Wrongful Death Lawyers Serving Miami and All of Southeast Florida
If you’ve lost a loved one due to another party’s negligence, the Miami wrongful death lawyers at Bernheim Kelley Injury Lawyers are here to help. Our experienced wrongful death lawyers can guide you through every step of the legal process and ensure that your family’s rights and best interests are protected.
We understand the profound impact of losing a loved one and we are committed to providing compassionate and thorough legal assistance during this challenging time.
You risk nothing by speaking with one of our attorneys. Your initial consultation is free of charge, and we only get paid if we secure compensation for you.
Contact Bernheim Kelley Injury Lawyers’ Miami office today online or at (305) 617-1111 for a FREE, no-obligation consultation with an experienced Miami wrongful death lawyer.
Our Miami Wrongful Death Lawyers Will Fight for the Real Justice You and Your Family Deserve
Bernheim Kelley Injury Lawyers have fought on behalf of the wrongfully injured for decades. In cases of wrongful death, we do everything possible to ensure that families who have lost loved ones because of another’s negligence obtain the Real Justice they deserve.
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When you choose to work with a Miami wrongful death attorney at Bernheim Kelley Injury Lawyers, you can count on an individualized legal strategy tailored specifically to your unique situation. We know what a difficult time this may be for you and your family; that’s why we go the extra mile to provide the compassionate, effective legal counsel you need.
When you hire Bernheim Kelley Injury Lawyers, you can expect:
- Compassionate Support: We strive to create a supportive and comforting environment for every client. We recognize the challenges you may be facing during this difficult time. Building trust and understanding is at the heart of how we approach each case.
- Proven Experience: With more $1 billion recovered for our clients, our legal team has the depth of experience needed to tackle even the most complex cases. Whether negotiating settlements or representing clients in court, we design personalized strategies based on extensive knowledge of wrongful death and personal injury law.
- Real Justice: Losing a loved one unexpectedly is devastating, and we’ve seen firsthand the immense toll it takes on families. This drives our passion for seeking justice—not just by holding responsible parties accountable and securing maximum compensation, but also by helping surviving loved ones find a sense of closure and peace.
From the moment of your first interaction with our firm, you will be treated with respect and care. Our Miami wrongful death lawyers will work closely with you to determine the full financial and emotional impact of your family’s loss and fight for the maximum compensation you deserve.
What Constitutes Wrongful Death?
Wrongful death occurs when an individual’s life is lost due to the careless or negligent actions of another person or entity. To establish negligence in these cases, it must be demonstrated that the other party had a duty of care toward the deceased, that they breached this duty, and that the breach directly caused the death.
Wrongful death claims are handled as civil cases, independent of any criminal proceedings related to the incident. If a criminal case is also pursued, it operates separately from the civil wrongful death claim. However, evidence and verdicts from the criminal trial can influence and support the civil case.
Who Can File a Wrongful Death Claim?
In Florida, wrongful death claims are governed by the Florida Wrongful Death Act. According to this law, only the Personal Representative of the deceased person’s estate can file a wrongful death lawsuit. The Personal Representative files the claim on behalf of the deceased’s surviving family members, ensuring their interests are represented and any compensation awarded benefits them directly.
The family members eligible to recover compensation in a wrongful death claim include:
- The deceased’s spouse and minor children.
- All children of the deceased, if there is no surviving spouse (note: children over the age of 25 are excluded in medical malpractice cases).
- The deceased’s parents, if there are no surviving spouses or children (except in medical malpractice cases if the deceased was over 25 years old).
- Other blood relatives or adopted siblings who were financially dependent on the deceased.
For children born to unmarried parents:
- They are always eligible to recover damages if their mother dies.
- If their father dies, they may only recover damages if the father had legally acknowledged them as his child and was obligated to provide support.
Who Is the Personal Representative of the Estate?
The personal representative plays a vital role in seeking justice for the deceased’s loved ones. This individual acts on behalf of the survivors, handling important legal decisions and representing the family in a wrongful death lawsuit. They work closely with the attorney, guide the legal process, and make decisions about strategy and settlements to ensure the best possible outcome for the survivors.
Who Are the Survivors?
The Florida Wrongful Death Act outlines who qualifies as a survivor in a wrongful death case. Factors such as the deceased’s marital status, whether they had children, the presence of blood relatives who were financially dependent on them, and the circumstances of their passing all play a role in determining the survivors. In some cases, there may be no legally recognized survivors. Because this can be a complex issue, consulting with an experienced wrongful death attorney is the best way to get clarity and guidance tailored to your specific situation.
