Kendall Wrongful Death Lawyer

Families in Kendall who have just lost someone to another party’s carelessness are facing a set of decisions they never expected to make, and some of them carry deadlines that start running before the funeral is over. Spencer Morgan Law handles personal injury and wrongful death claims for families in Kendall, throughout Miami-Dade County, and across the State of Florida, and a Kendall wrongful death lawyer at the firm can walk a family through what the law allows and what it requires.

A wrongful death claim in Florida is not a single lawsuit for one person’s benefit. It is a statutory action brought for the survivors and the estate together, and the law divides what can be recovered into two categories: damages that belong to the surviving family members, and damages that belong to the estate. Who counts as a survivor, what each of them can recover, and which deadline governs the case all depend on how the person died. A fatal crash on Kendall Drive, a death after a surgical error, a fall at a shopping center, and a worker killed on a job site each follow different rules from the first day.

Cases like these tend to move through distinct stages: an investigation period in which evidence is secured, a pre-suit stage that varies by type of claim, the filing of a complaint that names every beneficiary, discovery, and then mediation or trial. Understanding that sequence early helps families decide when to act and what to hold off on, particularly when an insurance adjuster calls within days of the death.

What Kinds of Deaths Lead to Wrongful Death Claims in Kendall

• Fatal Automobile Collisions: Kendall sits between heavy commuter corridors, and crashes on roads such as Kendall Drive, the Florida Turnpike, and the Don Shula Expressway can involve multiple vehicles and multiple insurance policies. Florida’s no-fault system pays a $5,000 death benefit through personal injury protection regardless of fault, but that is separate from, and far smaller than, a claim against the at-fault driver.
• Semi-Truck and Commercial Vehicle Crashes: Trucks moving freight through Miami-Dade bring in drivers, carriers, and sometimes loading or maintenance companies as potential defendants. Because Florida apportions fault to each liable party individually rather than holding them jointly responsible, identifying every contributor matters to the size of the recovery.
• Medical Malpractice Deaths: Fatal misdiagnosis, surgical errors, and hospital failures carry their own procedural path, including a presuit notice and a 90-day period before suit can be filed. Florida also limits which family members can recover certain noneconomic damages when a death results from medical negligence, so adult children and parents of adult decedents face restrictions that do not apply in other kinds of cases.
• Premises Liability and Fatal Falls: Deaths following falls in stores, parking lots, apartment complexes, and malls can support a wrongful death claim when a property owner failed to fix or warn about a hazard. Evidence in these cases, such as surveillance footage and maintenance logs, can be overwritten quickly.
• Negligent Security and Violent Crime on Private Property: When someone is killed in an apartment complex or business with inadequate security, the property owner may share fault. Florida law gives certain apartment owners who meet statutory security requirements a presumption against liability, and fault must be apportioned among everyone who contributed, including the criminal.
• Workplace Fatalities: A death on a construction site or in another workplace usually triggers workers’ compensation, which includes a death benefit for dependents, but a third party such as an equipment maker, contractor, or negligent driver may also be sued in a separate wrongful death action.
• Maritime and Watercraft Deaths: Biscayne Bay and the waters off Miami-Dade see heavy recreational and commercial traffic, and a fatal boating or maritime incident can raise questions about which body of law governs the claim.
• Rideshare, Bicycle, and Pedestrian Fatalities: Vulnerable road users and passengers in ride-share vehicles are frequently killed by distracted or impaired drivers, and these cases can involve both the driver’s personal coverage and company-level insurance.

How a Florida Wrongful Death Case Is Built and Valued

Florida’s Wrongful Death Act allows a lawsuit when a death is caused by the wrongful act, negligence, or default of another person or business, in circumstances where the deceased could have brought their own injury claim had they lived. The lawsuit is filed by the personal representative of the estate, and the complaint must identify every person who may share in the recovery, including the estate itself, and describe each one’s relationship to the person who died. Getting that list right at the outset avoids disputes later.

What a family can recover is divided by statute. Survivor damages go to people who depended on or were closely tied to the decedent. A surviving spouse may recover for the loss of the decedent’s companionship and protection and for mental pain and suffering. Parents of a deceased minor child may recover for their own mental pain and suffering. Estate damages cover items such as lost earnings and medical or funeral expenses, depending on who survives. Which categories are open to which relatives is set by the statute rather than by what the family feels is fair, which is why the identification of beneficiaries shapes the case from the beginning.

