Nothing prepares a family for the phone call that a parent, spouse or child is gone. In the days that follow, there are funeral plans to make, bills arriving and questions that nobody seems able to answer. Who was at fault? Was an insurance company already calling? What happens to the household now that a paycheck is gone? These are the questions families across Miami-Dade County bring to us, and they deserve careful, honest answers.

Over the years, the Law Offices of Jason Turchin has been involved in many wrongful death cases. We have seen how a single careless decision on the road, on the water or on someone’s property can change a family’s life forever. This guide walks through the types of fatal accident cases our office handles, what Florida law may allow, and how we can help your family take the next step.

Types of Fatal Accident Cases Our Miami Office Handles

Wrongful death claims can arise from many kinds of incidents. You can learn more on our Florida wrongful death claims and lawsuits page, but here are some of the situations we see most often in South Florida:

• Car crashes: Speeding, distracted driving, running red lights and unsafe lane changes on roads like I-95, the Palmetto Expressway and US-1 can lead to tragic outcomes. Our page on filing a Florida fatal car accident claim explains more.
• Drunk and impaired driving: When a driver chooses to drive impaired, families may have claims against the driver and, in some situations, others connected to the crash.
• Hit-and-run crashes: Even when the driver flees, families may still have options. Read about the legal rights of victims after a fatal hit-and-run.
• Pedestrian and bicycle accidents: Cyclists and people on foot have little protection when struck by a vehicle. See our page for Florida bicycle accident and fatal crash lawsuits.
• Motorcycle and truck crashes: The size difference between vehicles often makes these collisions deadly.
• Boating accidents: Biscayne Bay and Miami’s waterways are busy, and operator inattention or alcohol can turn a day on the water into a tragedy. Learn about boating accidents in Miami.
• Unsafe property conditions: Negligent security, pool drownings and dangerous conditions on someone else’s property may also lead to wrongful death claims.

Examples of How Fatal Accident Claims May Arise

Every case is different, and the examples below are general illustrations, not results from specific cases. They show how a claim might take shape.

• A Miami father is killed when a driver looking at a phone rear-ends his car in traffic. His spouse and young children may seek compensation for lost financial support, lost guidance and their grief.
• A retired Kendall woman walking in a crosswalk is struck by a driver who leaves the scene. Her adult children may explore claims through her own auto insurance coverage, even if the driver is never found.
• A young man riding as a passenger on a boat dies after the operator, who had been drinking, hits a channel marker. His parents may have a claim against the operator and possibly the boat owner.

Who May Recover Under Florida Wrongful Death Law

Florida’s Wrongful Death Act, found in Chapter 768 of the Florida Statutes, generally requires the claim to be filed by the personal representative of the deceased person’s estate. That person brings the case on behalf of the estate and the survivors. Survivors may include a spouse, children, parents and, in some cases, blood relatives or adoptive siblings who were partly or wholly dependent on the person for support.

Depending on the facts, damages may include:

• Lost financial support and household services
• Loss of companionship, protection and parental guidance
• Mental pain and suffering of certain survivors
• Medical and funeral expenses paid by the family or estate
• Lost earnings and benefits the deceased person might reasonably have earned

How Our Firm Can Help Your Family

After a fatal accident, the at-fault party’s insurer may move quickly. Our team can step in so your family can focus on grieving and healing. We may be able to help by:

1. Investigating the crash, including police reports, video, witness statements and vehicle data
2. Identifying every insurance policy and responsible party that may apply
3. Helping with the process of opening an estate and appointing a personal representative
4. Documenting your family’s financial and emotional losses
5. Negotiating with insurers and, when appropriate, filing a lawsuit

Timing matters. In Florida, wrongful death claims generally must be filed within two years of the date of death, and some claims involving government entities may require earlier notice. Evidence can also disappear quickly, so speaking with a lawyer sooner rather than later may help protect your family’s options.

Our Background and Experience

Founded by attorney Jason Turchin, our firm has helped injured people and grieving families throughout Florida. Jason Turchin has been named to Super Lawyers every year from 2020 through 2026, after being selected as a Super Lawyers Rising Star in 2011 and 2013 through 2016. He holds an AV Preeminent peer rating from Martindale-Hubbell for 2026, received the Martindale-Hubbell Client Champion Platinum Award in 2026, and has an AVVO 10.0 Superb rating. Our firm has been A+ rated by the BBB every year since 2014.

Jason is a member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, a Lifetime Charter Member of Best Attorneys of America, and a #1 best selling author on Amazon on accident law. He has been featured on CBS Evening News, CNN and in The New York Times, The Wall Street Journal and The Washington Post. In 2026, he was named to the 7 Figure Litigators list and America’s Top 100 Personal Injury Attorneys list.

Frequently Asked Questions About Miami Wrongful Death Claims

Who can file a wrongful death lawsuit in Miami?

In Florida, the personal representative of the estate generally files the claim. This person is often named in a will or appointed by the court, and the case is brought on behalf of the estate and qualifying survivors.

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

The deadline is generally two years from the date of death, though certain exceptions and shorter notice rules may apply, especially when a government agency is involved. A lawyer can review your situation and help identify the deadline that applies.