How Is the Personal Representative Appointed?
To become the personal representative of a deceased person’s estate, you must be appointed by the court. This is not an automatic process; typically, a family member applies to the court for this role. The court will review the application, consider who the survivors (beneficiaries) are, and assess whether they agree on the applicant or if there is any disagreement.
If all the survivors agree on the applicant, the court will likely grant the appointment. However, if there is a disagreement among survivors or if the applicant has a criminal background, the court will evaluate all perspectives and appoint the person it deems most qualified to serve as the personal representative.
How Much Time Do I Have to File a Wrongful Death Claim?
In Florida, you generally have two years from the date of death to file a wrongful death claim under Florida Statutes § 95.11. While this allows families some time to grieve, it’s important not to delay. Once the statute of limitations expires, you lose the opportunity to pursue legal action.
The loss of a loved one in an accident can leave families feeling lost and overwhelmed. During this vulnerable time, insurance companies may quickly offer a settlement, often using pressure tactics to convince you that you have no other options. But you do have a choice.
The Miami wrongful death attorneys at Bernheim Kelley Injury Lawyers are here to protect your rights and ensure your interests are not undermined by insurance companies’ manipulative strategies. Our team is dedicated to helping you seek the full and fair compensation you deserve while providing the support and guidance you need during this challenging time.
What Types of Accidents Can Result in a Wrongful Death?
Wrongful death lawsuits can arise from a variety of fatal accidents. Sadly, these tragedies can happen under many circumstances, often due to negligence or misconduct. Below are some of the most common types of accidents leading to wrongful death claims in Florida:
Motor Vehicle Accidents
- Car Accidents: Deadly car crashes are a leading cause of wrongful death. These cases require a thorough investigation to establish liability and secure compensation.
- Truck Accidents: Accidents involving large commercial trucks are especially dangerous due to their size and weight. Fatal truck accidents require prompt action to preserve evidence and ensure a comprehensive investigation.
Pedestrian Accidents
Pedestrians are highly vulnerable in collisions. Even low-speed impacts can result in fatal injuries. If your loved one was killed in a pedestrian accident, you may have grounds for a wrongful death claim.
Workplace Fatalities
From 2013 to 2022, nearly 3,000 workers in Florida lost their lives on the job. While workers’ compensation often provides death benefits to families, third-party negligence may also play a role. If so, a separate wrongful death lawsuit may be an option.
Boating Accidents
Florida’s waterways are a popular destination, but boating accidents are far too common. Issues like operator inexperience, reckless behavior, or boating under the influence can lead to fatal outcomes.
Premises Liability Accidents
Property owners have a duty to maintain safe conditions for lawful visitors. Fatal accidents, such as slip-and-falls or other preventable incidents, may warrant a wrongful death claim if negligence was involved.
Defective Products
Manufacturers have a responsibility to ensure their products are safe for consumers. Faulty designs, manufacturing defects, or inadequate warnings can lead to deadly injuries, giving rise to a wrongful death lawsuit based on product liability.
At Bernheim Kelley Injury Lawyers, we have extensive experience handling a variety of personal injury cases, including wrongful death. Whether through skilled negotiation or aggressive courtroom advocacy, we’ve helped clients obtain more than $1 billion in verdicts and settlements across Florida. If you’ve lost a loved one due to someone else’s negligence, our distinguished legal team is here to help you seek Real Justice and fair compensation.
Who Is Liable?
Liability for a wrongful death depends on the circumstances of the case and the parties involved. In general, any individual, company, or entity whose negligence, recklessness, or intentional actions caused the death may be held legally responsible. Common examples of liable parties include:
- Drivers or vehicle owners in fatal car, truck, or motorcycle accidents caused by negligence, such as speeding, distracted driving, or driving under the influence.
- Employers, if unsafe working conditions or inadequate training led to a workplace fatality.
- Medical professionals such as doctors, nurses, or hospitals, may be liable if medical malpractice caused the death.
- Manufacturers or product designers that produce or sell defective products that result in fatal injuries.
- Property owners responsible for maintaining safe premises can be held accountable for fatalities resulting from dangerous conditions, such as slip-and-falls or inadequate security.
- Government entities or agencies. If a wrongful death results from a public entity’s negligence, such as unsafe road design or inadequate oversight, they may be held liable (though special rules apply when suing government entities).
Determining liability often requires a thorough investigation of the incident, including evidence collection, expert testimony, and legal analysis. Consulting with an experienced wrongful death attorney is crucial to identifying all responsible parties and pursuing maximum compensation.
What Damages Can I Recover?
