Miami Wrongful Death Attorney

Reviewed by Mike Redondo, Founding Attorney, Redondo Law, P.A. • Updated October 2026

Redondo Law helps families who lost a loved one because someone else was careless. If your spouse, child, parent or other family member died in a crash, a drowning, a shooting or another preventable event anywhere in Miami or the rest of Miami-Dade County, a Miami wrongful death lawyer can explain your family’s rights and handle the legal work while you grieve.

The consultation is free, and you pay no fee unless we win. Our phones are answered 24/7, and our staff is fully bilingual (Se habla español). You can meet us at our office at 2828 Coral Way, by phone or by video. If it is hard for you to travel right now, we come to you.

What is wrongful death under Florida law?

Florida’s Wrongful Death Act covers a death caused by another person’s or company’s negligence or wrongful act. The key question is simple: if your loved one had lived, could they have sued for their injuries? If the answer is yes, the family may be able to bring a wrongful death claim.

A wrongful death claim is a civil case. It does not put anyone in jail. Its purpose is to hold the responsible party accountable and to pay the family and the estate for what the death has taken from them. It cannot undo the loss. It can ease the financial strain and give the family answers about what happened.

Who can file a wrongful death lawsuit in Florida?

The personal representative files the claim

In Florida, only the personal representative of the estate can file a wrongful death lawsuit. The personal representative is the person named in the will to handle the estate, or, if there is no will, the person the probate court appoints. It is often a spouse, an adult child or a parent. The personal representative acts for the whole family, not just for themselves.

Who counts as a survivor

The law lists who can recover damages as a survivor. They include:

• The spouse of the person who died.
• The children of the person who died.
• The parents of the person who died.
• Other relatives who depended on them. Blood relatives and adoptive brothers and sisters can be survivors if they were partly or fully dependent on the person who died for support or services.

Each survivor’s damages are figured separately, but they are all part of the same case.

Damages in a Florida wrongful death case

Florida law splits wrongful death damages into two groups: what the survivors can recover and what the estate can recover. Which damages apply depends on who the survivors are and on the facts of the case.

Damages for survivors

• Lost support and services. The value of the financial support and household services the person who died would have provided.
• Lost companionship and protection. A surviving spouse can recover for the loss of companionship and protection. Certain children can recover for the loss of a parent’s companionship, instruction and guidance.
• Mental pain and suffering. A surviving spouse can recover for mental pain and suffering. Certain children and parents can also recover for their grief, depending on their ages and who else survived.
• Medical and funeral expenses that a survivor paid.

Damages for the estate

• Lost earnings from the date of the injury to the date of death.
• Lost net accumulations. In some cases, the estate can recover the part of future earnings the person would likely have saved and left to the estate.
• Medical and funeral expenses charged to the estate.

Special rules apply in deaths caused by medical malpractice. They can limit which family members may recover certain damages. If your loved one died after medical care, we will explain how those rules apply to your family.

Common causes of wrongful death in Miami

Any death caused by negligence can lead to a claim. These are the kinds of accidental death cases families in Miami-Dade bring to us most often.

Car, truck and motorcycle crashes

Fatal crashes happen on I-95, the Palmetto Expressway, the Dolphin Expressway, US-1 and on neighborhood streets across the county. Speeding, distraction, drunk driving and tired truck drivers are common causes. A crash involving a commercial truck can mean more than one company is responsible. Learn more on our car accident, truck accident and motorcycle accident pages.

Pedestrian deaths

People walking in Miami cross wide, busy roads such as Biscayne Boulevard, SW 8th Street and NW 27th Avenue. When a driver fails to yield, speeds or runs a light, the result is often fatal. See our pedestrian accident page for more.

Drowning accidents in pools, hotels, condos and on boats

Drownings can happen at a hotel or condo pool, an apartment complex, a private home or on the water. A property owner may be responsible for a missing fence or gate, broken drain covers, no lifeguard where one was required or poor supervision. On the water, a careless or impaired boat operator may be at fault. Federal maritime law can apply to boating deaths and can change the rules and deadlines. Read more on our boat accident page.

Negligent security shootings

Property owners must take reasonable steps against crime they can foresee. A shooting at an apartment complex, parking lot, nightclub or gas station may lead to a claim against the owner if security was inadequate. Since 2023, juries can also assign fault to the person who committed the crime, and some apartment owners can get legal protection if they met specific security measures. Learn more about negligent security claims.

Nursing home neglect

Bedsores, falls, dehydration, infections and medication errors can be fatal for an elderly resident. When a nursing home or assisted living facility fails to provide proper care, the family may have a claim. These cases have extra steps before a lawsuit can be filed. See our nursing home abuse page.

Workplace and construction deaths

Workers’ compensation is usually the main remedy against the employer when a worker dies on the job. But other companies may also be responsible, such as a general contractor, a subcontractor, an equipment maker, a property owner or a driver who caused a crash. A wrongful death claim against those third parties may be possible. We look at every company that was on the site or involved in the work.

Defective products

A defective car part, tire, airbag, ladder, power tool or medical device can cause a death. The manufacturer and others in the chain of sale may be liable. Learn more about product liability.

Medical negligence

A missed diagnosis, a surgical error or a medication mistake can be fatal. Medical negligence deaths have their own pre-suit investigation and notice steps, and different fault rules. See our medical malpractice page.

Wrongful death claims and criminal cases

Many families ask how a wrongful death claim relates to a criminal case, such as a DUI manslaughter or homicide charge. They are separate cases. The State brings the criminal case to punish the person. The family, through the personal representative, brings the civil case to recover damages.

