Wrongful Death Lawyer in Miami, Florida

When someone dies because of a crash, a fall, a defective product or another person’s negligence, Florida law gives the family a way to hold the responsible party accountable. The process has rules of its own: who can file, who can recover and how long they have. Florida Injury Team connects families in Miami-Dade County with an independent Florida law firm that handles wrongful death claims. The consultation is free, and there are no fees unless the firm wins.

How wrongful deaths happen in Miami-Dade

• Highway crashes on I-95, the Palmetto, the Dolphin and Florida’s Turnpike, including crashes with commercial trucks
• Pedestrian and bicycle deaths on wide, fast arterials such as US-1, Biscayne Boulevard, NW 7th Avenue and Flagler Street
• Boating deaths on Biscayne Bay and the Intracoastal, where operator inattention and alcohol are recurring causes
• Construction falls and workplace deaths on the high-rise projects that define the Miami skyline
• Nursing home neglect, including falls, pressure injuries and medication errors
• Drownings in residential and hotel pools

What the Florida Wrongful Death Act provides

Florida Statutes 768.16 through 768.26 govern these claims. The rules that matter most to a Miami family:

• Only the personal representative of the estate can file. The claim is brought on behalf of the estate and the survivors, which usually means opening a probate case first.
• Who can recover. The spouse, minor children (under 25 under Florida’s definition), adult children in some situations, parents, and blood relatives or adoptive siblings who depended on the deceased for support.
• What can be recovered. Lost support and services, loss of companionship and protection for a spouse, mental pain and suffering for a spouse, minor children and the parents of a deceased minor child, medical and funeral expenses, and the estate’s lost earnings and net accumulations.
• Two-year deadline. Most wrongful death claims must be filed within two years of the death.
• Different rules for medical malpractice deaths. Those cases follow separate procedures and limits on which relatives can recover certain damages.

Florida’s modified comparative negligence rule also applies: the recovery is reduced by the deceased’s share of fault, and barred if that share exceeds 50%.

First steps for the family

1. Obtain the death certificate from the Florida Department of Health in Miami-Dade County, Office of Vital Statistics.
2. Request the Medical Examiner’s report when the death was unexpected. The Miami-Dade Medical Examiner Department investigates deaths from crashes, falls, drownings and other trauma.
3. Open the estate. The Probate Division of the Eleventh Judicial Circuit appoints the personal representative who is authorized to bring the claim. The firm handles this step.
4. Preserve evidence. The vehicle, the scene, video, phone records, medical records and, in nursing home cases, the facility’s charts. A preservation letter from the firm stops these from being discarded.
5. Do not sign anything from an insurer. Life insurance is separate from the wrongful death claim, and an early release from a liability insurer ends the claim.

Who can be held responsible

• A driver, and the driver’s employer or the vehicle’s owner
• A trucking company, with the federal rules and insurance limits that apply to commercial carriers
• A property owner or business for a dangerous condition
• A nursing home or assisted living facility for neglect or abuse
• A boat operator or owner
• A product manufacturer for a defect
• A government entity, which involves special notice requirements and caps on damages under Florida Statute 768.28

Where a Miami wrongful death case is handled

The civil lawsuit is filed in the Eleventh Judicial Circuit at the Miami-Dade County Courthouse, 73 West Flagler Street, and the estate is opened in the circuit’s Probate Division. Any criminal charges against the person responsible are a separate matter. A criminal case is not required for a wrongful death claim, and the civil claim can proceed while a criminal case is pending.

How the referral works

Florida Injury Team is not a law firm. When you call, we take the basic facts and connect you with an independent, licensed Florida law firm with experience in wrongful death claims. The firm reviews the case for free. If it takes the case, it works on contingency: no fees unless it wins. Before you hire any lawyer, you can ask that lawyer for written information about their qualifications and experience.