Miami Wrongful Death Attorney
When Negligence Takes a Life, Your Family Deserves Answers.
Losing a loved one is devastating. When that loss results from someone else's negligence or wrongful conduct, surviving family members may also face unexpected funeral expenses, lost financial support, and uncertainty about the future.
Nodarse Law helps families understand their rights under Florida's Wrongful Death Act and evaluate their legal options following the loss of a loved one.
What Qualifies as a Wrongful Death?
Under Florida Statute § 768.19, a wrongful death claim may arise when a person's death results from another party's wrongful act, negligence, default, or breach of contract or warranty, and the circumstances would otherwise have supported a legal claim.
These cases may involve:
Car, truck, and motorcycle accidents
Medical negligence
Dangerous property conditions
Defective products
Other incidents involving negligence or wrongful conduct
Who Can File a Wrongful Death Claim in Florida?
Under Florida Statute § 768.20, the personal representative of the deceased person's estate brings the wrongful death action on behalf of eligible survivors and the estate.
Depending on the circumstances, eligible survivors may include a spouse, children, parents, or other qualifying relatives as defined by Florida law.
What Compensation May Be Available?
Depending on the circumstances and the survivor's relationship to the deceased, recoverable damages may include:
Lost financial support and services
Loss of companionship and protection for a surviving spouse
Loss of parental companionship, instruction, and guidance for eligible children
Mental pain and suffering for qualifying survivors
Medical and funeral expenses, when legally recoverable
Certain losses recoverable by the estate, including qualifying lost earnings and prospective net accumulations
Florida law distinguishes between damages belonging to survivors and those recoverable by the estate. The damages available depend on the specific circumstances and applicable statutory requirements.
What Should You Do After Losing a Loved One?
Preserve relevant records. Keep accident reports, medical records, photographs, insurance information, and other available evidence.
Keep expense records. Save funeral bills, medical expenses, and documentation of lost financial support.
Be cautious with insurance settlements. Understand the potential consequences before signing a release or accepting an offer.
Seek legal guidance promptly. An attorney can help identify potential claims, determine who may bring the action, and explain the applicable deadlines.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Florida?
Florida generally imposes a two-year statute of limitations for wrongful death actions, subject to exceptions. Certain circumstances may involve different rules, so prompt legal evaluation is important.
Can I file a claim if my loved one was partly responsible?
Potentially. Florida's comparative-fault rules and the circumstances of the incident may affect whether a claim can proceed and the amount recoverable.
Can the family recover for the pain and suffering of the deceased?
Florida's Wrongful Death Act provides certain damages for eligible survivors' own mental pain and suffering. This is distinct from a claim for the deceased person's own pain and suffering, which generally does not survive as a separate personal-injury action when the injury results in death under § 768.20. The specific facts and any applicable exceptions must be evaluated.
Contact Nodarse Law About a Wrongful Death Claim
No legal action can replace someone you love. However, understanding your family's rights may help you make informed decisions about the road ahead.
Nodarse Law can evaluate the circumstances of your loss and explain the legal options that may be available under Florida law.
Contact Nodarse Law to discuss your situation and learn about the next steps.