Miami Wrongful Death Lawyer
We understand that no words can ease the pain of losing someone you love. When that loss was caused by someone else's negligence, recklessness, or wrongdoing, the grief can feel even more overwhelming. At Cardinal Law, our Miami wrongful death attorneys are here to shoulder the legal burden so you can focus on healing and honoring your loved one's memory.
We approach every wrongful death case with the sensitivity, compassion, and determination that grieving families deserve. While no lawsuit can bring your loved one back, we fight to ensure that responsible parties are held accountable and that your family receives the financial support you need to move forward.
Free Consultation | No Fees Unless We Win | Available 24/7 for Emergencies
Florida Wrongful Death Law at a Glance
2 Years
Statute of Limitations from Date of Death
768.16-768.26
Florida Wrongful Death Act Statutes
Multiple
Survivors May Recover Damages
$0 Upfront
No Fees Unless We Win Your Case
Understanding Florida's Wrongful Death Statute
Florida Statutes 768.16-768.26, known as the Florida Wrongful Death Act, establish the legal framework for pursuing justice when negligence causes someone's death.
What Constitutes Wrongful Death
Under Florida law, a wrongful death occurs when a person's death is caused by the "wrongful act, negligence, default, or breach of contract or warranty" of another person or entity. The key principle is that the deceased would have had a valid personal injury claim had they survived.
This means that if your loved one died due to someone else's carelessness, recklessness, or intentional wrongdoing, you may have grounds for a wrongful death lawsuit in Miami. The statute applies to deaths resulting from car accidents, medical malpractice, workplace accidents, defective products, criminal acts, and many other circumstances.
Elements of a Wrongful Death Claim
To successfully pursue a wrongful death claim in Miami, our attorneys must establish four essential elements:
- Duty of Care: The defendant owed a duty of care to the deceased
- Breach of Duty: The defendant breached that duty through negligence or wrongful conduct
- Causation: The breach directly caused or substantially contributed to the death
- Damages: Survivors suffered quantifiable damages as a result of the death
Who Can File a Wrongful Death Claim in Miami?
Florida's Wrongful Death Act establishes specific rules about who can bring a wrongful death lawsuit and who may recover damages. Understanding these distinctions is crucial to protecting your family's rights.
The Personal Representative
Under Florida Statute 768.20, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This is different from other states where individual survivors may file their own claims. The personal representative files the lawsuit on behalf of both the estate and all eligible survivors, ensuring that everyone's interests are represented in a single action. If no estate has been opened, our Miami wrongful death attorneys can assist with the probate process to establish an estate and appoint a personal representative.
Eligible Survivors Under Florida Law
Surviving Spouse
May recover loss of companionship, protection, mental pain and suffering, loss of support and services, and consortium. The spouse is often named as personal representative.
Minor Children
May recover lost parental companionship, instruction, guidance, mental pain and suffering, and lost support and services. These damages often extend until the child reaches adulthood.
Adult Children
If there is no surviving spouse, adult children may recover for loss of companionship and mental pain and suffering. If there is a surviving spouse, adult children's recovery is more limited.
Parents & Dependents
Parents may recover if there is no surviving spouse or children. Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased may also recover.
Types of Wrongful Death Cases We Handle in Miami
Cardinal Law represents Miami families in all types of wrongful death cases. Our experienced attorneys understand the unique legal issues that arise in each type of fatal accident.
Fatal Car & Truck Accidents
I-95, I-395, US-1, and Miami-Dade highway fatalities caused by negligent driving, drunk driving, or distracted driving.
Medical Malpractice Deaths
Fatal surgical errors, misdiagnosis, medication mistakes, and hospital negligence at Jackson Memorial, Baptist Health, and other Miami facilities.
Workplace & Construction Fatalities
Construction site deaths, industrial accidents, and workplace fatalities involving Miami's booming development projects.
Criminal Acts & Homicide
Civil wrongful death claims arising from criminal acts, assaults, or negligent security leading to death.
Maritime & Boating Deaths
Biscayne Bay boating accidents, cruise ship fatalities, and Port of Miami maritime deaths governed by federal maritime law.
