Wrongful Death Lawsuit in Miami

What to Know About a Wrongful Death Lawsuit in Miami

The loss of a loved one due to someone else’s negligence or intentional actions is a devastating experience. A wrongful death lawsuit in Miami can provide families and beneficiaries a way to seek justice and compensation for their loss. If you’ve lost a loved one in Miami due to wrongful or accidental death, it’s important to understand your rights and how the legal process works under Florida law if you want to hire a Miami wrongful death lawyer for your case.

This guide explains the key aspects of filing a wrongful death lawsuit in Miami, including the types of cases, the role of probate, recoverable damages, eligible beneficiaries, and Florida’s strict time limits.

Types of Wrongful Death Cases in Miami

Wrongful death cases may arise when someone’s negligence, recklessness, or intentional act results in the death of another person. Common types of wrongful death cases in Miami include:

• Car Accidents: Negligent or reckless drivers causing fatal car, truck, or motorcycle crashes.
• Medical Malpractice: Deaths resulting from misdiagnosis, surgical errors, or improper medical treatment.
• Workplace Accidents: Fatal injuries caused by unsafe work environments or defective equipment.
• Premises Liability: Deaths caused by dangerous conditions on someone else’s property, such as drowning in an unsafe pool or a fall from unsafe structures.
• Criminal Acts: Homicides, assaults, or other intentional acts leading to death.
• Product Liability: Deaths caused by defective or dangerous products, such as malfunctioning medical devices or recalled consumer goods.

Each type of case requires thorough investigation to determine liability and build a strong case for compensation.

Car Accidents Leading to Wrongful Death in Miami

Car accidents are one of the leading causes of wrongful deaths in Miami. When a driver acts negligently or recklessly—by speeding, texting, driving under the influence, or disobeying traffic laws—the consequences can be fatal. Families who lose a loved one in a Miami car accident may file a wrongful death lawsuit to seek justice and compensation.

Examples of Miami Car Accident Wrongful Death Cases:

• A distracted driver causes a fatal collision on I-95.
• A drunk driver strikes a pedestrian in Downtown Miami.
• A commercial truck crashes into a passenger vehicle on the Dolphin Expressway.

Filing a wrongful death claim for a car accident in Miami involves investigating the cause of the crash, determining liability, and calculating damages. An attorney can help gather evidence, such as police reports, witness statements, and traffic camera footage, to build a strong case.

Medical Malpractice Wrongful Death in Miami

Medical errors are a common cause of wrongful death in Miami. When healthcare providers fail to meet the standard of care, patients may suffer life-threatening complications. Medical malpractice claims often involve complex legal and medical issues, often making it critical to consult an experienced Miami wrongful death attorney.

Examples of Miami Medical Malpractice Cases:

• A delayed diagnosis of cancer that results in the patient’s death.
• A surgeon leaves a foreign object in the patient’s body, causing fatal complications.
• A hospital’s failure to monitor a patient properly after surgery leads to death.

Proving medical malpractice in Miami requires expert testimony to demonstrate that the healthcare provider’s negligence directly caused the death. Compensation can help families cover medical bills, funeral costs, and the emotional pain of losing a loved one.

Workplace Accidents and Wrongful Death in Miami

Workplace environments, particularly in industries like construction, maritime, and manufacturing, can pose significant risks to employees. When an employer’s negligence, such as failing to provide proper safety equipment or maintain safe working conditions, leads to a fatal accident, the victim’s family may file a wrongful death lawsuit in Miami.

Examples of Miami Workplace Wrongful Death Cases:

• A construction worker falls from scaffolding on a high-rise project in Brickell.
• A dockworker suffers fatal injuries due to defective equipment at the Port of Miami.
• An employee is exposed to toxic chemicals in an unregulated workplace.

In many Miami workplace wrongful death cases, third-party claims can also be filed against equipment manufacturers or subcontractors who contributed to the unsafe conditions. An attorney can evaluate the circumstances to determine all liable parties.

Premises Liability Wrongful Death in Miami

Premises liability cases involve deaths caused by dangerous or unsafe conditions on someone else’s property. In Miami, property owners have a legal duty to maintain their premises in a reasonably safe condition and warn visitors of known hazards. Failing to meet this duty can result in tragic accidents.

Examples of Miami Premises Liability Wrongful Death Cases:

• A child drowns in a pool at an apartment complex without proper fencing or supervision.
• A customer slips and falls on a wet floor at a Miami grocery store, leading to fatal injuries.
• A structural collapse at a Miami hotel results in a visitor’s death.

Proving liability in Miami premises liability cases often involves demonstrating that the property owner knew or should have known about the hazardous condition and failed to address it. Compensation can cover funeral expenses and the emotional toll on the family.

Criminal Acts Resulting in Wrongful Death in Miami

In Miami, wrongful death claims can also stem from criminal acts, such as assaults, shootings, or other intentional violence. While the criminal justice system seeks to punish offenders, a wrongful death lawsuit provides the victim’s family a way to pursue financial compensation.

Examples of Miami Criminal Wrongful Death Cases:

• A fatal shooting at a nightclub in Wynwood.
• A domestic violence incident that leads to the death of a family member.
• A hit-and-run driver intentionally striking a pedestrian in Little Havana.