Fault is the other half of valuation. Florida now bars recovery in most negligence cases when the injured person was more than 50 percent responsible for their own harm, and where the person was 50 percent or less at fault, the award is reduced by that percentage. That bar does not apply to wrongful death claims arising from medical negligence under chapter 766. Defendants in fatal crash cases often try to shift blame to the person who died, since there is no one left to give an account, so reconstructing events from physical evidence, data from the vehicle, witness statements, and records becomes the heart of the liability case.

Medical bills presented in a wrongful death action are also subject to rules that changed with recent reforms. If the decedent was treated under a letter of protection, meaning a provider agreed to wait for payment from the eventual settlement or judgment, the claimant must disclose that arrangement, including any referral that led to the treatment, before claiming those expenses. Where the decedent had health coverage other than Medicare or Medicaid, evidence of what that coverage was obligated to pay can be admitted. These provisions affect how end-of-life medical costs are proven and how much of them a jury sees.

Why Kendall Families Choose Spencer Morgan Law

The work that bears most directly on a fatal-injury claim is the high-value, serious-injury litigation the firm has taken on: a $1,000,000 semi-truck crash result, a $1,000,000 auto accident settlement, an $850,000 slip and fall settlement, and an $800,000 maritime accident recovery. Those outcomes reflect the kinds of defendants and insurers that wrongful death cases usually involve, from commercial carriers to property owners to maritime operators.

Clients consistently describe the firm in the same terms: prompt replies to calls and emails, plain explanations of each stage, and a staff that treats people kindly during the worst stretch of their lives. One client wrote that every step of the case was explained in the best possible way, and another noted that the firm kept them updated frequently and answered every question. For a family trying to understand a process they have never been through, that level of communication is part of the representation itself.

The firm works on a contingency basis, so you do not pay unless there is a recovery, and consultations are confidential. Spanish-language services are available for families who prefer to discuss their loss and their case in Spanish. The firm also helps clients with the practical fallout of a serious loss, including resolving medical bills and dealing with insurance companies, so that families are not handling those pressures alone while they grieve.

What to Do in the Weeks After a Death Caused by Someone Else

The first priority is preserving evidence that disappears quickly. Photographs of the scene, the vehicles, and any hazard should be taken or collected by someone who can do so safely. Business surveillance footage is often overwritten within days, and a written request to preserve it should go out early. Obtain the police or crash report, keep every medical record and bill, and save any messages, photos, or paperwork connected to the death. Avoid giving a recorded statement to an insurance adjuster before speaking with a lawyer, and do not sign releases or accept a quick offer, since a wrongful death claim can only be resolved once.

The deadline most families need to know is two years from the date of death for a typical wrongful death action. That period was previously cited under a different subsection and is now found at section 95.11(5)(e) of the Florida Statutes. Different rules apply in certain situations. A death caused by murder or manslaughter, for example, has no deadline against the individual who committed it. When the defendant is a government entity, a written claim must be presented to the Department of Financial Services within two years of a death, and the agency generally has 180 days to respond before a suit can proceed. Government liability is also capped by statute at $200,000 per person and $300,000 per incident, and exceeding those caps requires a claim bill passed by the Legislature.

If the death followed medical care, a notice of intent to initiate litigation must be served within the same limitations period, and serving it pauses the clock for all potential defendants during a 90-day investigation window. Suit cannot be filed in that window, and by its end the prospective defendant or its insurer must reject the claim, make an offer, or propose arbitration on damages alone with liability admitted. If the death was work-related, the employer should be notified promptly, and Florida’s workers’ compensation law sets its own reporting and petition deadlines that run separately from the wrongful death clock.

For a Kendall case, the matter will typically be filed in the Eleventh Judicial Circuit, which serves Miami-Dade County, since wrongful death claims almost always exceed the amount that county court can hear. Circuit civil cases are heard in the Miami-Dade court system centered in downtown Miami, and appeals go to the Third District Court of Appeal, which also sits in Miami. Opening a probate estate and having a personal representative appointed is usually a necessary early step, because only that representative can bring the claim. A common mistake is waiting to speak with a lawyer until the funeral and probate questions are settled; by then, evidence may be gone and the family may already have dealt with an insurer.

Common Questions About Wrongful Death Claims in Kendall

Who can file a wrongful death lawsuit in Florida?

Only the personal representative of the decedent’s estate can bring the action. That person files on behalf of the survivors and the estate, and the complaint must list every beneficiary and describe how each one is related to the person who died.

How long do we have to file?

