Losing a loved one due to someone else’s negligence is devastating. Beyond the emotional trauma, families face overwhelming financial burdens and complex legal questions. If your family member died because of another party’s wrongful actions in Miami, Florida law provides a path to justice and compensation through a wrongful death lawsuit. Consulting a wrongful death lawyer Miami can help navigate this process.
At CHG Lawyers, our Miami wrongful death attorneys have recovered millions for grieving families throughout Miami-Dade County. With many years of experience handling fatal accident claims, we understand the unique challenges families face during this difficult time and fight tirelessly to secure maximum compensation while you focus on healing. If you need assistance, a wrongful death lawyer Miami can provide the support you need.
Understanding Wrongful Death Claims in Miami-Dade County
A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional misconduct. Under Florida Statutes 768.19, families have the legal right to pursue compensation when their loved one’s death was preventable and caused by someone else’s actions.
What Constitutes Wrongful Death Under Florida Law?
Florida’s wrongful death statute creates a cause of action when death results from negligence, breach of contract, or breach of warranty that would have entitled the deceased to recover damages if they had survived.
Engaging a wrongful death lawyer Miami can significantly impact the success of your claim.
Common wrongful death scenarios in Miami include:
Fatal traffic accidents represent the leading cause of wrongful death claims in Miami-Dade County, with over 350 traffic fatalities annually according to the Florida Department of Highway Safety and Motor Vehicles. These accidents often involve drunk drivers, distracted driving, speeding, and aggressive motorists on dangerous roadways like I-95, the Palmetto Expressway, and US-1.
Medical malpractice deaths occur when healthcare providers fail to meet acceptable standards of care, resulting in preventable fatalities. With major facilities like Jackson Memorial Hospital, Baptist Health, and Mount Sinai Medical Center, Miami sees significant medical malpractice wrongful death cases involving surgical errors, misdiagnosis, medication mistakes, and birth injuries.
Premises liability fatalities happen when dangerous property conditions lead to death, including inadequate security resulting in violent crime, slip and fall accidents, swimming pool drownings, and negligent maintenance at hotels, restaurants, or commercial properties.
Other common wrongful death causes include construction accidents, nursing home abuse and neglect, defective products, boating accidents in Miami’s extensive waterways, and workplace fatalities.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law strictly controls who may file wrongful death claims. Under 768.20, only the personal representative of the deceased person’s estate can file the lawsuit, though they file on behalf of qualifying survivors.
The personal representative is typically named in the deceased’s will or appointed by the probate court. They have a fiduciary duty to pursue the claim for all eligible survivors, including:
- Surviving spouse – entitled to loss of companionship, support, services, and mental pain and suffering
- Minor children – can recover for lost parental companionship, instruction, guidance, and mental pain and suffering
- Adult children (if no spouse exists) – may recover for mental pain and suffering
- Parents of minor children or adult children with no other survivors
- Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased
If you’re unsure whether you qualify as a survivor, our Miami wrongful death attorneys can evaluate your relationship and determine your eligibility during a free consultation.
Damages You Can Recover in a Miami Wrongful Death Case
Florida law allows recovery of both economic and non-economic damages in wrongful death cases. The compensation available depends on the circumstances of death, the deceased’s age and earning capacity, and the number of dependents.
Economic Damages
Medical expenses incurred from the injury until death can be recovered through a survival action component of the claim. For catastrophic injuries like traumatic brain injuries or spinal cord injuries, these costs often exceed $500,000.
Funeral and burial expenses typically range from $7,000 to $15,000 in Miami-Dade County and are fully recoverable in wrongful death claims.
Lost wages and future earnings represent often the largest component of economic damages. Expert economists calculate the deceased’s projected lifetime earnings based on their age, education, career trajectory, and work-life expectancy. For young professionals, these damages can exceed $3-5 million.
Loss of support and services compensates survivors for the value of services the deceased would have provided, including household maintenance, childcare, financial management, and other contributions to the family unit.
Non-Economic Damages
Mental pain and suffering of survivors addresses the emotional trauma of losing a loved one. Surviving spouses and parents of deceased minor children can recover for their grief, anguish, and emotional distress.
Loss of companionship and consortium compensates for the destruction of the family relationship, including loss of love, affection, guidance, and the deceased’s presence in important life milestones.
Loss of parental guidance specifically applies to minor children who lose a parent, recognizing the irreplaceable value of parental instruction, care, and guidance throughout childhood and into adulthood.
