Miami-Dade County Wrongful Death Lawyer

A Florida wrongful death claim is not one lawsuit with one pool of money. It is two categories of recovery, belonging to different people, governed by different rules, and filed by a single person who must name everyone entitled to share. Miami-Dade County wrongful death lawyer searches usually come from families who are still planning a funeral and have just learned that a legal clock is already running. Spencer Morgan Law handles fatal accident and negligence claims for families in Miami-Dade County and across the State of Florida, including deaths from car crashes, truck collisions, falls, workplace accidents, boating incidents, and medical negligence.

The strict timeline is the first surprise. For most wrongful death cases, the window to file is two years from the date of death, and a different, shorter-feeling process applies when a government vehicle, public property, or a county agency is involved. The second surprise is who actually collects. Florida law sorts survivors into groups, and whether a spouse, a young child, a parent, or an adult child can recover for grief and lost companionship depends on the relationship and on how the death happened.

What a Family Should Do in the Weeks After a Fatal Accident in Miami-Dade

Start with preservation. Fatal crashes and falls generate evidence that disappears quickly: surveillance video on a retail or apartment property is often overwritten within days, a wrecked vehicle’s event data can be lost when it is sent to salvage, and witnesses move on. Ask the police agency that responded, whether that was a municipal department or a county agency, for the crash or incident report number, and write down the names of anyone who stopped to help. If the death followed a hospital stay, request the complete medical chart rather than a summary. Keep every bill, every pay stub for the person who died, and any photographs of the scene.

Do not give a recorded statement to an insurance adjuster. Adjusters often call within days, sound sympathetic, and ask questions that later get quoted back to limit what the family can claim. You can decline politely and refer them to a lawyer. Likewise, be cautious about signing anything labeled a release or accepting an early payment, because a signed release can end a claim that was worth far more.

The legal steps run on a calendar. A wrongful death action generally must be filed within two years of the date of death. Cases that began as ordinary negligence claims follow that two-year rule, and the shorter negligence deadline adopted in 2023 applies to claims that arose after the change. If the death resulted from medical negligence, there is a separate pre-suit process: a notice of intent must be served on each prospective defendant, the suit cannot be filed until 90 days after notice is delivered, and the limitations period is tolled during those 90 days. The defendant or its insurer must answer within that period by rejecting the claim, offering to settle, or offering arbitration limited to damages.

When a government entity may be responsible, such as a county vehicle, a public road defect, or a public hospital, the rules shift again. A written claim must be presented to the Department of Financial Services within two years for a wrongful death, the agency generally has 180 days to respond before a suit can proceed, and damages are limited to $200,000 per person and $300,000 per incident, with no punitive damages. Recovering above that cap requires a claim bill passed by the Legislature. These claims are easy to forfeit through delay, so they deserve a lawyer’s attention early.

Civil cases worth more than $50,000 are heard in the circuit court of the Eleventh Judicial Circuit, which serves Miami-Dade County and sits in Miami. That court is the largest circuit in Florida, and appeals go to the Third District Court of Appeal, also in Miami. Filing in the right court and naming the right parties is something the family should not have to figure out alone.

Fatal Accident Types That Lead to Miami-Dade Wrongful Death Claims

• Car and Truck Collisions: High-speed corridors, heavy commercial traffic toward the port and airport, and constant interchange congestion produce fatal rear-end crashes, wrong-way collisions, and tractor-trailer impacts. Fatal truck cases often involve a driver, a carrier, and sometimes a cargo or maintenance company, and liability is divided by percentage of fault.
• Rideshare and Hit-and-Run Deaths: When a rideshare driver or a fleeing driver is involved, the insurance question becomes the case. Coverage may come from the driver, the platform, the victim’s own uninsured motorist coverage, or a combination.
• Pedestrian and Bicycle Fatalities: Pedestrians struck in crosswalks, parking lots, and along busy arterial roads, and cyclists hit by turning or passing vehicles, are frequent victims in a dense, tourist-heavy county.
• Falls and Premises Hazards: A fatal fall from a stairway, a roof, a balcony, or through a failed railing can create a claim against the owner, a property manager, or a contractor when a hazard was known or should have been corrected.
• Negligent Security: A death from a violent crime on a poorly secured property may support a claim against the owner or operator, though apartment buildings with at least five units can raise a statutory presumption against liability by showing they substantially implemented required security measures. Fault is also apportioned to all contributors, including the criminal.
• Boating and Maritime Deaths: Miami’s waterways, marinas, and cruise and cargo activity generate fatal watercraft collisions, falls overboard, and maritime workplace accidents, often governed by federal maritime rules in addition to Florida law.
• Workplace Fatalities: Construction, warehouse, and event-site deaths usually involve the workers’ compensation system for the employer, but third parties such as equipment makers, contractors, or property owners can sometimes be sued separately.
• Medical Negligence Deaths: Misdiagnosis, surgical errors, medication mistakes, and failures in rehabilitation or assisted living care can end in a fatal outcome and bring a distinct set of pre-suit requirements and damages rules.

