Miami Gardens Wrongful Death Lawyer

A wrongful death case in Miami-Dade County is filed in the Eleventh Judicial Circuit, the largest circuit in Florida, and it is built around a deadline that starts running on the day of the death. Miami Gardens wrongful death lawyer searches usually come from families who have not yet had time to grieve, let alone plan a lawsuit. Spencer Morgan Law handles injury and death cases arising from car crashes, falls, workplace accidents, medical negligence, and maritime and watercraft incidents, and serves families in Miami Gardens, the greater Miami area, and across Florida.

Florida’s wrongful death statute does not hand the money to whoever the family decides deserves it. The law decides who can recover, what each person can recover, and who has the authority to bring the case. The decisions made in the first weeks, such as who is named, which defendants are pursued, and which records are preserved, shape everything that follows.

Most claims must be filed within two years of the date of death. Some deaths involve government vehicles, hospital care, or criminal conduct, and each of those changes the clock.

Situations That Lead to Wrongful Death Claims in Miami Gardens

• Fatal Car and Truck Crashes: Heavy traffic on the Florida Turnpike, I-95, NW 27th Avenue, and Miami Gardens Drive produces collisions involving speeding, distracted driving, and commercial trucks. Liability may reach the driver, the vehicle owner, a trucking company, or a rideshare company.
• Pedestrian and Bicycle Deaths: Wide arterial roads with long stretches between crosswalks put walkers and cyclists at serious risk, and the at-fault driver’s insurance limits are often the central issue.
• Medical Negligence Deaths: Misdiagnosis, surgical errors, medication mistakes, and failures in hospital or nursing facility care can all end in death. These claims follow special pre-suit rules, and damages for adult children and parents of adult decedents are restricted in this category.
• Negligent Security: A fatal assault in an apartment complex or a store parking lot can support a claim against the property owner. Florida gives multifamily owners a presumption against liability if they substantially comply with statutory security requirements, so the property’s actual security record matters.
• Fatal Falls and Premises Hazards: Construction conditions, broken railings, stairways, and poorly maintained commercial property can cause deaths, particularly among older residents.
• Workplace Deaths: Workers’ compensation pays a death benefit, but a separate lawsuit may be possible against a negligent third party such as an equipment maker, a subcontractor, or a property owner.
• Boating and Maritime Deaths: Miami-Dade’s waterways generate watercraft and maritime fatalities, and these cases can involve different legal rules than a highway crash.
• Government-Related Deaths: Crashes involving county or city vehicles, or deaths tied to unsafe public property, carry strict notice rules and recovery caps.

Why Families Choose Spencer Morgan Law for Wrongful Death Cases

Clients tell us the same thing again and again: they were kept informed. Calls get answered, emails get replies, and every step of a case is explained in plain terms. One client described being helped through what may have been hundreds of questions. For a family in the middle of a loss, that kind of access matters as much as the legal work.

We do not charge a fee unless we recover, and consultations are confidential, so a family can talk through what happened before making any commitment. Beyond the legal claim itself, our team helps clients sort out practical problems like medical bills, vehicle losses, and getting needed care.

The firm’s results include 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 involved serious injuries and contested liability, the same ingredients found in fatal cases. We also have experience pursuing hospitals, rehabilitation facilities, and large insurers, all common defendants when a death was preventable.

Who Can Recover and What the Law Allows

Florida splits wrongful death damages into two groups. Survivor damages belong to family members and cover things like lost support and services, and mental pain and suffering for those the statute names. A surviving spouse may recover for the loss of companionship and protection and for mental pain and suffering. Parents of a deceased minor child may recover for their mental pain and suffering. Estate damages are separate and cover items such as medical and funeral expenses and lost earnings, depending on the circumstances.

The action is brought by the personal representative of the estate, on behalf of everyone entitled to recover. Every potential beneficiary, including the estate, must be identified in the complaint along with their relationship to the person who died. Getting this list wrong early creates problems later, which is why we sort out family structure before filing.

Medical malpractice deaths carry an additional restriction: adult children age 25 or older, and parents of an adult decedent, cannot recover the noneconomic damages other claimants can. Florida’s old statutory caps on noneconomic damages in malpractice cases were struck down by the courts, so there is no enforceable cap on those damages in litigation.

Fault, Insurance, and Medical Bills in a Fatal Claim

Florida courts divide fault among everyone responsible, and each defendant pays only its own percentage. There is no joint and several liability. That makes it important to identify every party that contributed, because a party left out cannot be made to cover someone else’s share.

If the person who died was more than 50 percent at fault for their own harm, the law bars recovery in most negligence cases. At 50 percent or less, recovery is reduced by that percentage. Medical negligence claims under chapter 766 are exempt from that bar. Insurers often push fault onto the deceased because they are not here to respond, so we gather scene evidence, video, and witness accounts early.

In a car crash, personal injury protection coverage pays a $5,000 death benefit regardless of fault, in addition to the medical and disability benefits available when the person survived for a time. That benefit is separate from the wrongful death claim and does not replace it.

Medical bills from the final illness or injury raise their own questions. Florida requires disclosure of any letter of protection, meaning an arrangement where a provider treats in exchange for payment from a settlement, as a condition of claiming those expenses. Disclosure also covers whether the claimant was referred to the provider and by whom. If health insurance paid the bills, the amounts that coverage was obligated to pay can become the evidence of the expense.

What a Family Should Do in the Days and Weeks After a Death

Start with the decision most families skip: who will serve as personal representative. Only that person can bring the claim, and the estate may need to be opened through the probate court at the Miami-Dade courthouse complex in downtown Miami. If there is a will, it usually names someone. If not, the court appoints one. Delay here delays everything else.

