The sudden loss of a loved one is one of the most painful experiences any family can face. When that loss occurs because of another party’s negligence or wrongful actions, the grief is often compounded by anger, confusion, and uncertainty.
For families in Doral, Florida, wrongful death claims provide a legal avenue to seek justice and financial compensation for the devastating consequences of someone else’s actions. However, navigating this process is rarely simple.
From understanding Florida’s wrongful death statutes to determining who can file a claim and how damages are calculated, there are multiple factors to consider. This comprehensive guide explains everything you need to know, providing clarity and insight during this challenging time.
1. What Is Wrongful Death Under Florida Law
Florida law defines wrongful death under Florida Statutes §768.19 as a death caused by another person or entity’s wrongful act, negligence, default, or breach of contract. In these cases, surviving family members may pursue compensation through a civil lawsuit.
Common causes of wrongful death in Doral include:
- Car accidents involving distracted, speeding, or impaired drivers
- Medical malpractice, such as surgical errors or delayed diagnoses
- Workplace accidents, especially in construction and manufacturing
- Defective products causing fatal injuries
- Nursing home neglect or abuse leading to preventable deaths
- Premises liability accidents, including unsafe property conditions
- Criminal acts, where the responsible party can face both civil and criminal consequences
Each case is unique and requires a detailed investigation to establish fault and liability.
2. Who Can File a Wrongful Death Claim
Not everyone affected by the loss can file a wrongful death claim. In Florida, the law specifies that the personal representative of the deceased person’s estate must initiate the lawsuit.
This representative may be designated in the deceased’s will or appointed by the court. The lawsuit is filed on behalf of all eligible beneficiaries, which may include:
- The surviving spouse
- Children, both minor and adult
- Parents of the deceased
- Other relatives or dependents who relied on the deceased financially
Because multiple beneficiaries may be entitled to compensation, having legal representation ensures fairness and proper distribution of damages.
3. Understanding the Types of Compensation Available
Compensation in wrongful death cases—referred to as damages—typically falls into three main categories: economic, non-economic, and punitive damages.
a) Economic Damages
Economic damages represent the financial impact of losing a loved one. These are typically easier to calculate and may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s expected income and future earnings
- Loss of benefits, such as pensions, health insurance, and retirement funds
- Loss of services the deceased provided, like childcare, household support, or elder care
For example, if the deceased was the primary wage earner, economic damages would include projected lifetime earnings, adjusted for inflation and career growth.
b) Non-Economic Damages
Non-economic damages address the emotional and psychological toll the loss has on surviving family members. These may include:
- Loss of companionship, love, and emotional support
- Mental anguish and grief experienced by surviving family members
- Loss of parental guidance and nurturing for children
- Pain and suffering endured by the deceased before death
These damages are harder to measure but often make up a substantial portion of wrongful death settlements and verdicts.
c) Punitive Damages
In cases where wrongful death results from gross negligence or intentional misconduct, the court may award punitive damages. Unlike other forms of compensation, punitive damages are designed to punish the at-fault party and discourage similar behavior in the future.
4. How Wrongful Death Compensation Is Calculated
Determining the value of a wrongful death claim involves evaluating multiple factors, such as:
- The deceased’s age and overall health at the time of death
- Their education, career, and earning potential
- The relationship between the deceased and their beneficiaries
- The financial dependency of surviving family members
- The degree of negligence or misconduct involved
- Available insurance coverage and assets from the responsible party
Attorneys often collaborate with economic experts, medical professionals, and accident reconstruction specialists to accurately calculate both tangible and intangible losses.
5. The Statute of Limitations in Florida
Florida imposes a strict deadline for filing wrongful death claims. Under Florida Statutes §95.11(4)(d), families generally have two years from the date of death to file a lawsuit.
However, there are exceptions:
- In cases involving medical malpractice, unique deadlines may apply.
- If the responsible party concealed evidence or committed fraud, the court may extend the filing period.
- In certain wrongful death claims involving government entities, shorter timeframes may apply.
Missing this deadline can result in losing your right to seek compensation.
6. Why Hiring an Attorney Is Essential
Wrongful death cases are highly complex, often involving disputes over liability, insurance negotiations, and detailed financial assessments. Attempting to handle a claim without legal representation can reduce your chances of securing fair compensation.
An experienced attorney can:
- Investigate the incident and determine liability
- Collect critical evidence, including reports, witness statements, and expert testimony
- Calculate damages accurately using professional evaluations
- Negotiate aggressively with insurance companies
- Represent you in court if the case goes to trial
A skilled legal team ensures your rights are protected while maximizing your potential recovery.
7. Steps to Take After a Wrongful Death
If your family has experienced a wrongful death in Doral, here are essential steps to protect your claim:
- Obtain medical records, accident reports, and other relevant documents.
- Collect evidence, including photographs, video footage, or witness statements.
- Keep detailed records of expenses related to the death, such as funeral costs and medical bills.
- Avoid speaking to insurance adjusters without legal guidance.
- Contact an experienced wrongful death attorney immediately to review your options.
Taking prompt action helps preserve evidence, protect your rights, and strengthen your case.
8. How DLE Lawyers Can Help You
At DLE Lawyers, we understand the emotional and financial toll wrongful death places on families. Our legal team provides compassionate guidance while aggressively pursuing justice on your behalf.
We work on a contingency fee basis—you pay nothing unless we win your case. Our attorneys have extensive experience handling wrongful death claims throughout Doral and Miami-Dade County and are committed to securing the maximum compensation possible for our clients.
Losing a loved one is devastating, but you don’t have to navigate this difficult time alone. Understanding your rights and pursuing a wrongful death claim can help your family achieve financial stability and hold the responsible parties accountable.
If your loved one’s death was caused by negligence, medical malpractice, or other wrongful actions, contact DLE Lawyers today to schedule a free consultation. Our dedicated attorneys will guide you through the legal process and fight for the justice your family deserve.