Miami Personal Injury Lawyer Blog
When a fatal accident claims the life of a victim, entire households suffer the financial and emotional consequences that turn their lives around. Fortunately, filing a wrongful death claim in Florida allows Miami families to seek compensation after a loved one’s death caused by negligence.
It is critical to learn who can file, what damages are available, and how local laws impact your case in South Florida. While you should trust a Miami wrongful death lawyer for advice about your specific circumstances, you can review this guide on what families need to know after a fatal accident.
Basic Florida Wrongful Death Laws
Florida’s Wrongful Death Act allows surviving family members to seek compensation when a loved one dies due to another person’s negligence or misconduct. According to the state statute of limitations, the claim must be filed within two years from the date of death, with a few exceptions. The wrongful death statute applies in cases involving a wide range of accidents caused by negligence, as well as incidents where criminal activity causes a fatality.
Who Can File a Wrongful Death Claim in Florida?
Florida law designates the personal representative of the deceased person’s estate as the one who files the wrongful death claim on behalf of surviving family members. This representative is usually named in the decedent’s will or appointed by the court. Eligible survivors include:
- The surviving spouse
- Children
- Parents
- Other relatives who depended on the deceased for support, in some cases
Miami families should consult with a local attorney to confirm who qualifies, as eligibility and relationships may vary depending on the specifics of the case.
Common Causes of Wrongful Death in Miami and How They Affect Your Case
Wrongful deaths in Miami often stem from traffic crashes, including accidents involving cars, trucks, motorcycles, bicycles, and pedestrians. In South Florida, distracted or impaired drivers are a major factor in fatal crashes. Other causes of fatal injuries include:
- Medical malpractice
- Defective products
- Slip and falls
- Other accidents on dangerous property
- Workplace injuries
Identifying the correct cause helps establish fault and supports the family’s claim for damages in court or settlement negotiations.
What Damages Can You Recover in a Miami Wrongful Death Lawsuit?
In a Miami wrongful death case, families may recover both economic and non-economic damages. These can include funeral expenses, lost income, loss of companionship, and emotional pain and suffering.
In some cases, punitive damages may apply to punish especially reckless behavior. The total amount depends on several factors, such as the age and earning capacity of the deceased.
Consult with a Miami Wrongful Death Attorney Today
These basics about wrongful death laws in Florida are helpful to know, but it’s wise to trust skilled legal counsel for your case. Wrongful death claims involve complex legal procedures, strict deadlines, and sensitive family dynamics that require experienced guidance. At Gerson & Schwartz, PA, our attorneys have decades of experience representing families in Miami, Fort Lauderdale, and West Palm Beach. To discuss your options, visit our website or call (305) 371-6000 to schedule a free consultation.
