The loss of a loved one is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence—whether through a car accident, medical malpractice, unsafe premises, or a preventable workplace incident—the emotional devastation is compounded by the knowledge that it could have been avoided. In Miami Lakes, families facing such tragedies have the legal right to pursue a wrongful death claim under Florida law.
Understanding these rights is crucial, not only for seeking justice but also for protecting your family’s financial future. This comprehensive guide explains what qualifies as wrongful death in Florida, who can file a claim, what compensation is available, how long you have to pursue the case, and how law firms like DLE Lawyers support families through every step of the process.
What Is Wrongful Death in Florida?
Under the Florida Wrongful Death Act (Florida Statutes § 768.16–768.26), a wrongful death occurs when a person dies because of:
- A wrongful act
- Negligence
- Default
- Breach of contract
- Or breach of warranty
In other words, if the person would have had the right to bring a personal injury lawsuit had they survived, their surviving family members may file a wrongful death claim on their behalf.
Common Causes of Wrongful Death in Miami Lakes
Miami Lakes is a rapidly growing community with heavy traffic, active construction, and dense residential areas. Wrongful death cases often arise from:
- Car and truck accidents
- Motorcycle and bicycle crashes
- Pedestrian collisions
- Medical negligence
- Nursing home abuse or neglect
- Defective products
- Boating accidents
- Workplace or industrial accidents
- Violent acts or negligent security
Each type of case has unique legal challenges, requiring thorough investigation and specialized experience—something firms like DLE Lawyers bring to every wrongful death claim.
Who Can File a Wrongful Death Claim in Florida?
Florida law is very specific about who is allowed to file. Only the personal representative of the deceased person’s estate may initiate the claim. This person may be named in the will; if not, the court appoints one.
Who Can Recover Compensation?
Although the personal representative files the claim, certain surviving family members are entitled to damages:
- Spouse
- Children
- Parents
- Dependent blood relatives
- Dependent adoptive siblings
- Children born outside marriage (in some cases)
Each category of survivor may recover different types of damages, as explained below.
Damages Available in a Miami Lakes Wrongful Death Claim
Wrongful death compensation is divided into two categories: damages for the surviving family members and damages for the estate.
1. Damages for Surviving Family Members
These damages compensate for the direct emotional and financial losses caused by the death:
• Loss of Support and Services
Survivors can recover the financial help and emotional services the deceased provided.
• Loss of Companionship and Protection
Spouses may claim compensation for losing the affection and partnership of their loved one.
• Mental Pain and Suffering
Available to spouses, children, and in some cases, parents.
• Loss of Parental Companionship, Guidance and Instruction
Children who lose a parent may recover for the emotional and developmental impact.
• Medical and Funeral Expenses
If survivors paid these expenses, they may recover the costs.
2. Damages for the Estate
These damages go directly to the estate and may include:
- Lost wages from the date of injury to death
- Loss of future earnings the deceased would reasonably have earned
- Medical and funeral expenses paid by the estate
These damages ultimately benefit the survivors as part of the estate distribution.
Proving a Wrongful Death Case in Florida
A successful wrongful death claim requires demonstrating four legal elements:
1. Duty of Care
The defendant had a legal responsibility to act with reasonable care. For example:
- Drivers must follow traffic laws
- Doctors must meet the medical standard of care
- Property owners must maintain safe premises
2. Breach of Duty
You must show the defendant failed to meet that duty—such as speeding, misdiagnosing a patient, or failing to secure a dangerous area.
3. Causation
The breach of duty must be directly connected to the death. Expert testimony, medical records, accident reconstruction, and forensic analysis often play a role.
4. Damages
The death must have resulted in measurable losses—financial, emotional, or both.
This is where experienced legal representation becomes essential. Firms like DLE Lawyers use investigators, medical experts, economists, and accident reconstruction specialists to prove each element persuasively.
The Statute of Limitations for Wrongful Death in Florida
The law limits how long families have to file a wrongful death lawsuit. As of recent changes to Florida law:
You generally have two years from the date of death
Exceptions exist for certain types of cases, such as homicide or medical malpractice.
Missing this deadline almost always prevents survivors from pursuing compensation, no matter how strong the case may be. That’s why it’s important to speak with an attorney as soon as possible.
