Miami Wrongful Death Attorneys

If the wrongful conduct or negligence of another party has resulted in the death of someone you love, you have the right to seek justice.

Call the experienced Miami wrongful death attorneys at the Law Offices of Jose M. Francisco today. We offer compassionate assistance and powerful, strategic representation to help families in Miami and South Florida hold the negligent parties accountable.

We understand that legal action is the last thing on your mind during a time of grief. However, Florida law strictly limits the time you have to file a claim. Contact us for a free, no-obligation consultation to understand your rights and protect your family’s future.

What is a Wrongful Death Claim in Florida?

Under Florida law (Florida Statute § 768.19), a wrongful death claim arises when a person’s death is “caused by the wrongful act, negligence, default, or breach of contract” of another person or entity.

Essentially, if the person who passed away (the “decedent”) could have filed a personal injury lawsuit had they survived, their estate may be able to file a wrongful death lawsuit.

Our firm handles wrongful death cases arising from:

• Auto & Truck Accidents: Including drunk driving, distracted driving, and reckless speeding.
• Medical Malpractice: Such as surgical errors, misdiagnosis, or birth injuries.
• Workplace & Construction Accidents: Caused by safety violations or faulty equipment.
• Premises Liability: Including negligent security or slip and fall accidents.
• Defective Products: When a faulty product leads to a fatal injury.

Who Can File a Wrongful Death Lawsuit in Florida?

This is one of the most misunderstood parts of Florida’s wrongful death law.

Only the Personal Representative (PR) of the deceased’s estate can file the lawsuit. The Personal Representative is named in the decedent’s will or, if there is no will, appointed by the court.

The PR files the claim on behalf of the estate and any “survivors.” Survivors may include:

• The spouse
• Children
• Parents
• Other blood relatives or adoptive siblings, if they were dependent on the decedent for support.

As your attorneys, we will guide you through the process of appointing a Personal Representative and ensuring all eligible survivors are included in the claim.

CRITICAL: The 2-Year Statute of Limitations

You must act quickly. In Florida, you generally have only two years from the date of the death to file a wrongful death lawsuit.

If you miss this deadline, the court will almost certainly bar your case forever, and your family will lose the right to seek any compensation. It is vital to speak with an attorney as soon as possible to preserve your legal rights.

Compensation in a Wrongful Death Case

While no amount of money can replace your loved one, a lawsuit seeks to recover financial damages for the full value of your losses. In Florida, damages are paid to two different groups: the survivors and the estate.

Damages for Survivors

These are intended to compensate the family for their personal losses, which may include:

• Loss of Support: The value of income and services the decedent would have provided.
• Loss of Companionship: For a spouse, the loss of their partner’s companionship and protection.
• Loss of Parental Guidance: For minor children, the loss of a parent’s instruction and guidance.
• Mental Pain and Suffering: For the emotional trauma endured by the spouse, children, and parents.
• Medical & Funeral Expenses: If paid directly by a family member.

Damages for the Estate

These are paid to the decedent’s estate and may include:

• Lost Wages: Income the decedent lost between their injury and their death.
• Lost “Net Accumulations”: The value of earnings the estate could have reasonably been expected to save if the person had lived.
• Medical & Funeral Expenses: If the estate paid for these costs.

In some cases of extreme wrongdoing or gross negligence, punitive damages may also be sought. These are intended to punish the defendant and deter similar conduct in the future.

How Our Firm Can Help You

When you hire the Law Offices of Jose M. Francisco, we will:

1. Investigate the Death: We immediately gather all evidence, including police reports, medical records, and witness statements.
2. Handle All Legal Filings: We ensure the Personal Representative is properly appointed and that all court documents are filed correctly and on time.
3. Identify All Negligent Parties: We determine every person or entity that may be liable for your loved one’s death.
4. Calculate Your Damages: We work with financial experts and economists to determine the full, long-term value of your family’s loss.
5. Fight for You: We will negotiate aggressively with insurance companies on your behalf and are fully prepared to take your case to trial to demand the justice you deserve.

Get a Free Consultation With Our Miami Team

Do not wait until it’s too late. Your first step is to get clear, honest legal advice.

Call the Law Offices of Jose M. Francisco now for a free, confidential case review. We are ready to offer compassionate assistance and powerful representation for your family.