Miami Wrongful Death Lawyer

Losing a loved one in a fatal accident caused by someone else is one of the hardest things a family can face. Beyond the grief, there are real financial consequences that many families do not expect in the weeks and months that follow a sudden death.

Florida records over 400,000 motor vehicle accidents every year, with more than 2,500 resulting in fatalities, according to the FLHSMV Crash Dashboard. Many of these deaths lead to wrongful death claims filed by surviving family members in Miami-Dade County and across South Florida.

No matter how much you are hurting, you should be aware of the financial impacts your loved one’s loss can have. You can face medical bills, funeral expenses, and long-term impacts such as loss of income, outstanding debts, loss of companionship, and lasting pain and suffering.

At Bernstein & Maryanoff, our Miami personal injury attorneys and wrongful death lawyers are here to assist you and your family. We fully understand that no amount of money can make up for the loss of your loved one. Our goal is to make sure you and your family receive the monetary compensation you deserve, so you can be financially secure and have one less thing to worry about as you grieve and recover.

What constitutes a wrongful death case?

A wrongful death case arises when a person dies because of the intentional act or negligent act of another person or entity. The case is built on the fact that the victim should not have died. The person passes away because the responsible party did not act as a reasonable person would under the same circumstances. As a result, the victim’s next of kin, including the surviving spouse, surviving minor children, or surviving parents, can bring a wrongful death case to recover compensation and hold the at-fault party accountable.

A wrongful death case does not have to involve intentional actions. Simple negligence is enough to hold a wrongdoer legally responsible. The purpose of the case is to provide financial support as a measure of justice for the accident and the terrible harm that resulted.

Wrongful Death Claim Process

A wrongful death claim can begin in two different ways. Either your loved one sustained severe personal injuries and succumbed to those injuries over time, or they died from immediately fatal injuries at the scene.

To initiate a wrongful death claim, you must meet the following conditions:

• The deceased was an immediate family member, such as a surviving spouse, child, or parent, including adoptive siblings and adopted family members.
• If the survivor is not an immediate family member, they must have been partially dependent on or primarily supported by the deceased.
• The death was the result of negligence, medical negligence, or an intentional act caused by another person or party.
• The survivors, including blood relatives, will experience personal and financial difficulties due to the loss, such as lost wages, lost support, or mental pain and suffering.

An exception also allows the deceased’s estate, through a personal representative, to initiate the wrongful death claim process. You will need to provide supporting evidence that the other party was entirely or primarily at fault for your loved one’s death.

Types of wrongful death cases

Wrongful death occurs as the result of many different kinds of accidents. The types of wrongful death cases our Miami wrongful death attorneys handle include:

A wrongful death may occur because of a single, acute injury, or it may result from chronic exposure to danger. Our Miami personal injury attorneys can investigate the circumstances surrounding your family member’s death to determine whether you have grounds to file a wrongful death claim and recover compensation.

How to File a Wrongful Death Lawsuit

It can be difficult to navigate the legal process and make sure you get a fair settlement or monetary award should your case go to trial. To file a wrongful death lawsuit, you first need to contact an experienced wrongful death attorney.

Our Miami wrongful death lawyers will meet with you for a free consultation in a convenient location, even your home. Our goal is to listen to the events that took place, provide sound legal advice, and make recommendations on how you should proceed.

Most importantly, Florida’s wrongful death statute sets the statute of limitations at two years from the date of your loved one’s death to file your claim. This deadline was reinforced by the state’s 2023 tort reform (HB 837), which also shifted Florida to a modified comparative negligence system and reduced the general personal injury statute of limitations from four years to two years. Acting quickly with experienced legal counsel is critical.

Step 1: Gather Evidence

Your legal team will gather evidence to support your wrongful death claim. This evidence could include:

• Accident and injury reports
• Police reports
• Medical records and medical bills
• Forensic evidence
• Witness statements

You may initially be asked to provide general information to help with this investigation. Your legal team wants you to take the time to grieve your loss and be with your family.

Step 2: Submit a Demand Package

After the investigation is completed, your wrongful death lawyers will prepare a demand package that includes evidence and documentation to support your wrongful death claim, along with a settlement request for the amount of monetary compensation you are entitled to receive.

The demand package is sent to the responsible party’s insurance company or legal team. Once they receive it, they will review it and make a determination. At this point, one of several outcomes is possible:

• They attempt to deny culpability (rare)
• They accept the settlement offer
• They make a counteroffer

Step 3: Negotiate

Should the responsible parties choose not to accept the demand package and submit a counteroffer, your lawyers will begin the negotiation process. The process continues until all parties agree upon a monetary amount. You have the final say on whether to accept the settlement offer or proceed with the wrongful death lawsuit and go to trial.