Why Miami Lakes Wrongful Death Cases Require Immediate Action
Evidence crucial to your case can be lost or altered if too much time passes. Examples include:
- Accident scene debris
- Video surveillance footage
- Medical records
- Electronic data (such as vehicle black boxes)
- Witness memories
- Business safety logs
- Employment records
- Security camera recordings
Additionally, defendants—especially corporations, hospitals, and insurance companies—often start building a defense immediately. Filing quickly helps level the playing field.
How Wrongful Death Affects Families Emotionally and Financially
The consequences of wrongful death go far beyond grief. Families may also face:
Financial Stress
Loss of income, unpaid medical bills, funeral expenses, and future financial uncertainty.
Emotional Trauma
Children may suffer long-term psychological consequences; spouses may lose lifelong companionship and stability.
Loss of Household Support
Childcare, transportation, daily chores, and planning the future all become more difficult.
Long-Term Future Impact
The loss of a parent or spouse can affect education, career opportunities, retirement plans, and more.
Wrongful death claims aim to address not only the tangible losses, but also the invisible yet profound emotional damage.
Key Evidence Required for a Strong Wrongful Death Claim
Successful cases rely on carefully collected and preserved evidence. Important types include:
• Medical Records
Details of injuries, treatment, and cause of death.
• Accident or Incident Reports
Police reports, incident logs, or OSHA findings.
• Expert Testimony
Medical professionals, accident reconstructionists, and economic experts.
• Eyewitness Statements
Independent accounts that support the claim.
• Financial Documentation
Proof of lost wages, benefits, and expected future income.
• Visual Evidence
Photos, videos, security footage, body cam footage, and diagrams.
• Corporate or Medical Records
Maintenance logs, safety records, medical charts, or prior complaints.
Common Defenses in Wrongful Death Claims—and How to Counter Them
Defendants often fight aggressively to reduce liability. Common arguments include:
“The deceased contributed to the accident.”
Florida’s comparative negligence system allows damages to be reduced based on fault, so this is a common strategy.
“The death wasn’t caused by our negligence.”
Insurance companies often question causation, especially in medical and product liability cases.
“There were pre-existing medical conditions.”
They may argue the death was inevitable regardless of the incident.
“The damages are exaggerated.”
Defendants frequently challenge wage calculations or the value of emotional losses.
With strong evidence and expert opinions, these defenses can be effectively dismantled.
The Role of a Wrongful Death Attorney
Handling a wrongful death claim alone is overwhelming—emotionally and legally. A specialized attorney provides:
1. Comprehensive Investigation
Gathering evidence, interviewing witnesses, obtaining records, and reconstructing events.
2. Expert Collaboration
Economists, medical experts, forensic specialists, and evaluators help quantify damages.
3. Negotiation with Insurance Companies
Insurers prioritize profits; attorneys ensure families receive full compensation.
4. Courtroom Litigation
If the case goes to trial, skilled representation is essential.
5. Compassionate Guidance
Lawyers help families navigate grief, confusion, and stress while protecting their rights.
How Compensation Helps Families Rebuild
While no amount of money can replace a lost loved one, wrongful death compensation can:
- Replace lost income
- Cover medical and funeral expenses
- Support children’s education
- Provide long-term financial stability
- Acknowledge emotional suffering
- Hold negligent parties accountable
- Prevent similar incidents in the future
Accountability brings closure—not just financially, but emotionally.
Why Choosing the Right Law Firm Matters
Wrongful death cases require exceptional skill, resources, and sensitivity. Law firms like DLE Lawyers understand the high stakes involved and fight aggressively for families in Miami Lakes and throughout Florida.
They handle:
- Catastrophic injury and death cases
- Commercial vehicle collisions
- Medical negligence claims
- Product liability claims
- Negligent security cases
- Workplace-related fatalities
Their experience, dedication, and record of success make a significant difference in achieving fair compensation.
Understanding and Protecting Your Rights
A wrongful death claim is not just a legal process—it is a path toward justice, accountability, and stability during one of life’s most devastating moments.
Florida law gives families in Miami Lakes the right to seek compensation, hold negligent parties responsible, and protect their financial future after a tragic loss. But exercising these rights requires timely action, strong evidence, and experienced legal support.
If your family is facing the heartbreaking loss of a loved one due to negligence, you do not have to face this alone. The legal guidance of compassionate and knowledgeable attorneys—such as DLE Lawyers—can make all the difference in your pursuit of justice and closure.