Wrongful death occurs when a person suffers a fatal injury due another person or party’s negligence and reckless action. The surviving members suffer a devastating loss of financial and emotional support, and endure emotional trauma.
If you have you are experiencing back pain, reach out to our Miami wrongful death accident attorney today. Call (305) 444-4407 for a FREE consultation!
Table of Contents
An experienced wrongful death attorney can help surviving family members recover wrongful death damages, easing the financial burden caused by the loss of a loved one. You deserve the maximum compensation available to cover expenses and protect your future.
Call AccidentLawFirm.com at (786) 882-2038 to schedule a free consultation with a South Florida wrongful death law firm.
Real Experience Handling Florida Wrongful Death Cases
At AccidentLawFirm.com, we have direct, hands-on experience representing families throughout South Florida who have lost loved ones due to preventable accidents. Our attorneys have handled wrongful death cases involving car accidents, truck crashes, premises liability, pedestrian fatalities, and other negligence-based incidents.
We understand that wrongful death cases are not just legal matters. Families are often dealing with grief, uncertainty, and immediate financial pressure. Our experience allows us to act quickly to preserve evidence, deal with insurance companies, and pursue full compensation under Florida law.
Florida Wrongful Death Law Explained by Experienced Attorneys
Under the Florida Wrongful Death Act, the decedent’s personal representative may recover damages on behalf of the estate and surviving family members. These damages may include:
- Medical bills
- Funeral and burial expenses
- Lost support and services
- Loss of parental companionship for the children of the deceased
- Loss of companionship for the spouse of the deceased
- Physical and emotional pain and suffering
Who Can Sue for Wrongful Death in Florida?
In Florida, only the personal representative of the deceased’s estate can file a wrongful death claim. If the deceased named a personal representative in their will, the process is typically faster. Otherwise, the court appoints one.
Although many family members may feel justified anger over the loss, compensation is generally distributed to survivors who were financially or emotionally dependent on the decedent. An attorney must identify all eligible survivors, which may include:
- Spouse
- Children
- Parents
- Children of unmarried parents
- Siblings
- In some cases, grandparents
The decedent’s age, marital status, and family structure affect who may recover damages. In most cases, the surviving spouse has priority. If the decedent was unmarried, the next eligible family member may pursue the claim. For unmarried minors, parents usually file unless another legal guardian applies.
Damages in a Wrongful Death Lawsuit
AccidentLawFirm.com handles wrongful death lawsuits arising from many types of personal injury cases. Families may recover economic damages, including funeral expenses, medical bills, and lost income.
Lost income often represents the largest portion of damages and may include:
- Wages
- Bonuses and commissions
- Retirement benefits
- Pensions
- Health insurance and employment benefits
Families may also recover non-economic damages, such as mental pain and suffering, loss of companionship, and loss of parental guidance. These damages are harder to calculate, but they are a critical part of wrongful death compensation.
How Long Does a Wrongful Death Lawsuit Take in Florida?
A wrongful death lawsuit typically takes one to three years, depending on complexity, liability disputes, and whether the case settles or goes to trial.
Providing documentation early helps move your case forward. Bring any records you have to your consultation and forward additional documents as they become available.
Probate Process
Whether or not the deceased had a will, Florida law requires that the decedent’s assets go through probate. The court supervises asset identification, debt payment, and distribution to beneficiaries.
Having a will generally speeds up the process. Unfortunately, many wrongful death cases involve individuals who did not anticipate their untimely passing and left no estate plan.
Discovery
As the plaintiff, you must prove that the defendant was at least 50% at fault for the incident that caused the death.
During discovery, your attorney gathers evidence to establish negligence, including proof that the defendant owed a duty of care and breached that duty. Examples include speeding, drunk driving, distracted driving, and reckless conduct.
Evidence commonly includes:
- Eyewitness testimony
- Expert witnesses
- Medical records
- Police reports
- Traffic and surveillance footage
- Photos and videos from the accident scene
Throughout this phase, AccidentLawFirm.com keeps you informed and guides you through every step.
If Your Wrongful Death Case Goes to Trial
If settlement negotiations fail, the case proceeds to trial where a judge or jury decides liability and damages. While attorneys prepare every case for trial, prolonged litigation must be balanced against the family’s immediate financial needs.
What Is Considered a Wrongful Death in Florida?
A wrongful death occurs when someone dies due to negligence, recklessness, or misconduct. Common causes include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Slip and falls
- Premises liability incidents
Wrongful death cases are civil matters, separate from criminal proceedings. Even if criminal charges are filed, a civil wrongful death claim may proceed independently.
Elements of a Wrongful Death Suit
To succeed, your wrongful death attorney must prove:
- The death resulted from negligence
- The defendant owed and breached a duty of care
- The breach caused the fatal incident
- The family suffered measurable losses
The defendant may be an individual, company, or government entity.
Wrongful Death vs. Personal Injury Claims in Florida
| Category | Wrongful Death Claim | Personal Injury Claim |
| Who files | Personal representative | Injured individual |
| When it applies | The victim passed away | The victim survived |
| Purpose | Compensate surviving family | Compensate injured person |
| Damages | Funeral costs, lost support, emotional losses | Medical bills, lost wages |
Frequently Asked Questions About Wrongful Death in Florida
What qualifies as a wrongful death in Florida?
A death caused by negligence, recklessness, or misconduct that would have supported a personal injury claim if the victim had survived.
Who receives the compensation?
Eligible survivors and the estate, depending on dependency and relationship.
Do wrongful death cases always go to court?
No. Many cases resolve through settlement.
Is there a deadline to file?
Yes. Generally two years from the date of death.
Should I trust online legal information?
General information is helpful, but only a Florida wrongful death attorney can provide case-specific legal advice.
Contact a Miami Wrongful Death Attorney Today
Meeting with a wrongful death lawyer early protects your rights and preserves evidence. AccidentLawFirm.com is a personal injury law firm based in Miami serving families across Florida.
- Free consultation
- No upfront fees
- Confidential and compassionate representation
Call (786) 882-2038 today to speak with a Miami wrongful death attorney.