Step 4: Reach a Settlement

Suppose the at-fault party accepts the demand package or a wrongful death settlement is reached through negotiation. At this point, your lawyers will review with you the terms and conditions of the settlement. If you agree, you sign the legal paperwork, and your wrongful death claim is settled.

Step 5: Go to Trial

If a settlement cannot be reached during negotiations, or the responsible party denies culpability, or you do not agree with the settlement being offered, your wrongful death case would proceed to trial.

Until a verdict is reached, a settlement could still be negotiated. If it is, then both legal teams appear before the judge and inform the court that a settlement was reached and your case is closed. Otherwise, the trial proceeds until the judge or a jury reaches a verdict.

How Florida’s 2023 tort reform affects wrongful death claims

In March 2023, Florida enacted House Bill 837 (HB 837), a broad tort reform package that changed several aspects of Florida law affecting wrongful death and personal injury cases. Two changes in particular matter for grieving families:

• Modified comparative negligence: Florida switched from a pure to a modified comparative negligence system. If the decedent is found more than 50% at fault for the accident, the surviving family members are barred from any recovery. Under the previous rule, partial fault only reduced the award proportionally. This change makes it even more important to work with a dedicated wrongful death attorney who can establish fault clearly.
• Statute of limitations alignment: The general negligence statute of limitations was reduced from four years to two years for accidents occurring on or after March 24, 2023. The wrongful death statute of limitations was already two years, but the convergence of both timelines means families must act in a timely manner regardless of the claim type.

A separate 2023 amendment also established that when death results from intentional acts such as murder or manslaughter, a wrongful death suit may be filed at any time under Florida Statute 95.11(11), with no time limit.

Who has the right to sue for wrongful death?

After losing a loved one in a fatal accident, you may be wondering what you can do to seek justice on your family member’s behalf. Under Florida law, the following parties may have the right to sue for wrongful death in Miami:

Who can sue for wrongful death depends on which family members survive the victim and the state law that applies to the claim. Be sure to ask for an individual evaluation of the claim. Our Miami wrongful death lawyers can help you take the right steps to get financial compensation for your loss.

What damages can I collect in a wrongful death claim?

To calculate a wrongful death settlement, think about how your family has suffered because of losing your loved one. Some of your losses are financial, while others involve mental anguish and emotional well-being. Your life changes in an instant. All of these types of damages deserve compensation.

Once you identify the categories of losses, the next step is valuing those damages. Some losses are economic, while some are non-economic damages. Economic losses can be totaled by looking at receipts and the actual expenses that the family suffers. Non-economic damages are more complicated to calculate. A wrongful death attorney can make sure that your wrongful death case accounts for all of the damages that your family suffers.

Who pays for a wrongful death lawsuit?

The person or party who caused the fatal accident is the one who pays. To determine who pays, look at whose actions caused the preventable accident. The person who brings about the accident based on the same personal injury laws applicable in all cases is the person who pays. A party like a business, government agency, or company can also be responsible for paying for a wrongful death lawsuit.

There may be more than one party who is legally responsible for paying a wrongful death suit. An insurance policy may also step in and provide compensation so that the grieving families receive the financial payment they deserve. Naming the appropriate responsible parties in your claim is very important. A Miami wrongful death attorney can protect your rights as you determine who to name in your wrongful death case.

How long do wrongful death claims take in Florida?

The amount of time needed to reach a wrongful death settlement or verdict in court will vary. There is no set time frame because each wrongful death lawsuit has unique circumstances and impacts on the surviving family. 

About 95–97% of civil tort cases, including wrongful death claims, are resolved through settlement and never reach a courtroom, according to Bureau of Justice Statistics data. It cannot be stressed enough that you should pursue legal action if you have grounds and evidence to support your wrongful death claim.

In the long run, you and your family will be better off financially, even if it takes some time to resolve your case. Your personal injury lawyer can also discuss the various resources you can rely on to help you financially and emotionally during this period.

What is Florida’s wrongful death law?

Florida’s wrongful death law is codified as Florida Statute 768.19 (2025), which provides that a death caused by wrongful act, negligence, or breach of contract gives rise to a civil cause of action on behalf of the decedent’s estate and survivors. The right to sue is based on the same circumstances in which victims would have been able to sue if they had not passed away from their fatal injuries.

Under Florida Statute 95.11(5)(e) (2025), wrongful death claims must be filed within two years of the date of death. This is a stricter deadline than the two-year limit that now applies to most general negligence claims following the 2023 tort reform. A 2023 amendment also established that when a death results from intentional acts such as murder or manslaughter, a wrongful death action may be filed at any time under Florida Statutes § 95.11(11), regardless of when the death occurred.

Wrongful Death FAQs

Below are answers to some of the frequently asked questions our wrongful death lawyers in Miami receive. If you do not see your question, do not hesitate to contact our Miami law firm directly.

What is wrongful death?

