Miami Wrongful Death Lawyer: What You Need to Know When Tragedy Strikes

Under the Florida Wrongful Death Act (Fla. Stat. §768.16–768.26), surviving family members have the right to pursue compensation when a loved one’s death is caused by negligence, default, or wrongful conduct. Legal experts emphasize that Florida’s statute of limitations is only two years from the date of death, one of the shortest timelines for personal injury claims in the state. This makes it critical for families to act quickly, both to preserve evidence and to ensure their right to hold negligent parties accountable.

There are few events in life more shattering than losing a loved one suddenly because someone else was negligent. We’ve stood beside many families in Miami who faced this terrible reality and helped them seek answers, accountability, and financial relief through legal action. At Sue Miami Law Group, we don’t just handle wrongful death claims—we commit to guiding grieving families with strength, compassion, and clear legal expertise.

If you’re here, chances are you or someone close to you is dealing with profound loss. You’re searching for answers, and maybe even justice. We’re here to help with both.

What Is Considered a Wrongful Death in Florida?

Under the Florida Wrongful Death Act (Florida Statutes § 768.16–768.26), a wrongful death is the result of a wrongful act, negligence, default, or breach of contract or warranty by any person. In simpler terms: if your loved one would have had cause to sue for personal injury had they survived, then certain surviving family members may pursue a wrongful death action.

Common Causes of Wrongful Death Cases in Miami

  • Car, truck, or motorcycle accidents
  • Pedestrian fatalities
  • Medical malpractice
  • Construction and workplace accidents
  • Defective products or dangerous drugs
  • Drowning or boating accidents
  • Nursing home abuse or neglect

Our team has handled cases across these areas, and we understand the complexities and emotional weight involved in each one.

Who Can File a Wrongful Death Lawsuit in Florida?

Only certain individuals may legally file and benefit from a wrongful death action in Florida. The law gives priority to specific surviving family members, and the lawsuit itself must be filed by the personal representative (often the executor) of the deceased’s estate.

  • Spouse of the deceased
  • Children (including adopted or dependent children)
  • Parents (especially in the case of minor children)
  • Blood relatives or adoptive siblings who were at least partially dependent on the deceased

What Damages Can You Recover in a Miami Wrongful Death Case?

While no amount of compensation can make up for the loss of a loved one, financial recovery can ease burdens and hold parties accountable. Damages may include:

Economic Damages

  • Funeral and burial expenses
  • Medical costs incurred before death
  • Loss of financial support (income, benefits, savings)
  • Loss of services the deceased provided (childcare, caregiving, etc.)

Non-Economic Damages

  • Pain and suffering of surviving family members
  • Loss of companionship and protection
  • Loss of parental guidance, instruction, and nurturing

In select cases, punitive damages may be pursued, especially where gross misconduct is involved (e.g., DUI deaths, abuse cases).

Understanding the Legal Process: What to Expect

  1. Initial Consultation: We listen to your story, review facts, and determine if your case qualifies under the Florida Wrongful Death Act.
  2. Investigation: We collect evidence, interview witnesses, and review medical and police records.
  3. Establish Liability: We identify responsible parties and determine whether multiple defendants are involved.
  4. File a Claim: As the estate’s representative, you file the lawsuit in civil court.
  5. Negotiation or Trial: We aim to settle when fair, but we’re trial lawyers first and will go to court if needed.

How Long Do I Have to File a Wrongful Death Claim in Miami?

Florida law provides two years from the date of death to file a wrongful death lawsuit. Because the statute of limitations is strict and exceptions are rare, speaking with a lawyer as soon as possible allows us to preserve evidence and protect your rights.

What to Do If You Suspect a Wrongful Death

  • Preserve all medical or accident-related records
  • Collect photos or video evidence, if available
  • Write down what you remember while it’s fresh
  • Speak with witnesses
  • Contact an experienced Miami wrongful death attorney

Your Family Deserves Answers and Accountability

Wrongful death lawsuits serve a purpose beyond the courtroom: they can bring peace of mind, closure, and validation to families facing trauma. Our role is to ensure negligent parties face consequences and that your family receives the support it deserves. We offer free consultations and no legal fees unless we win your case.

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