North Miami Wrongful Death Lawyer

Spencer Morgan Law represents families in North Miami and across Miami-Dade County who have lost someone because another person or business failed to act with reasonable care. A North Miami wrongful death lawyer handles a claim that differs from an ordinary injury case in one basic way: the person with the most knowledge of what happened can no longer speak. Liability has to be built from crash reports, surveillance footage, medical records, maintenance logs, and witnesses, and it has to be built before those sources disappear.

Wrongful death is also different from a criminal prosecution that may follow the same event. A manslaughter or vehicular homicide case is brought by the State to punish. A wrongful death claim is a civil action brought by the personal representative of the estate to compensate the survivors and the estate for what the death took from them. The two can run side by side, and the outcome of one does not decide the other. The deadlines also differ, and the civil claim can begin well before any criminal case ends.

In Florida, the claim does not belong to the family as a group. It is filed by the decedent’s personal representative, and every person entitled to recover, along with the estate itself, must be identified in the complaint with their relationship to the person who died. Who counts, and what each can recover, depends on who survived: a spouse, minor children, parents of a young child, or others who relied on the decedent for support.

Situations That Lead to Wrongful Death Claims in North Miami

• Fatal Automobile Collisions: Heavy traffic on Biscayne Boulevard, NE 125th Street, and the approaches to I-95 and the Golden Glades interchange produces serious crashes involving commuters, delivery vehicles, and pedestrians. Florida’s no-fault PIP coverage includes a $5,000 death benefit, but that payment is separate from, and far smaller than, a wrongful death recovery against an at-fault driver.
• Commercial Truck Crashes: Freight moving to and from the interstate corridors puts tractor-trailers into contact with passenger cars. These claims can involve the driver, the carrier, a broker, or a maintenance contractor, and the evidence (driver logs, inspection records, electronic data) can be lost if no one demands it early.
• Medical Negligence Deaths: Missed diagnoses, surgical errors, medication mistakes, and failures in hospitals or care facilities follow different rules. Pre-suit notice is required, a 90-day investigation window applies, and the usual limits on who may recover noneconomic damages shift when the death arises from malpractice.
• Premises and Negligent Security Deaths: Deaths from falls, structural failures, or violent crime on property with inadequate security can support claims against owners and operators. Apartment owners that substantially comply with the statutory security requirements gain a presumption against liability, and fault is apportioned among all contributors, including the criminal.
• Workplace and Construction Fatalities: When a worker dies on the job, workers’ compensation typically governs claims against the employer, but outside parties such as equipment makers, subcontractors, or property owners may face separate civil liability.
• Maritime and Watercraft Deaths: Biscayne Bay and the waters off Miami-Dade see boating collisions, rental vessel accidents, and commercial maritime incidents, which can bring federal maritime rules into play alongside Florida law.
• Rideshare, Bicycle, and Pedestrian Deaths: Fatalities involving Uber and Lyft vehicles, cyclists, and people struck on foot often turn on layered insurance coverage and on disputes over who bore fault.
• Deaths Involving Government Entities: A road defect, a public vehicle, or a government-operated facility triggers sovereign immunity rules, a presentment requirement, and a statutory cap on recovery unless the Legislature passes a claim bill.

Why Choose Spencer Morgan Law for a Wrongful Death Claim

They depend on how a lawyer deals with insurers, how well the medical and accident evidence is developed, and whether the damages are documented fully enough to be taken seriously. Spencer Morgan Law serves Miami, the greater Miami area, and clients across the State of Florida, including families in North Miami, and offers Spanish-language services for families who prefer to work in Spanish.

The firm’s published results show the scale of cases it 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. Several of those categories, trucks, premises, and watercraft, are the same sources of fatal claims. The firm has also handled matters against a rehabilitation center for a negligent patient transfer, which reflects work against care providers.

Clients consistently describe prompt calls, clear explanations, and a staff that stays in touch. For a grieving family, that responsiveness is practical: you will have questions about estates, insurers, and timing, and you should not have to chase answers. The firm keeps clients fully informed, offers confidential consultations, and works on a contingency basis, so you do not pay unless there is a recovery.