Wrongful death is when a person dies as a result of an accident or medical malpractice caused by another person or party. The death could occur immediately or after the victim experiences severe, catastrophic injuries. Since the actions or inactions of the at-fault party resulted in death, the immediate surviving family members can seek monetary compensation as allowed under Florida’s civil laws, including the Florida wrongful death statute.

How are wrongful death settlements paid out?

Wrongful death settlements are usually paid through a check issued to yourself and your lawyer. However, the settlement could also be structured, especially when minor children are involved, where a portion of the settlement is placed into a trust and funds distributed at set intervals until they reach a certain age.

Any legal fees, outstanding medical bills, funeral expenses, and other outstanding debts incurred during the case are paid and deducted from the proceeds you receive. When there are multiple qualifying beneficiaries, the court will approve the amount of the fund distributed to each person as required by Florida Statutes § 768.22 and § 768.25.

How much can you sue for in wrongful death?

In Florida, there are no caps on the amount you can sue for in a wrongful death lawsuit. Your claim can include compensatory damages as defined in Florida Statute 768.21 (2025), such as loss of income, financial losses, and loss of companionship. In cases where the responsible party’s actions are deemed grossly negligent, you may also be entitled to punitive damages.

Due to the loss of life, wrongful death settlements and verdicts can range from the high tens of thousands of dollars to millions of dollars. The amount you are entitled to receive depends on the specific circumstances of your wrongful death case. Your experienced wrongful death attorney will let you know how much compensation you could recover during your initial consultation.

What is Florida’s Wrongful Death Act?

Florida’s Wrongful Death Act allows the victim’s immediate family to seek compensation as established under Florida Statute 768.19 (2025), which grants the right of action whenever death results from another party’s wrongful act, negligence, or breach of contract. This Act allows the surviving party to recover damages when the deceased would have been entitled to seek damages for personal injuries had they not died.

How do I file a wrongful death claim in Florida?

Filing a wrongful death claim in Florida requires the assistance of an experienced wrongful death lawyer. It is never recommended and highly discouraged to attempt to negotiate directly with the responsible party’s insurance company, adjuster, or lawyers.

No matter how compassionate and caring these individuals may seem, you must remember that their primary and only goal is to get you to settle for the least amount of money possible. Far too often, surviving family members who do not get legal representation end up with paltry settlements and learn they were entitled to receive a far greater amount later. 

Wrongful death from medical malpractice

A medical malpractice claim can become a wrongful death case when a healthcare provider’s medical negligence leads to a patient’s death. Common scenarios include surgical errors, misdiagnosis of a life-threatening condition, medication errors, and failures in post-operative care.

Florida law requires that a medical malpractice wrongful death claim include a corroborating affidavit from a qualified medical expert before the lawsuit can move forward. The physician-patient privilege rules also apply to how medical records are obtained and used as evidence. Working with an experienced wrongful death attorney who understands these requirements is important for building a strong case.

Why choose Bernstein & Maryanoff?

Since 1983, we have been fighting for accident victims across South Florida. Our founding partners, Jack Bernstein and Neil Maryanoff, are proud graduates of the University of Miami. With over 75 years of combined legal experience, our leaders have the expertise and track record needed to get results. Together, they have won millions in verdicts for accident victims and served as a leading voice for Florida families who need help after a preventable accident.

The Bernstein & Maryanoff team is a carefully assembled group of attorneys and legal professionals who know how to handle wrongful death cases. There is always a friendly and understanding voice ready to answer your questions and help you understand each step of the legal process. We invite you to meet with our legal team to explore how we can help you, too.

Results you can trust

With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.

Free consultation with our Miami wrongful death lawyers

If you suddenly lost a loved one due to another party’s negligence and are unsure where to turn, you are not alone. The Miami wrongful death attorneys at Bernstein & Maryanoff want to help you seek justice and recover damages for such a loss. See why we are South Florida’s trusted law firm for wrongful death claims.

Contact our team to schedule a free and confidential consultation with our dedicated wrongful death attorneys today. Our lawyers also work on a contingency basis, which means we do not collect any legal fees unless we reach a settlement or favorable verdict. You can reach us at our Miami-Dade County office or any of our South Florida locations.

Wrongful deaths involving children and the elderly

The loss of a child or an elderly family member brings particular pain and raises specific legal considerations. Florida law provides different categories of damages depending on the victim’s age and family status. For example, surviving parents of a minor child can claim lost parental companionship and mental pain and suffering, while cases involving elderly victims in nursing homes may involve additional claims under Florida’s wrongful deaths involving children and the elderly statutes.

Areas We Service in Miami, Florida

Aventura | Coral Gables | Coral Springs | Cutler Bay | Doral | Davie | Fort Lauderdale | Hialeah | Hollywood | Homestead | Kendall | Miami Beach | Miami Lakes | Miramar | North Miami | Palmetto Bay | Pembroke Pines | Pinecrest | Pompano Beach | The Hammocks | Weston