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 — without that appointment, no wrongful death suit can be filed.

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.