The burden of proof is different. A criminal conviction requires proof beyond a reasonable doubt. A civil wrongful death case requires proof that it is more likely than not that the defendant caused the death. That is why a civil case can go forward even if no one was charged, the charges were dropped or the person was found not guilty. A criminal conviction can help a civil case, but you do not have to wait for the criminal case to end before talking to a lawyer.

How long you have to file a wrongful death claim in Florida

Two years can feel like a long time, but families often spend months just getting through the funeral, the estate and daily life. Opening the estate, gathering records and investigating the death all take time. We encourage families to call when they are ready, and sooner if evidence such as video may be lost.

How a Miami wrongful death attorney handles your case

We know this is the hardest time in your life. Our job is to take the legal work off your plate and keep you informed. Here is how a case usually moves forward.

Opening the estate and appointing a personal representative

If an estate is not already open, the first step is to ask the probate court to appoint a personal representative. In Miami-Dade, that is the probate division of the Miami-Dade Circuit Court. We help prepare the paperwork and guide the family through this step. Once the court appoints the personal representative, that person has the legal authority to bring the wrongful death claim on behalf of everyone.

Building and pursuing the claim

• Investigation. We get the police or medical examiner reports, photos, video and records, talk to witnesses and send letters asking companies to preserve evidence. When needed, we work with engineers, doctors and economists.
• Identifying who is responsible. We look at every person and company that may share the blame, and every insurance policy that may apply.
• Documenting the family’s losses. We gather proof of income, support, services and expenses, and learn about the person who died and the relationships they had.
• Claim and lawsuit. We present the claim to the insurers. If they do not make a fair offer, we file a wrongful death lawsuit before the deadline.
• Mediation and trial. Many cases settle, often at mediation. If a case does not settle, a jury decides fault and damages.

The family makes the key decisions, including whether to accept any offer. We explain each step as it comes and answer questions in English or Spanish.

What families should do first

You do not need to do everything at once. But a few steps protect your family’s rights.

Wrongful death cases in Miami-Dade, Miami Beach and North Miami

We help families across the county, from Miami and Coral Gables to Hialeah, Doral, Homestead and Miami Gardens. Wrongful death cases are filed in the Miami-Dade Circuit Court when the case belongs there. Depending on who is responsible and where the death happened, a case may need to be filed in another court instead, and we explain why.

Miami Beach

Miami Beach has hotel and condo pools, ocean beaches and busy streets such as Collins Avenue and Alton Road, with heavy foot traffic and delivery trucks. Families of people who died in drownings, pedestrian crashes or security failures at hotels and nightclubs may have a claim. See our Miami Beach personal injury page.

North Miami and North Miami Beach

North Miami and North Miami Beach are crossed by Biscayne Boulevard, NE 163rd Street and NE 167th Street, and sit near the Golden Glades Interchange, where I-95, the Palmetto, the Turnpike and US-441 meet. Fatal crashes there may be investigated by the Florida Highway Patrol or by city police, depending on where they happened.

Who investigates a death in Miami-Dade

The Florida Highway Patrol handles crashes on the expressways, the Turnpike and I-95. City police departments, such as Miami, Miami Beach and North Miami, handle deaths in their cities. The Miami-Dade Sheriff’s Office handles unincorporated areas. We request their reports and follow up on what they find.

Why families choose Redondo Law

When you hire a Miami wrongful death lawyer, you should know who is working on your case. Mike Redondo personally oversees every case. Before founding Redondo Law in 2019, he spent six years at Holland & Knight defending major corporations in catastrophic injury and wrongful death cases. He knows how corporate defendants and their lawyers build a defense in a death case, and he now uses that knowledge for families. Read more about Mike Redondo.

We treat every family with patience and respect. Our staff is fully bilingual, and our phones are answered 24/7. You can see our case results.

Frequently asked questions

Who can file a wrongful death lawsuit in Florida?

Only the personal representative of the estate can file. That is the person named in the will or appointed by the probate court. The personal representative files one claim for the estate and all of the survivors, which can include the spouse, children, parents and certain relatives who depended on the person who died. If no one has been appointed yet, we can help the family with that step.

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

In most cases, you have 2 years from the date of death to file a lawsuit. Claims against a government agency need written notice first, and federal maritime law can change the rules for deaths on the water. Do not wait for the deadline. Video, records and witness memories can be lost long before 2 years pass.

How much is a wrongful death case worth?

No lawyer can honestly tell you a number at the start. The value depends on factors such as the age and health of the person who died, their income and the support they provided, who the survivors are, the strength of the evidence, any shared fault and the insurance available. We look at all of these and explain them to you as the case develops.

Does the family have to go to court?

Many wrongful death cases settle without a trial. Family members may need to answer written questions or give a deposition, which is sworn testimony in a lawyer’s office. Some settlements, especially those involving children, may need a judge’s approval. If a case goes to trial, we prepare you for every step and you will not face it alone.

What if there were criminal charges?

A criminal case and a wrongful death case are separate. The criminal case is brought by the State and needs proof beyond a reasonable doubt. The civil case needs proof that it is more likely than not that the defendant caused the death. A civil case can go forward even without charges or a conviction. A conviction can help, but you do not need to wait for it.

What if my loved one was partly at fault?

You may still have a claim. Florida uses modified comparative negligence. In most cases, if your loved one is found more than 50% at fault, the family generally recovers nothing. At 50% or less, the recovery is reduced by that share. For example, in a hypothetical case where a jury finds 20% fault, damages are reduced by 20%. Medical malpractice cases follow different rules.

If you lost a loved one anywhere in Miami-Dade, call (305) 908-6778 or contact us online for a free, confidential consultation with a Miami wrongful death attorney.