The general rule is two years from the date of death. Exceptions exist, including different timing for deaths caused by murder or manslaughter, and separate written-claim requirements when the defendant is a government agency. Because the right deadline depends on the facts, it is worth confirming early.

Who receives the money from a wrongful death recovery?

The recovery is divided among the eligible survivors and the estate according to the damages the statute allows each of them. A surviving spouse, minor children, and parents of a minor child can generally recover for their own losses, while adult children and parents of an adult decedent face limits in some cases, particularly when a death results from medical malpractice.

What kinds of damages are available?

Survivor damages can include loss of companionship and protection, mental pain and suffering for eligible family members, and loss of support. The estate can recover items such as medical and funeral expenses and, in some circumstances, lost earnings. What each person can claim depends on their relationship to the decedent.

Does Florida’s no-fault insurance affect a wrongful death claim after a car crash?

Personal injury protection pays a $5,000 death benefit regardless of who caused the crash, but it does not limit a claim against the at-fault driver. The two operate separately, and a wrongful death claim seeks far more than the PIP benefit.

What if my loved one was partly to blame for the crash or accident?

Florida bars recovery in most negligence cases when the injured person was more than 50 percent at fault, and reduces the award by their share when they were 50 percent or less at fault. That bar does not apply to wrongful death claims arising from medical negligence. Because defendants often point at the person who died, careful investigation of what actually happened is critical.

Can we sue if the death involved a hospital or doctor?

Yes, but these cases follow a special pre-suit process. A notice of intent must go to each prospective defendant, suit cannot be filed for 90 days afterward, and the limitations clock is paused for all potential defendants during that window. Florida also restricts certain noneconomic damages for adult children and parents of adult decedents in these cases.

Is it worth pursuing a claim when the at-fault driver had minimal insurance?

It can be. Other policies may apply, including the decedent’s own coverage, an employer’s policy, a commercial carrier, or a property owner’s liability insurance. In one of the firm’s published results, a family recovered through three separate insurance policies, which illustrates why a full search for coverage matters.

What if the death happened on an apartment property or at a business and involved a crime?

Property owners can be held responsible when inadequate security contributes to a death, but Florida gives certain multifamily owners a presumption against liability if they have substantially implemented required security measures, and the owner carries the burden of showing that. Fault is also apportioned to everyone who contributed, including the person who committed the crime, so these cases require early evidence gathering.

Can a bar or restaurant be responsible if a drunk driver killed someone?

Florida’s dram shop law is narrow. A licensed seller is generally not liable for a customer’s intoxication-caused injuries unless it knowingly served someone who was under the legal drinking age or someone habitually addicted to alcohol. Social hosts are not covered by the statute at all, so these claims turn on specific facts.

Will we have to pay legal fees up front?

No. Spencer Morgan Law handles injury and wrongful death cases on a contingency basis, which means you do not pay unless the firm recovers compensation for your family. Initial consultations are confidential.

How long does a wrongful death case usually take?

Timelines vary with the number of defendants, how strongly liability is disputed, and whether a government entity or medical provider is involved. Cases with pre-suit requirements or contested fault generally take longer than those with clear liability and adequate insurance, and the firm keeps families informed of where things stand throughout.

Serving Wrongful Death Families Across Kendall and Miami-Dade County

Spencer Morgan Law represents families who have lost someone in Kendall and the surrounding communities of Miami-Dade County. That includes neighborhoods and municipalities such as Kendall Lakes, The Hammocks, Westchester, Sunset, Pinecrest, Palmetto Bay, and Cutler Bay, along with South Miami, Coral Gables, Miami, and Doral. Families in Homestead, Florida City, Hialeah, Miami Gardens, North Miami, Miami Beach, and Key Biscayne also turn to the firm, as do residents of unincorporated areas throughout the county.

Because fatal crashes, premises failures, and medical errors do not stay within neighborhood lines, the firm also handles cases for clients across the State of Florida. Whether a death occurred on a Miami-Dade roadway, at a property in the county, or on the water off its coast, the same attention to evidence, deadlines, and the needs of the surviving family applies. Spanish-language services are available for families who wish to work in Spanish.

Speak With a Kendall Wrongful Death Attorney Today

Losing someone to another party’s negligence leaves families with grief and a short list of legal choices that cannot wait indefinitely. A Kendall wrongful death attorney at Spencer Morgan Law can review what happened, explain which deadlines and rules apply to your situation, and tell you plainly what a claim may involve. The consultation is confidential, and there is no fee unless the firm recovers for your family. Call today to talk through your next steps.