Losing a loved one is devastating, and pursuing a wrongful death claim can feel overwhelming during grief. But understanding how Florida’s wrongful death laws work can help families protect their rights and secure the financial support they will need in the future.
One of the most important facts is that wrongful death claims in Florida must be filed by the personal representative of the estate. This person acts on behalf of surviving family members, including spouses, children, parents, and sometimes other financial dependents. Families often assume they can file the lawsuit individually, but the law requires a central representative.
Another key factor is how damages are calculated. Compensation may include medical bills, funeral costs, lost income, loss of companionship, mental pain and suffering, and long-term financial support the deceased would have provided. The law recognizes the emotional and financial devastation families experience.
Liability can arise from many circumstances — car accidents, truck collisions, medical malpractice, dangerous property, defective products, boating accidents, and workplace incidents. Establishing fault requires a detailed investigation into the incident, expert analysis, and a clear demonstration that negligence caused the death.
Insurance companies often delay or dispute wrongful death claims because the financial exposure is high. They may argue lack of causation, pre-existing conditions, or shared fault. Families should avoid giving recorded statements before speaking with a lawyer, as insurers may twist statements to diminish the claim.
Timelines are also critical. The wrongful death statute of limitations in Florida is shorter than many people expect. Delays can cause lost evidence, unavailable witnesses, or outright dismissal of the claim.
Our lawyers work closely with families to pursue justice, compassion, and accountability. If you lost a loved one due to negligence, contact our Miami wrongful death team today.
FAQ: Miami Wrongful Death Claims
Who can file a wrongful death claim in Florida?
Only the personal representative of the deceased’s estate can file. This person acts on behalf of surviving family members such as spouses, children, parents, and other financial dependents.
What types of damages can families recover in a wrongful death case?
Families may recover medical bills, funeral expenses, lost income, loss of companionship, mental pain and suffering, and future financial support the deceased would have provided.
What kinds of incidents can lead to a wrongful death claim?
Claims can arise from car and truck accidents, medical malpractice, dangerous property conditions, defective products, boating accidents, and workplace injuries caused by negligence.
Why do insurance companies sometimes fight wrongful death claims?
Because these claims can involve significant payouts, insurers may dispute causation, blame pre-existing conditions, or argue comparative negligence. Legal representation is crucial to protect your rights.
Do I need to give a recorded statement to the insurance company?
No. Families should avoid giving statements before consulting a lawyer. Insurers may use statements to minimize or deny your claim.
How long do families have to file a wrongful death lawsuit in Florida?
Florida’s statute of limitations is strict. Filing too late can result in lost evidence, unavailable witnesses, or dismissal of the case. Acting promptly is essential.
Can I pursue a wrongful death claim if multiple parties were at fault?
Yes. Florida law allows claims against multiple negligent parties, including drivers, medical providers, property owners, or employers, depending on the circumstances.
How can DDRB Lawyers help with a Miami wrongful death claim?
We guide families through the legal process, investigate the incident, work with experts, and negotiate or litigate to secure maximum compensation. Our team also provides compassionate support during a difficult time.
What should I do immediately after a loved one dies due to suspected negligence?
Contact our lawyers at DDRB as soon as possible. Early intervention ensures evidence is preserved, witnesses are identified, and your legal rights are protected.