Miami Wrongful Death Lawyer

Schedule a Free Consultation With a Top Miami Wrongful Death Attorney

At Bernheim Kelley Battista, LLC, our Miami wrongful death lawyers are compassionate, experienced, and reliable advocates for grieving families. Fatal accidents are heartbreaking. For surviving family members, the road to recovery can be incredibly challenging. The responsible parties must be held accountable and survivors deserve justice. If you lost a loved one due to carelessness or recklessness of another party, we are here to help. Contact our Miami law office today for a free, fully confidential consultation with a top Miami wrongful death attorney.

What is a Wrongful Death Lawsuit?

The loss of a close loved one in an accident is traumatic. A wrongful death lawsuit is a legal action brought when a person’s death is caused by the negligence or misconduct of another individual or entity. The surviving family members—or a representative of the estate—can seek compensation for losses such as funeral expenses, loss of financial support, and non-economic damages. The lawsuit aims to hold the responsible party accountable, thereby helping surviving family members get justice, accountability, financial support, and some degree of closure.

An Overview of Florida's Wrongful Death Act

Wrongful death claims fall under state law. Florida's Wrongful Death Act allows the estate of a deceased person to pursue legal action against parties responsible for the death due to negligence or wrongdoing. You may be wondering: Is Florida a fault or no-fault state? For the purposes of a wrongful death case, Florida is a fault-based state. Under the Florida Wrongful Death Act, claimants must prove that the defendant(s) bears legal liability for the fatal accident.

Understanding the Different Types of Wrongful Death Cases

A wrongful death can occur in many different circumstances. The exact nature of the underlying accident will have a significant impact on the progression of the case. Some of the most common types of wrongful death claims in Miami, Florida, include: 

• Medical Malpractice: Medical malpractice claims are brought against negligent healthcare professionals or negligent healthcare institutions. These types of cases may arise due to erroneous diagnosis, treatment, or improper surgical procedures. When a patient dies due to professional negligence, a wrongful death claim for medical malpractice should be pursued.

• Auto Accidents: Motor vehicle collisions are the top cause of accidental fatalities in South Florida. The responsibility may lie with a negligent driver, a negligent truck company, or even a vehicle manufacturer. Surviving family members can seek legal recourse through a wrongful death lawsuit.

• Work-Related Accidents: Workers’ comp may bring death benefits to surviving family members in Florida. If a non-employer party—such as a contractor, subcontractor, or equipment manufacturer—is responsible for a fatal workplace accident, they could be held legally liable through a wrongful death claim. 

• Supervised Activities: Deaths occurring during supervised activities, like school events or elderly care, fall under this category. If the supervising party fails to uphold the requisite care standards, resulting in a fatality, it opens the avenue for a wrongful death claim. A Miami wrongful death lawyer can help you navigate this type of case. 

• Dangerous Products: A defective product could contribute to a fatality. In these instances, wrongful death is attributed to the use of defective products, holding manufacturers or sellers accountable for failing to ensure the product’s safety and efficacy. A Miami wrongful death lawyer can help your family navigate Florida’s product liability laws. 

• Criminal Acts (Premises Liability): Cases where death results from intentional criminal acts, such as assault or other forms of violence. While the perpetrator can bear civil liability in addition to criminal liability, these types of wrongful death claims are often brought against businesses or property owners on the basis of premises liability.

Who Can File a Wrongful Death Claim?

In Florida, a wrongful death claim can only be filed by the personal representative of the deceased person’s estate. The representative is a party who will either be named in the deceased’s will or estate plan or be appointed by the court if there is not a specified individual named within a valid will. Although the claim is filed by a personal representative, it is always for the benefit of the surviving family members. Survivors who may be entitled to damages include the deceased’s spouse, children, and parents, as well as any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services. If you have any specific questions or concerns about the filing of a wrongful death claim, a Miami attorney can help.




