannot recover damages in an ordinary negligence action covered by that rule.

Florida Statute of Limitations

Florida generally imposes a two-year deadline for negligence-based personal injury claims and wrongful-death lawsuits.

For most ordinary negligence claims, the two-year period begins when the injury occurs. For wrongful-death claims, it generally begins on the date of death.

Different deadlines, notice requirements, or exceptions may apply depending on the claim and circumstances.

Canadians seriously injured or killed in Florida should have the applicable deadlines evaluated promptly. Waiting too long can permanently prevent recovery.

Why Florida Litigation Experience Matters

Greg Lauer’s experience as a Florida state prosecutor and U.S. trial lawyer includes investigating cases, evaluating evidence, examining witnesses, and presenting claims to juries.

With more than 20 years of U.S. litigation experience and over 90 jury trials, Greg understands how serious injury and wrongful-death cases are prepared, litigated, and evaluated for settlement.

Our firm handles Florida cases for Canadians from across the country, providing access to experienced U.S. litigation counsel based in British Columbia.

Free, Confidential Consultation

If you or a family member was seriously injured or killed in Florida, contact Greg Lauer directly at 604-318-6725 to discuss your case.

The initial consultation is free and confidential. Our firm handles cases on a contingency-fee basis. Learn more about how our fees work.