What a North Miami Family Should Do After a Death Caused by Someone Else

The first priority is preserving evidence that will not wait. If a crash is involved, the police report number, the names of responding agencies, and any photographs or video from the scene are valuable. Vehicles get repaired or salvaged, businesses overwrite security footage on a loop, and employers and carriers may discard records under routine retention policies. A lawyer can send preservation demands quickly, which is far easier than trying to reconstruct lost evidence later.

Next, gather the documents that establish who the decedent was and who depended on them: death certificate, medical records and bills, employment and income records, insurance policies, and anything showing family relationships. Do not give recorded statements to an insurer for the other side, and be cautious about signing releases or accepting early payments before you understand what claims exist. The PIP death benefit of $5,000 is available regardless of fault, and accepting it does not end a claim against the responsible party, but you should still understand what you are signing.

Because only a personal representative may bring the action, an estate often has to be opened in probate first, and the representative then files on behalf of all survivors and the estate. Civil cases above the county court limit are heard in the Circuit Civil Division of the Eleventh Judicial Circuit, which serves Miami-Dade County, with civil and probate matters heard at the Soto Miami-Dade Justice Center. Appeals from those courts go to the Third District Court of Appeal in Miami.

Timing governs everything. A wrongful death action generally must be filed within two years of the date of death. That is a firm limit, and it is shorter than the four years that applied to negligence claims before the 2023 change in the law. Some situations differ: there is no deadline for a death caused by murder or manslaughter when the defendant is a natural person, medical malpractice claims require notice served within the statutory periods and a 90-day pre-suit process, and claims against a government entity require a written claim within two years and a waiting period of generally 180 days for the agency to respond. A family that waits to see how the criminal case turns out can lose the civil claim entirely.

What Florida Law Allows Survivors to Recover, and What Limits Recovery

Florida separates wrongful death damages into two groups. Survivor damages go to the people the statute names, and estate damages go to the estate. A surviving spouse may recover for loss of the decedent’s companionship and protection and for mental pain and suffering. Parents of a deceased minor child may recover for mental pain and suffering. Survivors may also recover lost support and services, and the estate may recover items such as medical and funeral expenses and, in some cases, lost earnings and the loss of the decedent’s prospective net accumulations.

Medical malpractice deaths carry a notable restriction. Adult children, 25 or older, cannot recover noneconomic damages for a parent’s death caused by malpractice, and parents of an adult decedent cannot recover noneconomic damages for that adult child’s death. The old statutory caps on noneconomic damages in malpractice cases have been held unconstitutional, so no enforceable cap applies in litigation. These rules mean the identity of the survivors can change the value of a case.

Fault matters as well. Under Florida’s current comparative fault rule, a party found more than 50 percent at fault for his or her own harm generally cannot recover in a negligence action, while a party at 50 percent or less has recovery reduced by their share. That bar does not apply to wrongful death actions arising from medical negligence under chapter 766. Judgment is entered against each defendant according to that defendant’s own percentage of fault, rather than under joint and several liability, so identifying every responsible party early affects how much can be collected.

Medical bills are treated differently than they once were. When a provider treated the decedent in exchange for a promise of payment from a future recovery, the claimant must disclose that arrangement and who made any referral before claiming those expenses, and evidence of what a third party paid for the right to collect can be admitted. For people with health coverage other than Medicare or Medicaid, evidence of past medical expenses can include what that coverage is obligated to pay. A court of appeal has held these rules are not retroactive, so the date of the underlying events matters.

Wrongful Death Questions Families Ask

Who is allowed to file a wrongful death lawsuit in Florida?

Only the personal representative of the decedent’s estate can bring the action. That person sues on behalf of the surviving family members and the estate, and the complaint must identify every person entitled to recover and state each one’s relationship to the decedent.

How long do we have to file?