To learn more, schedule a free consultation with us today.
Free Case Evaluation

Damages You Can Recover in a Wrongful Death Case

In a wrongful death case, the pursuit of justice often encompasses the recovery of various forms of damages to help alleviate the loss. Under Florida law (Florida Statutes § 768.21), close surviving family members—such as a spouse, child, or parent—are employed to pursue a wide range of different types of damages. Financial compensation may be recovered for:
• Out-of-Pocket Medical Costs: Survivors can claim compensation for the medical expenses incurred during the deceased’s accident. The victim may have required significant medical care before their passing.
• Funeral and Burial Costs: The claim may cover the expenses related to the funeral and burial of the deceased. These damages assist the family in managing these immediate financial burdens during a period of grief.
• Loss of Financial Support: Loss of financial support pertains to the monetary contributions that the deceased would have provided to the survivors over time. It considers the deceased’s earning capacity, work-life expectancy, and other financial responsibilities. 
• Loss of Love, Companionship, and Consortium: These non-economic damages reflect the emotional distress and loss of companionship suffered by the survivors. It acknowledges the profound emotional void left by the deceased’s absence.
• Loss of Parental Guidance: For cases where a parent has been lost, survivors may claim damages for the loss of guidance, care, and upbringing that the deceased would have provided to their children.
• Punitive Damages: Punitive damages may be granted in some wrongful death claims wherein the defendant engaged in grossly negligent conduct, such as drunk driving. These damages are not directly tied to grieving families' losses. Instead, they are meant to punish the egregiously wrongful conduct of the defendant.

How to Start a Wrongful Death Claim in Miami?

To initiate a wrongful death claim in Miami, you and your family should start by consulting with a knowledgeable attorney. You need a lawyer who has many years of experience handling wrongful death cases. Your Miami wrongful death attorney will work with you in gathering essential documents such as death certificates, medical records, and evidence of negligence or misconduct. 

As noted previously, the claim itself should be filed by a personal representative of the estate. The legal representative—who is typically a close family member or an estate executor—will file a complaint against the liable party in accordance with Florida's Wrongful Death Act. A proactive approach is key in wrongful death cases.

How Long Do You Have to File a Claim in Florida?

You have a limited amount of time to file a wrongful death lawsuit in Miami. The statute of limitations in Florida sets the deadline for your case. For many years, our state had a four-year statute of limitations for these claims. However, the law changed in 2023. Under Florida Statutes § 95.11, the statute of limitations for a wrongful death claim in Miami is generally only two years from the date of the fatal accident. Do not wait to get started: Consult with a Miami wrongful death lawyer for a free, confidential consultation as soon as possible.

What Do You Need to Prove in a Wrongful Death Case?

Unfortunately, defendants and insurers in wrongful death cases put their own interests first. Grieving families cannot rely on them for any level of support. A strong, well-supported case will need to be put together to prove liability. But how do you prove fault in a wrongful death case in Miami? There are four required elements that must be satisfied under Florida law:

• Duty: As a starting point, wrongful death claimants must establish that the defendant owed a duty of care to the deceased. In other words, the family must prove that the person or entity being accused must have had a responsibility to act (or not act) in a way that would prevent harm to others, including the victim.

• Breach: For the most part, wrongful death liability is based on negligence. After establishing duty, you must prove that the defendant breached this duty of care. Among other things, the claimants must demonstrate that the defendant’s actions or omissions were contrary to what a reasonable person would do under similar circumstances.

• Causation: Causation is a required element in any wrongful death claim in Miami. There must be a connection between the defendant’s breach of the duty of care (negligence) and the victim’s fatality. This means proving that the death would not have occurred without the defendant’s negligent or wrongful actions.

• Damages: Damages are part of any civil legal claim, including a wrongful death lawsuit. Tangible and intangible damages resulting from the wrongful death must be documented and properly presented. Remember, the damages in a wrongful death case are primarily non-economic. They can include loss of love, loss of companionship, and loss of parental guidance.

What Happens if There is a Criminal Case Involved in a Wrongful Death?

A wrongful death case is a civil claim. In some circumstances, there may also be a corresponding criminal case. As an example, imagine that a person was killed in a pedestrian crash with a drunk driver in Miami. The intoxicated driver will likely be arrested and charged with a serious felony criminal offense. The criminal case is a wholly separate legal proceeding from the civil wrongful death case. That being said, the criminal case could have an impact on the wrongful death claim. Most notably, evidence may come out in criminal proceedings that could be a factor in the wrongful death claim.

Get Help From a Wrongful Death Attorney in Miami

Navigating a wrongful death claim is incredibly challenging. At BK Law, we are committed to helping grieving families get justice and the financial support that they need to start putting the pieces back together. You should never accept a lousy settlement offer in a wrongful death case. We provide the proactive, personalized legal representation that families can rely on. At Bernheim Kelley Battista, LLC, our Miami wrongful death lawyer puts in the time, resources, and attention to detail to help grieving families get true justice. Our firm takes on the full range of wrongful death cases—from fatal car crashes to medical malpractice cases. Call us now or contact us online for your free, no-obligation case evaluation. From our Miami law office, we handle wrongful death claims in Miami-Dade County, South Florida, and in communities beyond.