Why Families Choose Spencer Morgan Law for Wrongful Death Claims

Spencer Morgan Law serves families throughout Miami-Dade County, the greater Miami area, and the State of Florida, and offers Spanish-language service for families who are more comfortable discussing a death in their own language.

The firm’s results show the scale of cases it has handled: a $1,000,000 semi-truck crash recovery, a $1,000,000 auto accident settlement, an $850,000 slip and fall settlement, and an $800,000 maritime accident recovery. Those outcomes matter in a wrongful death setting because the accident types behind them, commercial trucks, falls, and maritime incidents, are the same ones that cause fatalities. Clients also consistently describe being kept informed and getting prompt answers, with comments about calls returned and every step of the case explained.

Representation is on a contingency basis: you do not pay unless there is a recovery, and consultations are confidential. For families managing funeral costs and a lost income, that arrangement removes the cost barrier to asking hard questions. Spencer Morgan and his team also help with the practical problems around a fatal accident, such as sorting out medical bills and dealing with vehicle losses, so the family is not left coordinating all of it by phone.

Who Recovers, and for What, Under Florida’s Wrongful Death Statute

Florida divides wrongful death damages into two groups. Survivor damages go to people who depended on or were close to the person who died. A surviving spouse can recover for the loss of the decedent’s companionship and protection and for mental pain and suffering. Parents of a deceased minor child can recover for mental pain and suffering. Survivors may also recover lost support and services, along with certain medical and funeral expenses depending on who paid them. Estate damages are a separate category, covering items like lost earnings and net accumulations, and they belong to the estate rather than to individual family members.

The claim is brought by the personal representative of the estate, and the complaint must identify every potential beneficiary, including the estate, and allege each person’s relationship to the decedent. Errors here create delay, so getting the family tree and the probate appointment right at the start matters.

One limit surprises families: when the death was caused by medical malpractice, adult children aged 25 or older cannot recover certain noneconomic damages, and parents of an adult decedent cannot recover certain noneconomic damages for the loss. That limit does not exist in the same form for non-medical deaths, which is one reason the cause of death shapes the value of a claim. The old statutory caps on noneconomic damages in medical negligence cases were struck down by the Florida Supreme Court, so there is no enforceable cap on those damages in litigation.

How Fault Percentages and Insurance Affect a Fatal Accident Claim

Florida’s comparative fault rules can reduce or eliminate a recovery. In a typical negligence case, a plaintiff found more than 50 percent at fault recovers nothing, and at 50 percent or less the award is reduced by that percentage. That bar does not apply to wrongful death actions arising from medical negligence. Each defendant pays only its own share of fault; there is no joint and several liability, so identifying every responsible party can decide how much a family can actually collect.

Insurance rules matter too. Florida is a no-fault state for car accidents, and personal injury protection pays 80 percent of medical expenses and 60 percent of lost wages up to $10,000, plus a $5,000 death benefit. PIP only pays medical benefits if care began within 14 days of the crash, and the full $10,000 is available only when a qualified provider certifies an emergency medical condition; otherwise the cap is $2,500. PIP does not replace a wrongful death claim, which looks to the at-fault party’s liability coverage and any available underinsured motorist coverage.

How medical bills are proven also changed. In a wrongful death action, a claimant relying on treatment under a letter of protection must disclose that arrangement and, among other things, whether the provider referred them. Evidence about what health insurance actually paid can also come in. These disclosure rules affect how claims are presented and valued, and an attorney should structure care and documentation with them in mind.

Wrongful Death Questions Miami-Dade Families Ask

How long do we have to file a wrongful death lawsuit in Florida?

In most cases, two years from the date of death. Claims against a government entity require a written claim presented to the Department of Financial Services within two years, and medical negligence cases require a pre-suit notice within the same time limits. Missing the deadline usually ends the claim permanently.