In Florida, wrongful death claims allow surviving family members and the deceased’s estate to recover compensation for both economic and non-economic losses. The damages available depend on the specific circumstances of the case and may include:
- Loss of financial support and household services
- Loss of companionship and protection (spouse and children)
- Mental pain and suffering (spouse, children, and sometimes parents)
- Loss of parental guidance and instruction (for minor children)
- Medical and funeral expenses
- Lost earnings from the time of injury to death
- Loss of net accumulations (what the deceased would have added to their estate)
- Punitive damages in cases of gross negligence or intentional misconduct
Punitive Damages in Florida
Punitive damages are awarded in cases where the party’s at-fault actions were intentional or grossly negligent. Unlike compensatory damages, which aim to cover losses, punitive damages are designed to punish the wrongdoer for their extreme behavior and discourage similar actions in the future.
In Florida, punitive damages are typically capped at three times the amount of compensatory damages, or $500,000—whichever is greater.
However, exceptions to this cap may apply in cases involving intentional misconduct or particularly egregious negligence.
Calculating damages, including punitive damages, in a wrongful death case can be extremely complex. Our experienced Miami wrongful death lawyers can assess the full scope of your losses, determine the true value of your claim, and fight for the maximum compensation to which you are entitled under Florida law.
Wrongful Death FAQs
Wrongful death settlements can vary widely. Some cases are resolved quickly, within months, while others may take years. Typically, families want a swift, fair settlement, and sometimes insurance companies agree, but other times, they might try to minimize the payout.
How long it takes to settle depends on several factors, such as the cause of death, the amount of insurance coverage, and who the surviving family members are.
Whether an autopsy is needed depends on the case. For medical malpractice claims, an autopsy can help pinpoint the cause of death. In accident cases, like car or truck accidents, an autopsy may not always be necessary unless there are specific concerns.
If there’s a suspicion of drug overdose or prescription drug toxicity, an autopsy with a toxicology report becomes important. But for deaths due to trauma, like car accidents or slip-and-fall incidents, autopsies aren’t usually required.
In Miami, the Miami-Dade Medical Examiner’s Office handles autopsies, and families can contact them to get copies of the report. If no government autopsy is done, you may opt for a private one. A wrongful death attorney can help connect you with a pathologist for this process.
Yes, a wrongful death attorney can assist in getting an autopsy. Our team at Bernheim Kelley Injury Lawyers knows how vital an autopsy can be for your case. We’ll guide you through requesting an autopsy from the medical examiner or arranging a private one if needed. Our goal is to ensure you have all the evidence to pursue justice for your loved one.
The average wrongful death settlement in Florida can vary widely depending on factors such as the specifics of the case, the extent of the damages, and the parties involved. Generally, settlements can range from a few thousand dollars to several million, depending on the circumstances.
Some factors that influence the settlement amount include:
- The cause of death: Cases involving severe negligence, such as car accidents or medical malpractice, may result in higher settlements.
- The severity of the loss: If the deceased was the primary breadwinner or had dependents, the settlement may be larger.
- Liability and negligence: Clear-cut cases where the defendant’s negligence is obvious may lead to larger settlements.
- Insurance coverage: The amount of insurance coverage available can also impact the settlement.
- Emotional and economic loss: Losses for surviving family members, such as lost income, loss of companionship, and emotional distress, can increase the settlement value.
Each case is unique, so working with an experienced wrongful death lawyer is key to understanding the specific potential for settlement.
Evidence is crucial to proving negligence in wrongful death lawsuits. Depending on the details of your situation, your Miami wrongful death lawyer may present evidence such as:
- Medical records
- Eyewitness testimony
- Police reports
- Expert testimony
- Defendant’s statements
- Evidence of negligence
- Financial records
- Surveillance and video footage
The right evidence helps show how the actions of the at-fault party caused the death and how the incident has impacted your life. Our Miami wrongful death lawyers will gather the relevant evidence and present it clearly to support your case.
Contact a Miami Wrongful Death Lawyer Today
You don’t have to navigate this difficult time alone. At Bernheim Kelley Injury Lawyers, we’re here to fight for the justice and compensation you deserve. We take every case personally and are committed to doing everything we can to help you through this difficult time.
Our results speak for themselves. With over $1 billion in verdicts and settlements, we’ve proven our ability to achieve Real Justice for our clients.
Contact the Miami wrongful death lawyers at Bernheim Kelley Injury Lawyers today online or at (305) 617-1111 for a FREE case evaluation. Our Miami office proudly serves clients throughout Miami-Dade County and Southeast Florida.