Second, preserve what exists before it disappears. Get the crash report from the police department that responded, whether Miami Gardens or another agency. Photograph the scene and the vehicles. Request medical records and the death certificate. Write down witness names while memories are fresh. Do not repair or dispose of the vehicle, and do not sign anything from an insurance company. Adjusters sometimes call within days offering a quick payment or asking for a recorded statement. Decline both until you have talked with a lawyer.

Third, know your deadline. The general wrongful death limit is two years from the date of death. There are exceptions. A medical negligence claim requires a written notice of intent to the prospective defendants within the statutory time limits, and suit cannot be filed until a 90-day investigation period passes, during which the limitations clock is tolled. If a government entity is involved, a written claim must be presented, and for wrongful death the presentment deadline to the Department of Financial Services is two years. The agency generally has 180 days to respond before suit can proceed. A death caused by murder or manslaughter has no deadline against the individual who committed it.

Government claims also carry a cap of $200,000 per person and $300,000 per incident, and no punitive damages. Recovering more requires a claim bill passed by the Legislature, which is rare and slow.

Fourth, think about timing and treatment records if the person survived briefly. Time of death, hospital course, and any delay in care can decide whether a malpractice theory exists. Ask the hospital for the full chart in writing.

Finally, most wrongful death cases that go to court are heard in the Eleventh Judicial Circuit, and any appeal goes to the Third District Court of Appeal in Miami. The vast majority of cases resolve earlier, but we prepare every one as though it will be tried.

Questions Families Ask About Wrongful Death Claims

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

Generally two years from the date of death. Medical negligence cases require a notice of intent within the same limits, and government claims have their own written-claim deadline. Waiting risks losing the case entirely, so it is better to ask early.

Who is allowed to file the lawsuit?

The personal representative of the estate files on behalf of the survivors and the estate. Individual family members cannot file separately. If no one has been appointed, the first step is opening the estate.

Who can recover money in a Florida wrongful death case?

Surviving spouses, minor children, and certain parents and other dependents may recover survivor damages, depending on the relationships and who relied on the decedent for support. The estate recovers its own losses separately.

What kinds of damages are available?

Survivors may recover lost support and services and, if they qualify, mental pain and suffering and loss of companionship. The estate may recover medical and funeral costs and lost earnings. Which categories apply depends on who survives.

Is a wrongful death claim different from a personal injury claim?

Yes. A personal injury claim belongs to the injured person. A wrongful death claim arises only after death, belongs to the survivors and the estate, and follows its own statute. If someone dies from injuries after starting a claim, the case changes form.

What if my family member was partly at fault?

Florida now bars recovery in most negligence cases if the person was more than 50 percent responsible, and reduces it otherwise. Medical negligence cases are treated differently. Fault arguments are common, and evidence matters.

Can we sue if the death involved a drunk driver who was served at a bar?

Florida’s dram shop law is narrow. A bar is generally not liable for a customer’s intoxication unless it knowingly served a person under the legal drinking age or someone habitually addicted to alcohol. The law covers licensed sellers, not social hosts. The driver can still be sued directly.

Does the 90-day pre-suit period apply to hospital deaths?

Yes. In medical negligence cases, notice goes to each prospective defendant, and suit cannot be filed for 90 days. The defendant or its insurer must respond by rejecting the claim, offering to settle, or offering arbitration on damages only, with liability treated as admitted.

What if the death happened at an apartment complex after a shooting?

A negligent security claim may exist against the owner. Owners of buildings with five or more units who substantially implemented required security measures get a presumption against liability, and they bear the burden of proving that compliance. Fault is also assigned to the criminal, which affects the owner’s share.

Our family member died at work. Can we do more than collect workers’ compensation?

Possibly. Workers’ compensation covers the employer, but a negligent third party, such as an outside contractor or an equipment manufacturer, can be sued in addition. Workers’ compensation deadlines and reporting rules also apply.

Will my loved one’s health insurance affect the case?

It can. When coverage paid the bills, the amount the insurer was obligated to pay can be the evidence of past medical expense rather than the full billed amount. Letter-of-protection treatment must be disclosed.

What does it cost to hire the firm?

You do not pay unless we recover. Consultations are confidential, and we explain the fee arrangement before anything is signed.

Serving Wrongful Death Families From Miami Gardens Across Miami-Dade and Florida

Our work for Miami Gardens families extends through the surrounding communities of Opa-locka, North Miami, North Miami Beach, Miami Lakes, Hialeah, Hialeah Gardens, and Miramar just across the county line to the north. We also represent families in Miami, Little Haiti, Liberty City, Overtown, Allapattah, Brownsville, and Coconut Grove, as well as Coral Gables, Doral, Sweetwater, Westchester, Kendall, Pinecrest, and Palmetto Bay.

Further south, we serve Homestead, Florida City, Cutler Bay, and Perrine, and along the coast, Miami Beach, Aventura, Sunny Isles, Bal Harbour, and Key Biscayne. Beyond Miami-Dade, the firm assists families throughout Florida when a loved one has been lost to someone else’s negligence, whether the cause was a crash, a fall, a medical error, or an accident at work or on the water.

Speak With a Miami Gardens Wrongful Death Attorney

If your family has lost someone because of another party’s carelessness, a Miami Gardens wrongful death attorney at Spencer Morgan Law can listen to what happened, explain which deadlines apply, and tell you honestly whether a claim exists. The call is confidential, and you owe nothing unless we recover. Call us to schedule a consultation, and we will take it from there.