Losing someone you love is devastating—especially when their death was sudden, avoidable, and caused by someone else’s negligence. In Miami, wrongful death cases happen every day: a fatal car crash on I-95, a workplace tragedy, a medical error that should never have happened. And for families left behind, the emotional and financial toll can be overwhelming.
At DLE Lawyers, we understand how painful this experience is—and we’re here to help. This guide is written for families in Miami who are grieving and wondering what steps they can take to seek justice. We’ll explain what wrongful death means under Florida law, what your legal options are, who can file a claim, and what compensation may be available to you.
What Is Wrongful Death?
Under Florida Statute § 768.19, a wrongful death occurs when a person dies as a result of the wrongful act, negligence, default, or breach of contract of another party. Unlike criminal homicide, wrongful death is a civil action, typically brought against individuals, companies, or entities responsible for the fatal incident.
Examples of wrongful death include:
- A drunk driver causing a fatal car accident
- A doctor making a preventable medical mistake
- A defective product leading to a fatal injury
- Unsafe property conditions causing a deadly fall
- An employer failing to follow safety protocols
Wrongful death claims in Miami often stem from common incidents such as auto accidents, medical malpractice, workplace injuries, nursing home abuse, and dangerous premises.
Who Can File a Wrongful Death Claim in Florida?
In Florida, wrongful death lawsuits must be filed by the personal representative of the deceased person’s estate. This person is usually named in the deceased’s will, but if no will exists, the court can appoint someone.
While the personal representative files the claim, it is filed on behalf of the deceased person’s surviving family members, which may include:
- The surviving spouse
- Children (including adopted children)
- Parents of a minor child
- Any blood relatives or adoptive siblings who were financially dependent on the deceased
Only one wrongful death lawsuit can be filed per decedent, so the personal representative must include all eligible survivors when bringing the claim.
What Types of Damages Can Be Recovered?
While no amount of money can bring your loved one back, a successful wrongful death claim can help ease the financial burden and provide a sense of accountability.
In Florida, surviving family members may be entitled to recover:
- Medical expenses related to the final illness or injury
- Funeral and burial costs
- Loss of companionship, protection, and guidance
- Mental pain and suffering
- Lost support and services (present and future)
- Loss of the decedent’s income and benefits
The estate may also recover damages for:
- Lost earnings from the date of injury to death
- Medical and funeral expenses paid by the estate
- Prospective net accumulations of the estate
Common Causes of Wrongful Death in Miami
Wrongful death can occur in many forms, but some of the most common causes we see at DLE Lawyers include:
Car and Motorcycle Accidents
South Florida’s roads are among the most dangerous in the nation. Fatal collisions due to speeding, reckless driving, DUIs, or distracted driving are all too common on roadways like I-95, the Palmetto Expressway, and Biscayne Boulevard.
Medical Malpractice
Hospitals in Miami are busy, and medical professionals sometimes make avoidable mistakes. Misdiagnoses, surgical errors, birth injuries, and improper medication administration can all lead to fatal outcomes.
Workplace Accidents
Industries like construction, logistics, and hospitality carry high risks. If safety protocols are not enforced or equipment is faulty, employers may be liable for a worker’s death.
Premises Liability
Property owners in Miami have a duty to maintain safe conditions. When they fail—such as in the case of poor lighting, broken staircases, or negligent security—it can lead to fatal accidents.
Product Liability
When defective or dangerous products cause death—like faulty airbags, contaminated food, or unsafe prescription drugs—manufacturers, distributors, and sellers may all share legal responsibility.
How Long Do You Have to File a Wrongful Death Claim in Miami?
Florida’s statute of limitations for wrongful death claims is two years from the date of death. Missing this deadline can bar you from ever filing a lawsuit.
However, exceptions may apply in rare cases (e.g., medical malpractice discovery issues). That’s why it’s critical to speak with an attorney as soon as possible. Time-sensitive evidence—like surveillance footage or witness statements—can also be lost if not collected promptly.
How Do You Prove Wrongful Death?
To bring a successful claim, your attorney must prove that:
- A person has died.
- The death was caused by the negligence or wrongful act of another party.
- Surviving family members have suffered damages due to the death.
- A personal representative has been appointed for the estate.
At DLE Lawyers, we build strong wrongful death cases by collecting:
- Accident and police reports
- Medical records
- Witness statements
- Expert opinions (medical, accident reconstruction, financial)
- Employment and income documentation
- Photos, videos, and any physical evidence
We also work closely with grief counselors, economists, and other experts to show the true emotional and financial impact of your loss.
What to Expect During the Legal Process
Pursuing a wrongful death claim may seem overwhelming—especially during a period of mourning. At DLE Lawyers, we handle every legal aspect of the case so you can focus on healing.
Here’s what the process typically involves:
Initial Consultation
We start with a compassionate conversation to understand your loved one’s story and assess whether you have a viable claim. This consultation is free and confidential.
Investigation
Our legal team will gather all necessary documentation, review records, and identify all liable parties.
Filing the Claim
Once we’ve built your case, we file a wrongful death complaint in civil court.
Negotiation
In many cases, the responsible party’s insurance company will offer a settlement. We negotiate for full and fair compensation and advise you every step of the way.
Litigation (if necessary)
If a settlement can’t be reached, we are fully prepared to take your case to trial and present your story in front of a jury.
Why Choose DLE Lawyers for a Wrongful Death Case?
We understand that behind every case is a grieving family seeking answers, justice, and closure. At DLE Lawyers, we don’t treat your case like a number—we treat it like a mission.
Here’s what makes us different:
- Extensive experience with wrongful death and catastrophic injury cases
- Personalized, hands-on legal support
- Multilingual team fluent in English and Spanish
- No fees unless we win—guaranteed
- Track record of results against powerful corporations and insurers
We handle cases across Miami and throughout South Florida with integrity, compassion, and relentless legal skill.
Can You Sue for Emotional Pain?
Yes. In Florida, surviving spouses and parents of minor children may recover damages for mental pain and suffering. Children can also seek compensation for emotional trauma and loss of parental guidance and companionship.
Though these losses can’t be measured in dollars, they are real—and the law acknowledges that.
What If Criminal Charges Are Also Involved?
A wrongful death lawsuit is separate from any criminal case. For example, if your loved one was killed by a drunk driver, that person may face criminal DUI manslaughter charges filed by the state.
However, even if the driver is acquitted or receives a light sentence, you can still pursue civil damages in a wrongful death claim. The burden of proof in civil court is lower than in criminal court.
Losing someone to a wrongful death is one of life’s greatest injustices. As a family member, you’re left dealing with shock, sadness, unanswered questions—and the weight of a future without someone you loved deeply.
While no legal outcome can truly make up for your loss, holding the responsible party accountable can bring a measure of peace and financial stability during your darkest days.
At DLE Lawyers, we are committed to fighting for grieving families in Miami—because you deserve answers, you deserve closure, and you deserve justice.
Speak to a Miami Wrongful Death Lawyer Today
If you’ve lost a loved one due to negligence, don’t wait. Contact DLE Lawyers for a free, compassionate consultation. We will review your case, explain your rights, and help you understand your next steps—with zero pressure and no legal fees unless we win.
Call us today at (305) 363-7855 or visit www.dlelawyers.com. Let us honor your loved one’s memory by fighting for the justice they deserve.