Miami Wrongful Death Attorneys

Trying to cope with the sudden death of a family member can almost be too much to bear. This is especially true when there are medical expenses, funeral expenses, and arrangements to handle after losing someone so close to you.

It’s important to develop a support system that can help you accomplish the tasks that must be accomplished after a death in the family. Hiring a skilled wrongful death attorney, like those at Amanda Demanda Injury Lawyers in Miami, can help.

We understand that no amount of legal action or financial compensation can make up for the terrible tragedy you have endured. However, by filing a wrongful death lawsuit, you can work to hold the liable party accountable and seek the justice you and your family deserve. A fair settlement or jury verdict can provide the financial resources you need to manage unexpected costs and begin moving forward. Contact our Miami personal injury lawyers today using our secure contact form. Your initial consultation is free! Hablamos español.

What Is Wrongful Death?

The Florida wrongful death statute defines “wrongful death” as the death of an individual caused by the “legal fault” of another person or party.

Wrongful death lawsuits can arise from the following types of incidents:

• Motor vehicle accidents: unsafe property conditions and other negligence-based incidents
• Medical malpractice: including misdiagnosis, delayed treatment, birth injuries, and more
• Defective products: including defective drugs and medical devices, consumer goods, and more
• Violent crimes: manslaughter, homicide, murder, and other acts of violence

When someone’s negligent or wrongful conduct causes the death of your family member, it is important to call on a skilled Miami wrongful death attorney who has a track record handling these types of cases. Your attorney can help you fight for the compensation that you and your family need to move forward.

How Common Is Wrongful Death?

Many people do not realize just how common wrongful deaths are. Millions of people die due to preventable accidents, tragedies, and acts of violence every year. Thousands of defective consumer items are recalled annually, often only after fatal accidents have occurred. Medical malpractice is the third leading cause of death in the United States, and in Florida alone, it accounts for more than 10,000 deaths every year.

Even more shocking, tens of thousands of Americans lose their lives each year as a result of alcohol-related vehicle collisions. In 2021, the National Highway Traffic Safety Administration (NHTSA) reported that 42,915 people died in traffic accidents nationwide — a 16-year high for accident-related fatalities in the U.S. Almost all of these fatalities are what Florida law considers “wrongful” deaths.

The loss of a family member causes profound anguish. Many of us don’t know where to turn at such a difficult time or how to acquire the resources to move ahead with our lives. The team at Amanda Demanda Injury Lawyers can help. Based in Miami, we serve clients throughout South Florida, providing dedicated and client-focused support every step of the way.

Why Should a Family File a Claim for Wrongful Death?

Filing a claim for wrongful death cannot assuage the grief your family will feel after such a sudden loss. However, a wrongful death claim can help survivors pay their unexpected expenses and avoid sudden financial hardship.

A successful wrongful death case can also bring about a much-needed sense of justice for surviving family members. This is especially true if the person or party that caused the death did not face any criminal consequences. Criminal prosecutions are entirely separate legal proceedings, and the outcome of a criminal case against the defendant does not necessarily affect the outcome of your civil wrongful death claim.

Who may bring a claim for wrongful death in this state? What kind of compensation should they expect? What is the deadline for filing? Read on to find the important answers Florida families need to know.

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

Under Florida law, surviving family members have two years from the date of death to file a wrongful death claim. This deadline is established by Florida’s statute of limitations and was reaffirmed following the 2023 tort reform changes. Missing this deadline typically means losing the right to pursue compensation, regardless of how strong the case may be.

Because evidence can fade and witnesses’ memories can change over time, it is critical to contact a Miami wrongful death attorney as soon as possible. The sooner a legal team begins investigating, the stronger your case will be. If the death involved a Florida government entity, the notice deadline may be even shorter — which is another reason to act quickly.

What Is the Process of Filing a Wrongful Death Claim?

Many states let any dependent or immediate relative file a claim for wrongful death. Here in Florida, however, a wrongful death action must be initiated by the personal representative of the decedent’s estate.

A person’s estate includes everything the person owns, passed on to those named in their will. In the absence of a will, the estate goes to the spouse and/or children, or to other relatives if there is no spouse or children. If there are no relatives, it goes to the state. If no representative was designated by the decedent, a Florida court will appoint one — usually an immediate family member.

Who Can File a Wrongful Death Claim in Florida?

The only person with the legal right to file a wrongful death claim in Florida is the personal representative of the victim’s estate. This may be someone appointed by the victim before their death or someone appointed by the court after the victim’s death.

The personal representative files the claim on behalf of all surviving family members of the victim. All damages recovered are distributed among eligible survivors according to Florida’s wrongful death statute.

What Does It Take to Win a Wrongful Death Claim?

Wrongful death claims in Florida are comparable in many ways to personal injury claims. The plaintiff’s lawyer must prove these four elements:

• Duty of care: the defendant owed a duty of care to the deceased
• Breach of duty: the defendant breached that duty through negligence
• Causation: that negligence directly caused the death
• Damages: the survivors’ losses are quantifiable and demonstrable

Along with compensatory damages, in some cases a Florida court may order a negligent party to pay punitive damages to surviving family members. Punitive damages are intended as punishment so that the negligent behavior doesn’t happen again, and are typically only awarded in cases involving egregious violations of duty, gross negligence, or intent to cause harm.

Contact Amanda Demanda Injury Lawyers for Your Miami Wrongful Death Case

When your family has suffered an unimaginable loss due to someone else’s negligence, you deserve legal representation that will fight for the justice and compensation you are owed. The attorneys at Amanda Demanda Injury Lawyers have the knowledge and dedication to take on complex wrongful death cases throughout Miami and South Florida, with all services provided on a contingency fee basis — meaning you pay nothing unless we win.

Florida’s two-year statute of limitations means time is limited, and building a strong wrongful death claim requires acting quickly. Fill out our secure online contact form to schedule your free consultation with our Miami wrongful death attorneys today.

Frequently Asked Questions About Wrongful Death Claims in Miami

The questions below address the most common concerns we hear from families pursuing wrongful death claims in Miami and South Florida.

If your question isn’t answered above, reach out directly through our contact form — our Miami wrongful death attorneys offer free consultations and are here to help.