According to recent Miami-Dade County settlement data, wrongful death cases settle for amounts ranging from $500,000 to over $10 million depending on case-specific factors. Our firm has secured multiple seven-figure settlements for families who lost loved ones to preventable accidents.
Punitive Damages in Gross Negligence Cases
When death results from intentional misconduct or gross negligence, Florida law allows punitive damages under 768.73. These damages punish egregious behavior and deter similar conduct. Examples include drunk driving fatalities, nursing home abuse with willful neglect, and cases where defendants knew their actions created extreme danger.
Florida Wrongful Death Statute of Limitations
Time is critical in wrongful death cases. Florida Statutes 95.11(4)(d) establishes a two-year statute of limitations from the date of death. This means you must file your lawsuit within two years or permanently lose your right to compensation.
The Wrongful Death Lawsuit Process in Miami
Understanding what to expect helps families navigate this difficult legal journey. While every case is unique, most wrongful death lawsuits follow this general timeline:
Initial consultation and case evaluation (1-2 weeks) – Attorneys review the circumstances of death, gather preliminary evidence, and assess the viability and value of your claim. We explain your rights, answer questions, and outline the legal process ahead.
Investigation and evidence gathering (1-3 months) – Attorneys conduct comprehensive investigations including reviewing police reports and accident reconstruction, obtaining medical records and autopsy reports, interviewing witnesses, consulting expert witnesses, and documenting all economic damages.
Filing the complaint (1-2 months) – The personal representative files a formal complaint in Miami-Dade Circuit Court, initiating the lawsuit. Defendants are served with legal papers and have 20 days to respond.
Discovery phase (6-12 months) – Both sides exchange information through interrogatories (written questions), depositions (sworn testimony), requests for documents, and expert witness disclosures. This phase builds the evidentiary foundation for settlement or trial.
Mediation and settlement negotiations (2-4 months) – Approximately 90% of wrongful death cases settle before trial. Florida courts often require mediation where a neutral mediator facilitates settlement discussions. Attorneys negotiate aggressively to secure fair compensation without unnecessary trial delays.
Trial (1-2 weeks, if necessary) – If settlement isn’t possible, attorneys present the case to a Miami-Dade County jury. They present evidence, examine witnesses, and argue for maximum damages. Verdicts can be appealed, potentially extending the timeline.
Most wrongful death cases resolve in 18-36 months from filing to conclusion, though complex cases involving multiple defendants or disputed liability may take longer.
Why Choose CHG Lawyers for Your Miami Wrongful Death Case
Selecting the right attorney significantly impacts your case outcome. Our firm offers families several distinct advantages:
Wrongful death experience – We’ve handled several of fatal accident cases in Miami-Dade County, understanding local courts, judges, and opposing counsel strategies.
Proven track record – Our attorneys have recovered millions in compensation for grieving families, including multiple seven-figure settlements and verdicts.
Personalized attention – Unlike high-volume firms, we limit our caseload to provide individualized attention to each family. You’ll work directly with experienced attorneys, not paralegals or case managers.
No fees unless we win – We work on contingency, meaning no upfront costs and no attorney fees unless we recover compensation for your family. This ensures access to top-tier legal representation regardless of financial circumstances.
Bilingual Spanish-speaking team – With Miami’s diverse population, we serve English and Spanish-speaking clients with fully bilingual legal services, ensuring clear communication throughout the legal process.
Comprehensive resources – We advance all case expenses including expert witness fees, court costs, investigation expenses, and medical record retrieval. You pay nothing out of pocket. Our firm also handles related personal injury cases including catastrophic injuries, car accidents, and premises liability claims, providing comprehensive legal services when families face multiple claims after a tragic incident.
Frequently Asked Questions About Miami Wrongful Death Claims
How much compensation can you get from a wrongful death lawsuit in Florida?
Wrongful death compensation in Florida varies significantly based on case circumstances, ranging from $500,000 to over $10 million for catastrophic cases. Recoverable damages include medical expenses incurred before death (often $50,000-$500,000+), funeral and burial costs ($7,000-$15,000 average), lost wages and future earnings calculated using the deceased’s age, income, and career trajectory, and loss of support and services.
Non-economic damages include the survivor’s mental pain and suffering, loss of companionship, and loss of parental guidance for children. According to 2024-2025 Miami-Dade County data, the median wrongful death settlement is approximately $1.2 million. Each case’s value depends on the deceased’s age, earning capacity, number of dependents, and severity of negligence involved.
