Wrongful Death Attorney
Miami Wrongful Death Attorney
Losing a loved one due to another person's negligence is devastating. Our compassionate and aggressive attorneys help families obtain justice and the financial stability they need to move forward. We are here for you during this difficult time.
Featured Result: $4,500,000 — Family who lost father in I-95 truck accident
Results vary. Every case is different.
The Florida Wrongful Death Act
The Florida Wrongful Death Act, codified in Florida Statutes 768.16 through 768.26, establishes the legal framework for families to seek compensation when a loved one dies due to another person's or entity's negligence, recklessness, or intentional act.
This law recognizes that a person's death causes enormous harm to survivors, not only emotional but also financial. The purpose of a wrongful death lawsuit is to compensate survivors for the losses they have suffered and will continue to suffer.
Who Can File the Lawsuit
Only the personal representative of the deceased's estate can initiate the lawsuit. If the deceased had a will, the personal representative named in the will files the action. If there is no will, the court appoints one. The personal representative files on behalf of:
- Surviving spouse: May recover for loss of companionship, protection, support, and services.
- Minor children: May recover for loss of parental guidance, instruction, and companionship.
- Adult children: If there is no spouse, may recover for emotional pain and suffering.
- Parents: If the deceased was a minor, parents may recover for emotional pain and suffering.
- Dependents: Any family member who was financially dependent on the deceased.
Types of Recoverable Damages
- Loss of financial support: The income and benefits the deceased would have provided to the family.
- Loss of companionship and protection: The value of the personal relationship, guidance, and care.
- Emotional pain and suffering: The mental anguish of the survivors.
- Funeral and burial expenses: All reasonable costs related to the funeral.
- Medical expenses: Medical bills incurred before death.
- Decedent's pain: If the deceased suffered pain and suffering before dying, those damages are recoverable.
What To Do After Losing a Loved One to Negligence
- Take time to grieve. We understand this is the most difficult time of your life. There is no immediate rush, but be aware of legal deadlines.
- Preserve all documentation. Keep all medical records, police reports, death certificate, funeral receipts, and any insurance correspondence.
- Do not speak with insurance companies. Insurance companies will try to obtain statements that minimize your claim. Refer all communications to your attorney.
- Identify the personal representative. Determine who is named in the will or consult with an attorney to have the court appoint one.
- Contact a wrongful death attorney. An attorney can investigate the cause of death, identify all responsible parties, and calculate the total compensation for your family.
Why Your Family Needs an Attorney
Wrongful death cases involve the most complex and highest-value claims in personal injury law. Insurance companies and defense attorneys mobilize quickly to minimize your claim, sometimes even destroying evidence.
An experienced wrongful death attorney can protect your family's rights by preserving critical evidence, hiring accident investigators and economic experts to calculate future financial losses, negotiating with multiple insurers, and if necessary, taking your case to trial.
At Get Justice Miami, we treat every family as if they were our own. We charge no fees unless we obtain a recovery for your family. Our bilingual team is available 24 hours a day, 7 days a week to help you during this difficult time.
Florida Statute of Limitations
Florida has a 2-year statute of limitations for wrongful death lawsuits, counted from the date of death, not from the date of the incident that caused the death. If the death was caused by medical malpractice, the deadline may be different. It is essential to consult with an attorney as soon as possible so you do not lose your legal rights.
Frequently Asked Questions About Wrongful Death
Under the Florida Wrongful Death Act (768.16-768.26), only the personal representative of the deceased's estate can file the lawsuit. However, beneficiaries include the surviving spouse, children (minor and adult), parents, and any dependent family members. The personal representative acts on behalf of all survivors.
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