Losing a loved one is one of the most devastating experiences anyone can face—especially when the death was caused by someone else’s negligence. For families in Miami Lakes, wrongful death cases offer a path to justice and financial recovery, but they also require navigating complex legal processes during an incredibly emotional time.
If you’ve lost a family member due to an accident or misconduct, understanding how wrongful death lawsuits in Miami Lakes work is essential. This guide explains Florida’s wrongful death laws, who can file a claim, the types of compensation available, and how to protect your family’s rights.
What Is Wrongful Death?
A wrongful death occurs when someone dies because of another party’s negligence, recklessness, or intentional actions. In Florida, wrongful death claims are governed by the Florida Wrongful Death Act (F.S. 768.16-768.26).
Some common causes of wrongful death include:
- Car accidents caused by reckless or drunk drivers
- Truck and commercial vehicle collisions
- Medical malpractice, including misdiagnosis or surgical errors
- Defective products such as faulty machinery or auto parts
- Workplace accidents, especially in construction or industrial jobs
- Criminal acts like assault or violent crimes
The purpose of a wrongful death claim is to hold the at-fault party accountable and provide compensation to surviving family members for their emotional and financial losses.
Who Can File a Wrongful Death Lawsuit in Miami Lakes?
Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative is often named in the decedent’s will or appointed by the court if no will exists.
The personal representative files the claim on behalf of the surviving family members, which may include:
- Spouse
- Children (minor and sometimes adult, depending on the circumstances)
- Parents
- Other dependent relatives
The lawsuit will specify which family members are entitled to receive compensation and in what capacity.
Florida’s Statute of Limitations for Wrongful Death
Time is critical in wrongful death cases. In Florida:
- Families have two years from the date of death to file a wrongful death claim in most cases.
- In rare situations (such as homicide cases where the cause of death is discovered later), the statute of limitations may be extended.
Failing to file within this time frame can result in losing your right to compensation, so prompt legal action is essential.
Proving Wrongful Death
To succeed in a wrongful death claim in Miami Lakes, you must prove:
- Duty of care – The defendant owed the deceased a duty of care (e.g., drivers must operate vehicles safely, doctors must provide standard medical care).
- Breach of duty – The defendant acted negligently or wrongfully, violating that duty.
- Causation – The breach of duty directly caused the death.
- Damages – The surviving family members suffered measurable financial or emotional losses.
Evidence can include police reports, medical records, witness statements, expert testimony, and surveillance footage.
Types of Compensation in Wrongful Death Cases
Florida law allows families to pursue compensation for both economic and non-economic damages, which may include:
1. Economic Damages
- Medical expenses related to the final illness or injury
- Funeral and burial costs
- Loss of the deceased’s income and future earning capacity
- Loss of benefits (such as health insurance or retirement contributions)
2. Non-Economic Damages
- Pain and suffering of surviving family members
- Loss of companionship, guidance, and emotional support
- Mental anguish caused by the unexpected death
3. Punitive Damages
In cases of gross negligence or intentional misconduct, Florida courts may award punitive damages to punish the wrongdoer and deter similar behavior.
Wrongful Death Cases in Miami Lakes: Common Scenarios
Miami Lakes, with its residential neighborhoods and proximity to major highways, sees various types of wrongful death cases, such as:
- Fatal car or truck accidents on I-75, SR 826, and nearby intersections
- Pedestrian and bicycle accidents in suburban neighborhoods
- Medical negligence in local hospitals and clinics
- Nursing home neglect or abuse leading to preventable fatalities
- Construction site accidents in nearby development areas
Each case requires a tailored legal strategy to prove liability and calculate damages.
How a Miami Lakes Wrongful Death Lawyer Can Help
Losing a loved one is overwhelming, but handling a complex lawsuit on your own can make things even harder. A wrongful death attorney can:
- Investigate the incident to determine liability
- Gather crucial evidence before it is lost or destroyed
- Work with medical, accident reconstruction, or financial experts
- Negotiate with insurance companies for a fair settlement
- File a lawsuit and represent your family in court if necessary
Experienced attorneys not only focus on securing compensation but also provide compassionate guidance throughout the legal process.
Steps to Take After Losing a Loved One
If you believe your loved one’s death in Miami Lakes was caused by negligence:
- Obtain the death certificate and any relevant medical or police reports.
- Avoid signing any documents or accepting early settlement offers from insurance companies.
- Consult a wrongful death attorney immediately to understand your rights and deadlines.
- Collect any supporting evidence, like photos, video footage, or witness statements.
Prompt legal action ensures your family’s rights are protected and maximizes your chances of a successful claim.
Justice for Families in Miami Lakes
Wrongful death lawsuits are about more than money—they’re about accountability and justice. While no amount of compensation can replace your loved one, holding the responsible party accountable can bring closure and help your family move forward.
At DLE Lawyers, we understand the pain of losing a loved one and the challenges of navigating a wrongful death case. Our experienced team fights for the justice and compensation your family deserves.
Contact us today for a free consultation, and let us help you seek justice for your loved one.