Lost a Loved One in a Fatal Accident in Miami? How a Miami Wrongful Death Lawyer May Help

If you lost a loved one in a fatal accident in Miami, a Miami wrongful death lawyer may help your family pursue a claim. In Florida, the estate’s personal representative can generally file on behalf of a surviving spouse, children, parents and certain dependents, seeking lost support, funeral costs and loss of companionship. Call 800-337-7755 to talk with our team.

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.