Nursing Home Abuse Deaths
Fatal nursing home neglect, elder abuse, and assisted living facility deaths throughout Miami-Dade County.
Damages Available in Miami Wrongful Death Cases
Florida law allows survivors to recover both economic and non-economic damages in wrongful death cases. The specific damages available depend on the survivor's relationship to the deceased.
Estate Damages
The estate can recover damages on behalf of the deceased, including:
- Medical Expenses: All medical bills incurred from the injury until death, including emergency care, hospitalization, surgery, and medications.
- Funeral and Burial Costs: Reasonable expenses for funeral services, burial or cremation, casket, headstone, and related costs.
- Lost Earnings: The income the deceased would have earned from the date of death to the date of trial.
- Lost Net Accumulations: The value of assets the deceased would have accumulated over their remaining lifetime.
Survivor Damages
Individual survivors may recover for their personal losses, including:
- Lost Support and Services: The financial support and household services the deceased would have provided throughout their lifetime.
- Loss of Companionship: The emotional value of the relationship, including love, affection, care, and protection.
- Mental Pain and Suffering: The grief, sorrow, and mental anguish experienced by survivors as a result of the death.
- Loss of Parental Guidance: For minor children, the lost instruction, moral training, and guidance they would have received.
Punitive Damages in Wrongful Death Cases
In cases involving gross negligence, intentional misconduct, or reckless disregard for human life, Florida law may allow the recovery of punitive damages. These damages are designed to punish the wrongdoer and deter similar conduct in the future. Unlike compensatory damages, punitive damages are awarded directly to the estate. Our Miami wrongful death attorneys will evaluate whether your case may qualify for punitive damages.
Statute of Limitations: Time is Critical
Years from Date of Death
Florida's statute of limitations for wrongful death claims
Under Florida Statute 95.11(4)(d), wrongful death claims must be filed within two years of the date of death. This deadline is strictly enforced by Florida courts, and failing to file within this timeframe almost always results in your claim being permanently barred.
While two years may seem like ample time, wrongful death cases require extensive investigation, expert consultations, and careful preparation. Evidence can disappear, witnesses' memories fade, and companies may destroy relevant documents. The sooner you contact a Miami wrongful death attorney, the better positioned we will be to build the strongest possible case for your family.
Special Circumstances May Apply
Certain situations may affect the statute of limitations. Medical malpractice cases have specific pre-suit notice requirements. Claims against government entities may have shorter deadlines. If the death was not immediately discovered to be caused by wrongful conduct, the discovery rule may apply. Contact our office immediately for a free evaluation of your specific circumstances.
The Role of the Personal Representative
Understanding the personal representative's role is essential to navigating a Miami wrongful death case effectively.
What Does a Personal Representative Do?
The personal representative acts as the legal voice for both the deceased person's estate and all surviving family members who may be entitled to compensation. Their responsibilities in a wrongful death case include:
- Filing the wrongful death lawsuit in the appropriate court
- Working with attorneys to investigate and build the case
- Participating in discovery, depositions, and negotiations
- Approving or rejecting settlement offers
- Distributing recovered damages to eligible survivors
Who Can Serve as Personal Representative?
If the deceased left a will, it typically names an executor who becomes the personal representative. If there was no will, or if the named executor cannot serve, the probate court will appoint one. Common choices include:
- Surviving spouse
- Adult child of the deceased
- Parent of the deceased
- Other close relative
- A professional fiduciary in complex cases
Our Miami wrongful death attorneys can assist with establishing the estate and petitioning the court to appoint a personal representative if needed.
The Wrongful Death Claim Process in Miami
Our compassionate attorneys guide families through every step of the wrongful death claim process, handling the legal complexities so you can focus on healing.
Free Consultation and Case Evaluation
We begin with a compassionate, confidential consultation to understand your loss and evaluate the legal merits of your case. We explain your rights under Florida's Wrongful Death Act, discuss the potential value of your claim, and answer all your questions. There is no obligation, and this consultation is completely free.
Investigation and Evidence Gathering
Our team conducts a thorough investigation into the circumstances of the death. This includes obtaining police reports, medical records, witness statements, surveillance footage, and any other relevant evidence. We work with accident reconstructionists, medical experts, and economic experts to establish liability and damages.
