Wrongful Death Lawyer in Miami

Losing a family member because of someone else's negligence — a careless driver, a negligent doctor, a security failure at an apartment complex, a defective product — is the worst experience most families ever face. Florida law gives surviving relatives a right to compensation through the Florida Wrongful Death Act, but the statute is technical, deadlines are short, and only the personal representative of the deceased's estate can actually file the case. The Law Offices of Albert Goodwin represents Miami-area families in wrongful death cases against drivers, hospitals, nursing homes, property owners, employers, and product manufacturers.

The Florida Wrongful Death Act

The Florida Wrongful Death Act is codified at §§ 768.16–768.26, Florida Statutes. It applies whenever a death is caused by "the wrongful act, negligence, default, or breach of contract or warranty of any person" and the deceased could have brought a personal-injury claim had they lived. The statute consolidates all family claims into a single lawsuit brought by the personal representative of the estate on behalf of the estate and the statutory "survivors."

Who Is a "Survivor"

Florida § 768.18 defines who can recover under the Act. Survivors include:

• The surviving spouse — entitled to recover loss of companionship and protection, plus mental pain and suffering from the date of injury
• Minor children (under 25 for medical malpractice cases under current law) — entitled to recover loss of parental companionship, instruction, guidance, and mental pain and suffering
• Adult children — entitled to recover the same as minor children if there is no surviving spouse
• Parents of a deceased minor child — entitled to recover for mental pain and suffering from the date of injury
• Parents of a deceased adult child — entitled to recover for mental pain and suffering only if there are no other survivors
• Blood relatives and adoptive siblings who are partly or wholly dependent on the deceased for support or services

The legislative scheme is intricate, and which survivors recover what depends on who else exists in the family tree. The personal representative — usually the surviving spouse, an adult child, or another relative appointed by the probate court — files the case for all survivors.

Recoverable Damages

Wrongful death damages under § 768.21 include:

• Each survivor's lost support and services from the date of the deceased's injury, projected over their joint life expectancy
• Loss of companionship and protection (surviving spouse) and parental companionship, instruction, and guidance (children)
• Mental pain and suffering (spouse, children of any age, parents of a minor child, and parents of an adult child if no other survivors)
• Medical and funeral expenses paid by a survivor or the estate
• Lost net accumulations of the estate — the value the deceased would have added to the estate over a normal life expectancy — recoverable when the deceased was survived by a spouse or lineal descendants (or, in some cases, parents)

Statute of Limitations

Most Florida wrongful death cases must be filed within two years of the date of death under § 95.11(4)(d). The clock runs from death, not from the date of injury. Wrongful death cases arising from medical malpractice have their own pre-suit notice procedure under Chapter 766 and a separate statute of repose. Wrongful death cases against governmental entities require a six-month sovereign-immunity notice under § 768.28(6) before suit can be filed.

Common Miami Wrongful Death Cases

• Fatal car, truck, and motorcycle crashes on I-95, the Palmetto, the Dolphin, the Turnpike, and Miami surface streets
• Pedestrian and bicycle fatalities — Miami consistently ranks among the deadliest U.S. metros for pedestrians and cyclists
• Fatal medical errors in hospitals, surgical centers, and during childbirth
• Nursing home deaths from sepsis, pressure injuries, falls, and elopement
• Drowning deaths in pools, hotel pools, and open water
• Negligent-security shootings at apartment complexes, nightclubs, and parking garages
• Construction-site fatalities from falls, electrocution, struck-by, and trench collapse
• Defective-product deaths involving vehicles, recreational equipment, and consumer goods

Why You Need a Lawyer Quickly

Evidence in fatal-accident cases disappears fast: vehicle event-data recorders are overwritten, security footage is typically retained for 30 days or less, witnesses move and forget, and scene conditions change. Sending preservation-of-evidence letters within the first weeks after a death is often the difference between a strong case and an impossible one. Probate must also be opened so a personal representative can be appointed under § 768.20 — without that appointment, no wrongful death suit can be filed.

The "Free Kill" Loophole in Medical-Malpractice Wrongful Death

Florida is the only state with what reform groups widely call the "free kill" rule. Under § 768.21(8), in a wrongful death action arising out of medical negligence, adult children of a deceased parent and parents of a deceased adult child cannot recover any non-economic damages — no mental pain and suffering, no loss of companionship. The practical effect: if a single adult patient with no spouse and no minor children is killed by hospital or physician negligence, recoverable damages are limited to medical and funeral expenses and lost net accumulations of the estate, often producing a case no plaintiff's lawyer can economically take. The Florida Legislature has repeatedly considered repealing § 768.21(8), including efforts in the 2024 and 2025 sessions with bipartisan support, but as of this writing the statute remains on the books. Families facing this scenario should still consult counsel — the analysis turns on family configuration, the type of negligence, and whether any economic recovery is realistic.