Who is allowed to file the lawsuit?

The personal representative of the decedent’s estate files on behalf of all survivors and the estate. If no estate has been opened, that is often the first step. The complaint must list every beneficiary and describe each one’s relationship to the person who died.

What is the difference between survivor damages and estate damages?

Survivor damages compensate family members for their own losses, such as lost support, companionship, and mental pain and suffering. Estate damages belong to the estate and cover losses like the decedent’s lost earnings. They are calculated separately and distributed to different people.

Can a surviving spouse and children both recover?

Yes, depending on the facts. A spouse can recover for loss of companionship and protection, and children may recover for their own losses under the statute, subject to age-based rules. The total recovery is allocated among the survivors, often by agreement or by court approval.

Is a wrongful death case different from a criminal case?

Yes. A criminal prosecution is brought by the state and seeks punishment. A wrongful death case is a civil claim brought by the estate seeking money. A civil case can proceed whether or not charges are filed, and an acquittal does not automatically block a civil claim. Notably, there is no filing deadline when the death was a murder or manslaughter and the defendant is a natural person.

What if the person who died was partly at fault?

Fault is divided among everyone involved. If the decedent is found more than 50 percent at fault in a typical negligence case, the family recovers nothing; at 50 percent or less, damages are reduced proportionally. Medical negligence deaths are exempt from the 50 percent bar, which is another reason the cause of death matters.

Can we sue a bar or restaurant that served the driver who killed our relative?

Only in narrow situations. Florida’s dram shop law generally protects licensed alcohol sellers, with exceptions for knowingly serving someone habitually addicted to alcohol or willfully serving someone under the legal drinking age. Social hosts are not covered by the dram shop statute at all.

Does workers’ compensation block a wrongful death claim if my family member died on the job?

Workers’ compensation is the exclusive remedy against the employer in most cases, with death benefits available to dependents. A separate lawsuit may still be possible against a third party, such as an equipment manufacturer or a contractor that was not the employer, so a workplace death deserves a close look rather than an assumption that comp is the only option.

How long does a wrongful death case take in Miami-Dade?

It varies widely. Cases with clear liability and available policy limits can resolve in months, while contested trucking, medical negligence, and premises cases can take years. Cases worth more than $50,000 are heard in the circuit court of the Eleventh Judicial Circuit, which is the state’s largest, so scheduling and discovery can take time.

Will we owe legal fees up front?

No. Spencer Morgan Law works on a contingency basis, so you pay nothing unless there is a recovery. Initial consultations are confidential, and the firm can walk through the claim before you decide anything.

Can we still make a claim if the at-fault driver had little or no insurance?

Possibly. Florida only requires modest minimum coverage, so serious crashes often exceed the at-fault driver’s policy. The family’s own uninsured or underinsured motorist coverage, other responsible parties, and employer or commercial policies may fill the gap. Reviewing every available policy early is part of building the case.

Serving Wrongful Death Families Across Miami-Dade County

Spencer Morgan Law represents wrongful death families throughout Miami-Dade County, starting in Miami and extending through Coral Gables, Miami Beach, Hialeah, and Doral. Families in Kendall, Pinecrest, Homestead, Miami Gardens, and North Miami also rely on the firm, as do residents of Aventura, Cutler Bay, Sweetwater, Opa-locka, Miami Lakes, and Florida City. From the neighborhoods along Biscayne Bay to the communities of South Dade and the corridors leading toward the Everglades, the firm handles fatal crashes, premises deaths, maritime accidents, and medical negligence cases.

The firm also serves families elsewhere in the State of Florida, including neighboring Broward County, where cases are heard in a different judicial circuit, and communities across the state when a fatal accident or a responsible party sits outside Miami-Dade. Spanish-language service is available for families throughout the region.

Talk With a Miami-Dade Wrongful Death Attorney About Your Family’s Claim

If you have lost someone to a preventable accident or negligent care, a Miami-Dade wrongful death attorney at Spencer Morgan Law can explain who can bring the claim, which deadlines apply to your situation, and what recovery may be available. The consultation is confidential, you pay nothing unless the firm recovers for your family, and Spanish-language assistance is available.

Call Spencer Morgan Law to schedule a consultation. Because evidence disappears and deadlines start running from the date of death, an early conversation protects options that can be hard to recover later.