What if the driver who caused the death was charged with a crime?

A criminal case and a wrongful death claim are separate. A family may be able to pursue a civil claim whether or not the driver is convicted, and the criminal case does not usually decide the outcome of the civil claim.

Can we still have a claim if our loved one was partly at fault?

Possibly. Florida uses a modified comparative negligence system, which can reduce or, in some cases, bar recovery depending on the percentage of fault. The facts matter, so it can help to have an experienced attorney review the evidence.

How much does it cost to hire your firm?

Our firm handles personal injury and wrongful death cases on a contingency fee basis, which generally means attorney fees are paid out of a recovery. We can explain how fees and costs work during your consultation. We waive all fees and costs if there is no settlement or verdict in your favor.

Talk With a Miami Wrongful Death Lawyer Today

Losing a loved one is devastating, and you do not have to sort out the legal questions on your own. Our experienced team can listen to what happened, explain your family’s possible options and help you decide what comes next. Call 800-337-7755 today to speak with our office about your family’s situation.

Step 1: Prioritize Safety and Health

Immediately after an accident, your safety and health should be your primary concern. If you or anyone involved is injured, call 911 to report the accident and request medical assistance. Even if you believe your injuries are minor, it’s still important to get checked out by a medical professional. Some injuries, such as whiplash or internal damage, may not show symptoms right away but can cause significant issues later.

Additionally, the police report created at the scene will be an important piece of evidence in any legal claim. The police officer will assess the situation, speak to witnesses, and document the accident’s details, which can help support your case later.

Step 2: Gather Evidence

If you’re physically able, take the time to gather evidence at the scene. This includes:

• Taking photos of the vehicles involved, any property damage, road conditions, and visible injuries
• Collecting contact information from the other driver(s) involved, including their insurance details
• Getting the names and contact information of any witnesses who saw the accident

This evidence can be crucial in proving liability and ensuring that you receive compensation for your damages.

Step 3: Report the Accident to Your Insurance Company

Florida operates under a no-fault insurance system, meaning that regardless of who caused the accident, your own insurance company is responsible for paying certain damages. It’s important to notify your insurance provider as soon as possible after the accident to start the claims process. Florida requires drivers to carry Personal Injury Protection (PIP) insurance, which will cover a portion of your medical bills and lost wages, up to a certain limit.

However, if your injuries exceed the limits of your PIP coverage, or if your accident involved serious injury or wrongful death, you may need to pursue a claim against the at-fault driver’s insurance. This is where a Fort Lauderdale car accident lawyer can be essential.

Step 4: Contact a Fort Lauderdale Car Accident Lawyer

Dealing with insurance companies and legal procedures can be stressful, especially if you’re recovering from an injury. Insurance companies may try to minimize the amount they pay out or even deny your claim entirely. An experienced Fort Lauderdale car accident lawyer can advocate for you, ensuring that your rights are protected and that you receive the compensation you deserve.

A lawyer can help you by:

• Investigating the accident to determine fault
• Gathering evidence, including police reports, medical records, and witness statements
• Negotiating with insurance companies to obtain a fair settlement
• Filing a lawsuit on your behalf if a settlement cannot be reached
• Representing you in court if necessary

In cases where the other driver was negligent or reckless, such as in drunk driving or distracted driving accidents, your lawyer can help hold them accountable for the harm they caused.

Common Damages in Fort Lauderdale Car Accident Claims

After a car accident in Fort Lauderdale, you may be entitled to various forms of compensation, depending on the circumstances of the crash and the severity of your injuries. Some common damages you can claim include:

• Medical expenses: This includes hospital stays, surgeries, physical therapy, medications, and any other necessary treatment.
• Lost wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost as a result.
• Pain and suffering: Beyond the physical injuries, car accidents can lead to emotional distress and a diminished quality of life. You may be entitled to compensation for these non-economic damages.
• Property damage: If your vehicle or other property was damaged in the accident, you can seek reimbursement for the cost of repairs or replacement.
• Loss of future earnings: If your injuries have long-term consequences that affect your ability to work, you may be entitled to compensation for future lost income.

How Comparative Negligence Impacts Your Claim in Florida

Florida follows a modified comparative negligence rule when it comes to car accidents. This means that even if you are partially at fault for the accident, you can still recover certain damages, unless you are more than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%.

A Fort Lauderdale car accident lawyer can help you navigate this complex legal doctrine and work to minimize any claims of shared responsibility, maximizing your recovery.

How a Fort Lauderdale Car Accident Lawyer Can Make a Difference

In the aftermath of a car accident, your focus should be on healing and getting your life back to normal. A Fort Lauderdale car accident lawyer can take the burden of dealing with insurance companies and legal challenges off your shoulders. They understand the local laws and have experience dealing with both minor and severe car accident cases in Fort Lauderdale.

If you or a loved one has been injured in a car accident in Fort Lauderdale, don’t hesitate to seek legal advice. The Law Offices of Jason Turchin can help you navigate your car accident claim and work to get you the compensation you deserve. Contact us today for a free consultation to discuss your case and learn how we can assist you in getting your life back on track.

For more information, visit our website at www.jasonturchin.com.