Wrongful Death Attorney in Miami

Wrongful Death Guidance from a Firm with More Than 100 Years’ Combined Legal Experience

A “wrongful death” occurs when a person dies because of another individual’s or entity’s wrongful act, negligence, default, or breach of contract or warranty. A potential claim generally requires a legally recognized wrongful act or breach, a causal connection to the death, and losses recognized under Florida law.

Our Miami-based firm provides personal injury representation through personalized service and a collective, team-based litigation approach. Our wrongful death lawyers in Miami can assess whether a civil claim may exist, explain who has authority to file it, and identify the survivors and estate interests involved. This civil action is separate from any criminal investigation or prosecution arising from the same event.

Call us at (305) 783-3301​ to set up a FREE consultation about your family’s circumstances.

Incidents That May Lead to a Miami Wrongful Death Claim

The circumstances surrounding a fatal incident determine the potential legal theory, responsible parties, and evidence required. Liability may involve an individual, business, property owner, product manufacturer, healthcare provider, employer, or another entity, depending on the facts.

Fatal incidents that may support a wrongful death claim include:

• Death during a supervised activity
• Automobile or airplane accident
• Occupational exposure to hazardous conditions or substances
• Criminal behavior
• Truck, motorcycle, pedestrian, or boating accident
• Unsafe conditions on residential or commercial property
• Workplace incident involving alleged negligence
• Defective or dangerous product
• Medical negligence

A fatal motor vehicle accident requires different evidence than a medical malpractice or defective-product claim. Accident reports, medical records, photographs, witness accounts, safety records, and physical evidence may help establish what happened. When criminal behavior is involved, the civil claim can proceed separately and serves a different purpose under a different legal standard.

Who Files a Wrongful Death Lawsuit in Miami?

Under the Florida Wrongful Death Act, the decedent’s personal representative brings the action for the benefit of the decedent’s survivors and estate. This differs from having an individual family member file solely in that person’s own name. The personal representative may be identified in a will or appointed through the estate administration process.

Florida’s statutory definition of survivors includes the surviving spouse, children, parents, and certain blood relatives or adoptive siblings who were partly or wholly dependent on the decedent for support or services. Whether someone qualifies, and which losses may be claimed, can depend on the relationship, dependency, age of the children, estate circumstances, and cause of death.

The personal representative’s role doesn’t eliminate the need to identify every survivor and estate interest potentially affected by the case. Our attorneys can review the family structure, available estate documents, and circumstances of the death to determine how Florida’s filing framework may apply.

Damages Available Under Florida Wrongful Death Law

A wrongful death claim may address losses suffered by qualifying survivors as well as certain losses connected to the estate. The categories available in a particular case depend on the evidence, the survivor’s relationship to the decedent, and the applicable provisions of Florida law.

Potential damages may include:

• Lost support and services: Financial contributions and services the decedent would have provided.
• Medical and funeral expenses: Qualifying costs paid by a survivor or charged to the estate.
• Loss of companionship: Losses recognized for a surviving spouse under applicable law.
• Loss of parental guidance: Qualifying losses experienced by the decedent’s children.
• Estate damages: Certain lost earnings, expenses, and other losses recoverable by the estate when legally available.

Records concerning personal injury, conscious pain and suffering, or expenses incurred before the decedent’s death may also require review. Not every pre-death loss is recoverable through the same legal claim, and damage awards don’t simply pass according to the decedent’s will. We assess which losses may belong to survivors and which may be addressed through the estate.

Personalized Representation from a Miami Litigation Team

Mitchell & West, LLC was founded by P.J. Mitchell and Spencer D. West. Our attorneys bring more than 100 years of combined legal knowledge and experience across personal injury, criminal defense, and family law matters. We apply that collective perspective while developing a strategy tailored to each client’s circumstances.

Families need clear communication about responsibility, evidence, insurance issues, estate administration, and potential damages. Our team-based approach allows us to evaluate these connected issues while keeping the family’s specific priorities at the center of the representation. Our broader commitment to advocacy also includes volunteerism and civic engagement throughout South Florida.

Steps to Consider After a Fatal Accident

Prompt evaluation can help identify evidence and legal issues before records are lost or deadlines expire.

Relevant materials may include:

• Accident and death reports
• Medical records
• Photographs
• Witness information
• Employment or income documents
• Insurance correspondence
• Estate records

Families should be cautious about giving recorded statements, signing releases, or accepting an insurance payment before understanding how those decisions could affect a potential claim. Depending on the incident, an attorney may investigate responsible parties, preserve available evidence, coordinate with the personal representative, assess losses, and negotiate or litigate when appropriate.

Florida law generally imposes a two-year limitations period on wrongful death actions, but the controlling deadline and any exception depend on the facts and legal basis of the claim. Medical negligence, claims involving government entities, and other circumstances may present additional procedural requirements. It’s important to request a case-specific evaluation rather than rely on a general deadline.

Discuss a Potential Wrongful Death Claim

If you or someone you know has lost a family member in an accident or due to negligence, contact our Miami wrongful death lawyers to discuss whether a civil claim may be available. We handle these conversations discreetly and explain the legal and financial issues that can follow a sudden loss.

We’re ready to protect your rights. Contact us online or call us at (305) 783-3301​ to set up a FREE consultation.