Estate Establishment and Personal Representative Appointment
If an estate has not already been opened, we assist with the probate process to establish the estate and have a personal representative appointed. This is a legal requirement before a wrongful death lawsuit can be filed in Florida.
Filing the Wrongful Death Lawsuit
We prepare and file a comprehensive wrongful death complaint in the appropriate Miami-Dade County court. The complaint identifies all defendants, alleges their negligence or wrongdoing, and specifies the damages sought on behalf of the estate and all eligible survivors.
Discovery and Litigation
During discovery, both sides exchange information through depositions, interrogatories, and document requests. We depose the defendants and their witnesses, retain expert witnesses to support your case, and build a compelling presentation of your claim. Throughout this process, we aggressively pursue settlement negotiations with insurance companies and defendants.
Settlement or Trial
Many wrongful death cases are resolved through negotiated settlements, allowing families to receive compensation without the stress of trial. However, if insurance companies refuse to offer fair compensation, our experienced trial attorneys are fully prepared to present your case to a Miami-Dade County jury and fight for the justice your family deserves.
Miami-Specific Wrongful Death Factors
Miami presents unique circumstances that frequently give rise to wrongful death claims. Our attorneys understand these local factors and how they impact your case.
Traffic Fatalities
Miami-Dade County consistently ranks among Florida's most dangerous areas for traffic fatalities. High-risk locations include:
- - Interstate 95 through downtown Miami
- - Interstate 395 (MacArthur Causeway)
- - US Highway 1 (Biscayne Boulevard)
- - Palmetto Expressway (SR 826)
- - Dolphin Expressway (SR 836)
- - Brickell Avenue and downtown intersections
Construction Deaths
Miami's booming construction industry brings significant workplace fatality risks. Common causes include:
- - Falls from high-rise construction sites
- - Crane and heavy equipment accidents
- - Electrocution on job sites
- - Struck-by accidents with materials
- - Trench collapses and cave-ins
- - Scaffold and ladder failures
Maritime Deaths
As a major port city and cruise capital, Miami sees numerous maritime fatalities:
- - Port of Miami workplace accidents
- - Cruise ship passenger deaths
- - Biscayne Bay boating accidents
- - Commercial fishing vessel accidents
- - Jet ski and personal watercraft fatalities
- - Drowning due to negligent supervision
These Miami-specific factors often involve complex liability issues, multiple potentially responsible parties, and specialized areas of law such as maritime law or OSHA regulations. Our Miami wrongful death attorneys have the experience and resources to handle these complex cases and pursue maximum compensation for your family.
Why You Need a Miami Wrongful Death Attorney
While you are grieving the loss of your loved one, insurance companies are already working to minimize their liability. Having an experienced wrongful death attorney on your side protects your family's rights and ensures you receive fair compensation.
What Insurance Companies Do Not Want You to Know
- Insurance adjusters are trained to settle claims for as little as possible, not to ensure you receive fair compensation.
- Early settlement offers rarely reflect the true value of your wrongful death claim.
- Anything you say to an insurance company can be used to reduce or deny your claim.
- Insurance companies have teams of attorneys and experts working against your interests.
- Complex legal deadlines and procedures can bar your claim if not followed correctly.
What Cardinal Law Provides
- Compassionate support during the most difficult time of your life, with attorneys who genuinely care about your family.
- Thorough investigation using top experts to establish liability and maximize your damages.
- Aggressive negotiation with insurance companies who know we are prepared to go to trial.
- Trial-ready representation from experienced litigators who have tried cases in Miami-Dade County courts.
- No upfront costs - we only get paid if we recover compensation for your family.
Serving Miami-Dade County Communities
Our Miami wrongful death attorneys represent grieving families throughout Miami-Dade County and the surrounding areas.
Brickell
Downtown Miami
Coral Gables
Coconut Grove
Little Havana
Hialeah
Miami Beach
Key Biscayne
Kendall
Doral
Aventura
North Miami
Homestead
Miami Gardens
Pinecrest
Miami Shores
South Beach
Wynwood
Design District
Edgewater
Do not see your community listed? We represent families throughout Miami-Dade County and can meet with you at our Brickell office or at a location convenient to you.