Unlike criminal cases, wrongful death lawsuits focus on compensating the family rather than proving guilt beyond a reasonable doubt. Even if the perpetrator is not convicted in criminal court, the family may still pursue a wrongful death claim in civil court.

Product Liability Wrongful Death in Miami

Defective or dangerous products can cause fatal injuries to consumers, leading to product liability wrongful death claims in Miami. Manufacturers, distributors, and retailers can be held accountable if their negligence or oversight results in a defective product reaching the market.

Examples of Miami Product Liability Wrongful Death Cases:

• A defective airbag fails to deploy during a car accident, causing fatal injuries.
• A faulty medical device, such as a pacemaker, leads to a patient’s death.
• A dangerous children’s toy causes a fatal choking incident.

Product liability wrongful death claims in Miami often involve extensive investigation and expert analysis to prove that the product was defective and directly caused the death. Families may recover damages for medical expenses, funeral costs, and loss of companionship.

Each type of wrongful death case in Miami presents unique challenges and requires specific evidence to establish liability. If you’ve lost a loved one due to someone else’s negligence, it’s essential to consult an experienced Miami wrongful death attorney who can guide you through the legal process and fight for the justice your family deserves.

For more information or a free consultation, contact the Law Offices of Jason Turchin at 800-337-7755. You won’t pay any fees or costs unless we win or settle your case. Let us help you seek justice and secure the compensation your family needs.

How Probate Works in a Wrongful Death Case

In Florida, wrongful death claims are closely tied to the probate process. The decedent’s estate plays a central role in managing and distributing the compensation awarded in a wrongful death lawsuit.

1. Role of the Personal Representative:
   A wrongful death lawsuit must be filed by the personal representative of the decedent’s estate, who is typically named in the decedent’s will. If there is no will, the court appoints a personal representative. The personal representative acts on behalf of the estate and the beneficiaries.
2. Compensation and Distribution:
   Any compensation recovered in a wrongful death lawsuit is distributed to eligible beneficiaries under the Wrongful Death Act through the probate process. While some damages are awarded directly to the beneficiaries, others, such as funeral expenses, may be allocated to the estate.
3. Why Probate Matters:
   The probate process ensures that all valid claims against the decedent’s estate, such as debts or expenses, are resolved before distributing the remaining assets and compensation to the beneficiaries. A Miami wrongful death attorney can help navigate the probate and legal processes simultaneously.

Damages Recoverable in a Miami Wrongful Death Lawsuit

Florida’s Wrongful Death Act outlines the types of damages beneficiaries can recover in a wrongful death case. These damages are designed to compensate for both the financial and emotional losses caused by the death. Common damages include:

Economic Damages:

• Medical expenses incurred before the death.
• Funeral and burial expenses.
• Loss of income and benefits the decedent would have provided.
• Loss of support and services, such as childcare or household contributions.

Non-Economic Damages:

• Pain and suffering of the surviving family members.
• Loss of companionship, protection, and guidance.
• Emotional distress experienced by the beneficiaries.

Punitive Damages:

• In cases involving egregious negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

Who Can Be a Beneficiary in a Wrongful Death Case?

Florida law defines specific individuals who are eligible to recover damages in a wrongful death case. These beneficiaries typically include:

• Immediate Family Members: The decedent’s spouse, children, and parents.
• Dependent Relatives: Blood relatives or adoptive siblings who were dependent on the decedent for support.

Each beneficiary’s eligibility depends on the relationship to the decedent and the type of damages being claimed. For example:

• Spouse: May recover damages for loss of companionship and protection.
• Minor Children: May recover for loss of parental guidance and emotional support.
• Parents of a Minor Child: May recover for emotional pain and suffering.

Determining eligibility can be complex, especially in blended families or disputes among potential beneficiaries. An experienced attorney can help ensure all eligible beneficiaries are included in the claim.

Time Limit to File a Wrongful Death Lawsuit in Florida

Florida imposes a strict statute of limitations on wrongful death lawsuits. Under Florida Statutes § 95.11, the personal representative must file a wrongful death lawsuit within two years of the date of death.

• Exceptions to the Rule:
  In rare cases, the statute of limitations may be extended if there was fraud or concealment of the cause of death. For example, if a manufacturer concealed a product defect that led to the death, the time limit may be extended.
• Importance of Acting Quickly:
  Failing to file a lawsuit within the two-year window will likely result in the claim being barred, leaving the beneficiaries without legal recourse.

Contact a Miami Wrongful Death Attorney for Help

Filing a wrongful death lawsuit in Miami often involves navigating complex legal, financial, and emotional challenges. At the Law Offices of Jason Turchin, our compassionate and experienced attorneys can guide you through every step of the process, from filing the lawsuit to managing probate and ensuring eligible beneficiaries receive the compensation they deserve.

Call us today at 800-337-7755 for a free consultation, or use our live chat feature to speak with a representative. You won’t pay any fees or costs unless we win or settle your case.

Let us help you seek justice and secure the financial support your family needs during this difficult time.