Damages by Survivor Category

The Florida Wrongful Death Act allocates specific categories of damages to specific survivors under § 768.21:

• Surviving spouse — loss of the deceased's companionship and protection, mental pain and suffering from the date of injury, and loss of support and services
• Minor children (and adult children of decedents not survived by a spouse, outside the med-mal context) — loss of parental companionship, instruction, and guidance, plus mental pain and suffering and loss of support and services
• Parents of a deceased minor child — mental pain and suffering from the date of injury
• Parents of a deceased adult child (only if no other survivors) — mental pain and suffering, subject to the § 768.21(8) limitation in medical-malpractice cases
• The estate — medical and funeral expenses paid by the estate, lost earnings of the deceased from the date of injury to death, lost net accumulations (the savings the deceased would have added to the estate) where the deceased was survived by a spouse or lineal descendants
• Adoptive siblings and blood relatives wholly or partly dependent on the deceased — loss of support and services to the extent of dependency

The Personal Representative and the Probate Process

Only the personal representative of the deceased's estate may bring the wrongful death case under § 768.20. The personal representative is appointed by the probate court, typically in the county of the deceased's residence — in our cases, usually the Probate Division of the Eleventh Judicial Circuit in Miami-Dade. The personal representative is often the surviving spouse or an adult child, but the court may appoint another suitable person. The personal representative has fiduciary obligations to all survivors, and the recovery is allocated among the survivors and the estate based on each one's proven damages — often by agreement, sometimes by court hearing. Settlements involving minor survivors require court approval and frequently a guardian ad litem.

Common Defense Tactics

• "The decedent's earnings were modest, so the economic damages are limited." A vocational expert and forensic economist can document earning capacity, work-life expectancy, and lost net accumulations to the estate.
• "The decedent had medical conditions that limited life expectancy." We obtain the relevant medical records and address pre-existing conditions head-on, often through treating physicians who can speak to baseline status and prognosis.
• "The decedent was partly at fault." Under § 768.81 (as amended by HB 837 in 2023), if the decedent was more than 50% at fault, all survivors recover nothing. Below 50%, recovery is reduced by the decedent's percentage of fault. Scene investigation, reconstruction, and witness statements are critical.
• "The survivors were estranged." Defense will look for any evidence of family discord to minimize non-economic damages. Authentic testimony from family, friends, clergy, and treating providers documents the actual closeness of the relationship.
• HB 837 medical-bill limits — past medical bills incurred between injury and death are now limited to amounts actually paid under § 768.0427.

Coordinating with Criminal Cases

Many wrongful death cases — DUI fatalities, negligent-security shootings, workplace deaths — run parallel to criminal proceedings. We monitor the criminal case, secure the State Attorney's discovery file (often a rich source of evidence developed at public expense), and time the civil case to leverage outcomes from the criminal proceeding. Restitution orders supplement, but do not replace, the civil wrongful death recovery.

Evidence to Preserve

• EMS run sheet, hospital records, autopsy, and medical examiner file
• Scene photographs, EDR downloads, and accident reconstruction in motor vehicle cases
• Surveillance video from the property and adjacent businesses (typical retention 14–30 days)
• OSHA file in workplace fatalities; State Fire Marshal, NTSB, or PHMSA reports as applicable
• Tax returns, employment records, and pension/benefits statements to support economic damages
• Photographs and video of the decedent with family, documenting the human loss
• Statements from family, coworkers, clergy, and friends about the deceased's role and relationships

Frequently Asked Questions

Who can file a wrongful death case in Florida?

Only the personal representative of the deceased's estate, appointed by the probate court, under § 768.20. The personal representative files on behalf of all statutory survivors and the estate.

What if I am not married to the decedent but we lived together?

Florida does not recognize common-law marriage entered into after 1968. An unmarried partner is generally not a "surviving spouse" under § 768.18 and cannot recover spousal damages, even after decades of cohabitation.

How is the settlement divided among survivors?

Allocation is based on each survivor's proven damages, often resolved by agreement and approved by the probate court. When survivors disagree, the court holds an apportionment hearing.

What about wrongful death from medical malpractice?

Chapter 766 imposes a 90-day pre-suit investigation period plus an expert affidavit requirement. The "free kill" rule under § 768.21(8) limits non-economic recovery for adult children and parents of adult decedents. The two-year statute under § 95.11(4)(d) still applies.

If you have lost a family member because of someone else's negligence, contact the Law Offices of Albert Goodwin for a confidential consultation. Call 786-522-1411 or email [email protected]. There is no fee unless we recover for your family.