Frequently Asked Questions About Miami Wrongful Death Claims
We understand you have many questions during this difficult time. Here are answers to some of the most common questions we receive from Miami families.
Who can file a wrongful death lawsuit in Miami, Florida?
Under Florida Statute 768.20, only the personal representative of the deceased person's estate can file a wrongful death lawsuit in Miami. However, the lawsuit is filed on behalf of eligible survivors, including the surviving spouse, minor children, adult children (if there is no surviving spouse), parents (if there are no surviving spouse or children), and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services. Our Miami wrongful death lawyers can help establish the estate and identify all eligible survivors.
How long do I have to file a wrongful death claim in Miami?
Florida's statute of limitations for wrongful death claims is 2 years from the date of death. This deadline is strictly enforced, and failing to file within this timeframe typically bars your claim forever. However, there are exceptions in cases involving medical malpractice (which has specific notice requirements) or deaths caused by government entities. Given the complexity of wrongful death cases and the investigation required, we strongly recommend contacting a Miami wrongful death attorney as soon as possible after your loss.
What damages can survivors recover in a Miami wrongful death case?
Survivors in Miami wrongful death cases can recover multiple types of damages. The estate can recover the deceased's lost earnings from the date of death to the date of trial, medical expenses incurred before death, and funeral and burial costs. Individual survivors can recover loss of support and services, loss of companionship, protection, and guidance, mental pain and suffering of survivors, and loss of parental guidance for minor children. In cases involving gross negligence or intentional wrongdoing, punitive damages may also be available.
What is the role of a personal representative in a Miami wrongful death case?
The personal representative is the only person authorized by Florida law to file a wrongful death lawsuit. If the deceased had a will, it typically names the personal representative (executor). If there was no will, the probate court will appoint one, usually a surviving spouse or adult child. The personal representative files the lawsuit on behalf of the estate and all eligible survivors, though they may or may not be a survivor themselves. Our Miami wrongful death attorneys can assist with the probate process and personal representative appointment if needed.
How much does a Miami wrongful death lawyer cost?
Cardinal Law handles all Miami wrongful death cases on a contingency fee basis, meaning you pay absolutely nothing unless we recover compensation for your family. Our fee is a percentage of the recovery (typically 33.33% before trial, 40% if trial is necessary). We advance all case costs including expert witness fees, court filing fees, investigation costs, and deposition expenses. This allows grieving families to access top-tier legal representation without any financial burden during an already difficult time.
Can I file a wrongful death claim if my loved one died in a boating accident in Miami?
Yes, but boating accident deaths in Miami waters may involve federal maritime law in addition to Florida's Wrongful Death Act. Deaths occurring in navigable waters like Biscayne Bay, the Intracoastal Waterway, or the Atlantic Ocean may fall under the Death on the High Seas Act (DOHSA) or the Jones Act depending on the circumstances. These cases require an attorney experienced in both Florida wrongful death law and federal maritime law. Cardinal Law has handled numerous maritime death cases in the Miami area and understands the complex jurisdictional issues involved.
Let Us Help Your Family Find Justice
Losing a loved one is devastating. When that loss was caused by someone else's negligence, you deserve compassionate legal representation that fights for accountability and fair compensation. Our Miami wrongful death attorneys are here to carry the legal burden so you can focus on healing.
No Fees Unless We Win | Available 24/7 for Emergencies | Se Habla Espanol
848 Brickell Avenue, Suite PH5, Miami, FL 33131
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Visit Our Florida Offices
Cardinal Law has offices throughout Florida to serve you better. Our main office is in Naples, with additional locations by appointment.
Naples Office
Main Office9045 Strada Stell Court
Suite 305
Naples, FL 34109
Orlando Office
200 E Robinson Street
Suite 1120
Orlando, FL 32801
Tampa Office
401 East Jackson Street
Suite 2340
Tampa, FL 33602
Miami Office
848 Brickell Avenue
Suite PH5
Miami, FL 33131
Fort Myers Office
5237 Summerlin Commons Blvd
Suite 511
Fort Myers, FL 33907
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