Generally two years from the date of death. Medical malpractice deaths require pre-suit notice within the applicable limitations period, with a 90-day investigation window before suit. Claims against a government entity require a written claim within two years. A death from murder or manslaughter has no deadline against the individual responsible. Because these rules vary by situation, confirm your deadline early.

What is the difference between survivor damages and estate damages?

Survivor damages compensate specific family members for their own losses, such as lost support, companionship, and mental pain and suffering where the statute allows. Estate damages compensate the estate for items like medical and funeral costs and, in some cases, lost earnings. Which categories apply depends on who survived the decedent.

Can we file a civil claim if the person responsible was criminally charged or acquitted?

Yes. The civil and criminal cases are separate proceedings with different purposes. An acquittal does not necessarily end a civil claim, and the civil deadline keeps running while a criminal case is pending.

Does the PIP death benefit replace a wrongful death claim?

No. PIP provides a $5,000 death benefit regardless of fault, but it is a no-fault payment and does not release the at-fault party. A wrongful death claim seeks the full measure of damages the law allows.

What if our loved one was partly responsible for the accident?

In most negligence-based cases, a decedent found more than 50 percent responsible bars recovery, and a share of 50 percent or less reduces it proportionally. Malpractice deaths under chapter 766 are exempt from the bar. Fault assessments depend on evidence, which is why early investigation matters.

Can adult children recover when a parent dies?

Adult children aged 25 or older generally face limits on noneconomic damages, and in malpractice deaths they cannot recover those damages. They can still be part of the claim for other losses, and the estate may recover its own damages.

What happens if a government vehicle or property caused the death?

Sovereign immunity rules apply. A written claim must be presented, with a two-year presentment period for wrongful death claims, and the agency generally has 180 days to respond. Liability is capped at $200,000 per person and $300,000 per incident, and amounts beyond that require a claim bill from the Legislature.

Can a bar or restaurant be held responsible for a death caused by an intoxicated driver?

Florida’s dram shop law is narrow. A licensed vendor generally is not liable for an intoxicated patron’s actions, with exceptions for knowingly serving someone habitually addicted to alcohol or willfully and unlawfully serving a person under the lawful drinking age. Social hosts are not covered. These claims are hard and depend on specific proof.

Is a death in a rideshare vehicle handled differently?

The legal framework is the same, but the insurance picture is more layered, involving the driver’s coverage, the rideshare company’s coverage depending on the driver’s status, and any other at-fault driver. Identifying every available policy is part of the early work.

Will we have to go to trial?

Many claims resolve through negotiation, but that depends on the evidence, the insurers, and how the defendants view liability. Cases are filed in the Circuit Civil Division of the Eleventh Judicial Circuit when damages exceed the county court limit, and preparing as if trial will happen tends to improve settlement outcomes.

How are legal fees handled?

Spencer Morgan Law works on a contingency basis, which means you pay nothing unless the firm recovers compensation for your family. Consultations are confidential.

Wrongful Death Representation for North Miami and Miami-Dade County Families

Spencer Morgan Law begins with North Miami and the surrounding communities of North Miami Beach, Aventura, Sunny Isles Beach, Bal Harbour, Bay Harbor Islands, Surfside, El Portal, Miami Shores, Biscayne Park, and Golden Glades. The firm also serves families throughout Miami-Dade County, including Miami, Miami Beach, Opa-locka, Miami Gardens, Hialeah, Miami Lakes, Doral, Coral Gables, Kendall, Pinecrest, Homestead, and Florida City.

Beyond Miami-Dade, the firm represents injury and wrongful death clients across the greater Miami area and throughout the State of Florida. Whether a fatal crash happened on a North Miami arterial, a death followed care at a hospital, or a loss occurred on the water, the firm can evaluate the claim and explain what the family’s options are.

Speak With a North Miami Wrongful Death Attorney

If you have lost a family member because of someone else’s negligence, a North Miami wrongful death attorney at Spencer Morgan Law can review what happened, explain who may bring the claim and who may recover, and tell you how the filing deadline applies to your situation. Call to schedule a confidential consultation. You pay nothing unless the firm recovers compensation, and Spanish-language services are available.