What is the statute of limitations for wrongful death in Florida in 2026?
In Florida, the statute of limitations for wrongful death claims remains two years from the date of death. This deadline applies in 2026 and means families must file their wrongful death lawsuit within two years or permanently lose their right to seek compensation. Missing this deadline typically results in case dismissal, which is why immediate consultation with a Miami wrongful death attorney is critical.
Can you sue for wrongful death after a car accident in Florida?
Yes, you absolutely can file a wrongful death lawsuit after a fatal car accident in Florida when another driver’s negligence caused the death. Car accidents are one of the most common causes of wrongful death claims in Miami-Dade County, with over 350 traffic fatalities annually. To successfully pursue a car accident wrongful death claim, you must prove the other driver owed a duty of care, they breached that duty through negligent behavior such as speeding, DUI, distracted driving, or reckless driving, their breach directly caused the fatal accident, and your family suffered damages as a result.
Florida’s comparative negligence law means that even if your loved one was partially at fault, you can still recover damages reduced by their percentage of fault. Important considerations include Florida’s mandatory PIP insurance which covers only $10,000, UM/UIM coverage if the at-fault driver was uninsured, and potential third-party liability such as employers for commercial vehicles or bars in DUI cases.
Do you need a lawyer for a wrongful death claim in Florida?
While Florida law doesn’t require you to hire a wrongful death attorney, attempting to handle these complex cases without experienced legal representation is strongly inadvisable and almost always results in significantly reduced compensation. You need a wrongful death lawyer because Florida wrongful death statutes involve intricate procedural requirements that most non-lawyers cannot navigate, proving negligence requires extensive legal knowledge and expert witness coordination, insurance companies employ experienced attorneys trained to minimize payouts, and accurate damage valuation requires economic experts to calculate lost lifetime earnings and complex financial losses.
Wrongful death lawyers work on contingency (typically 33-40%), meaning no upfront costs and no fees unless you win. Statistical evidence shows represented claimants recover 3-4 times more compensation than unrepresented individuals. Given that wrongful death cases often involve claims worth millions of dollars, the attorney’s percentage fee is dramatically offset by the substantially higher recovery they achieve.
What happens if the person who caused the death has no insurance in Florida?
When the at-fault party lacks insurance or has insufficient coverage, Florida families still have several options for recovering wrongful death compensation. If the death resulted from a car accident, the deceased’s own Uninsured/Underinsured Motorist coverage may provide protection up to the policy limits, often $100,000-$1,000,000. You can also sue the responsible party directly and pursue their personal assets including real estate, bank accounts, and future wages through judgment liens.
Additionally, identify other potentially responsible parties such as employers if death occurred during employment, property owners in premises liability cases, product manufacturers in defective product cases, and dram shops in alcohol-related fatalities. Florida’s Bureau of Victim Compensation provides up to $25,000 for funeral expenses when death results from violent crime. An experienced Miami wrongful death attorney will conduct comprehensive asset investigations, identify all potential defendants and insurance policies, and pursue creative legal theories to establish liability against solvent defendants.
Contact Our Miami Wrongful Death Lawyers Today
If you lost a loved one due to someone else’s negligence in Miami-Dade County, you don’t have to face this difficult time alone. CHG Lawyers provides compassionate, aggressive representation to help families secure justice and financial compensation after preventable deaths.
We offer free, confidential consultations with no obligation. During your consultation, we’ll review your case, explain your legal options, and answer all your questions about the wrongful death claims process. Our team is available 24/7 because we understand that grief and legal questions don’t follow business hours.
Call us today at (305) 501-8021 or complete our online contact form to schedule your free case evaluation. We serve clients throughout Miami-Dade County including Coral Gables, Miami Beach, Kendall, Hialeah, and surrounding communities.
Remember: You pay nothing unless we win your case. Let our experienced wrongful death attorneys fight for the justice and compensation your family deserves while you focus on healing.
We Serve All of South Florida:
- Downtown Miami
- Coral Gables
- Aventura
- Kendall
- Homestead
- Hialeah
- Doral
- Pinecrest
Don’t let insurance companies take advantage of you during this difficult time. Call Cornish Hernandez Gonzalez today. Your recovery starts with a phone call.
Hablamos español.
Remember: You have limited time to protect your rights. Don’t wait – call today.
Call (305) 745-7035 now for a free, no-obligation consultation.
This article is provided for informational purposes and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. For personalized legal guidance on your accident injury claim, consult with a qualified personal injury attorney in your jurisdiction.
