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Miami Wrongful Death Lawyers
Losing a loved one can be a devastating experience, especially when the tragedy was entirely preventable and caused by someone else’s negligence. In such trying times, our top-rated Miami wrongful death lawyers understand the profound trauma families may experience and have the legal firepower to hold the responsible parties accountable.
At the Law Offices of Jason Turchin, our litigation team is dedicated to helping families in Miami-Dade County. We have filed numerous Florida wrongful death lawsuits and recovered millions in compensation for grieving families. Every fatal accident case is unique, so please contact our Miami office at (305) 373-0550 to discuss your specific situation confidentially.
👉 Call today or use our live chat for a free consultation. You won’t pay any fees or costs unless we win or settle your case.
Understanding Wrongful Death Claims in Miami
A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional misconduct of another individual or corporation. In Miami, these claims are often highly complex, requiring a deep understanding of local courts, probate law, and aggressive insurance defense tactics.
In Miami-Dade County, wrongful death lawsuits most frequently arise from:
- Motor Vehicle Accidents: Fatal crashes on I-95, the Palmetto Expressway (826), or local intersections involving cars, motorcycles, pedestrians, or rideshare vehicles.
- Commercial Truck Accidents: Devastating collisions involving 18-wheelers, delivery trucks, or cement mixers operating on crowded South Florida highways.
- Medical Malpractice: Fatal errors by doctors, nurses, or staff at local facilities like Jackson Memorial Hospital or Baptist Health.
- Premises Liability: Fatal incidents resulting from negligent security, swimming pool drownings, balcony collapses, or unsafe construction sites.
- Defective Products: Tragedies caused by exploding appliances, vehicle manufacturing defects, or dangerous medications.
Who Can Bring a Wrongful Death Claim in Florida?
Florida law is very specific about who may bring a wrongful death claim. Unlike some states, individual family members do not file the lawsuit themselves.
In Florida, a wrongful death lawsuit must be officially filed by the Personal Representative of the deceased person’s estate. This person is usually named in the deceased’s will. If there is no will, the Miami probate court will appoint a representative.
Although the Personal Representative files the case, our attorneys can pursue maximum financial damages on behalf of all eligible surviving family members, which may include:
- The surviving spouse
- Minor children (and in specific circumstances, adult children)
- Parents of the deceased
- Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support
The Florida Wrongful Death Act Explained
Wrongful death claims in our state are governed exclusively by the Florida Wrongful Death Act (Florida Statutes § 768.16 – 768.26). The stated public policy of this law is to shift the financial losses resulting from a wrongful death directly from the surviving family members to the wrongdoer who caused the fatal accident.
Under the Act, a claim can be filed when a death is caused by any “wrongful act, negligence, default, or breach of contract or warranty.” This means that whether your loved one died because a drunk driver ran a red light on Biscayne Boulevard (negligence) or because a manufacturer sold a defective and dangerous product (breach of warranty), the law provides a clear avenue for your family to seek justice and financial restitution.
How a Wrongful Death Lawsuit Works in Miami
Navigating the legal aftermath of a tragedy can be overwhelming. At the Law Offices of Jason Turchin, we can handle the heavy legal lifting so your family can focus on healing and honoring your loved one. Here is how the wrongful death claim process generally works:
- Initial Investigation & Evidence Preservation: We would immediately launch an independent investigation. In Miami, this often means securing traffic camera footage if possible, obtaining the homicide report from the Miami-Dade Police Department, downloading vehicle “black box” data, and interviewing witnesses before evidence disappears.
- Establishing the Estate: Because Florida law requires the Personal Representative to file the lawsuit, our firm works closely with probate attorneys to officially open the estate in the Miami-Dade County Probate Court or where appropriate.
- Calculating Damages: We can partner with medical experts, life care planners, and forensic economists to accurately calculate the full lifetime value of your loved one’s lost income, benefits, and the profound emotional loss to your family.
- Demand and Negotiation: We can present a comprehensive demand package to the at-fault party’s corporate insurance company. We can aggressively negotiate to secure a maximum settlement without putting your family through a prolonged trial.
- Litigation and Trial: If the insurance company refuses to offer a fair settlement, our trial lawyers are fully prepared to file a formal lawsuit in the Miami-Dade Circuit Court and present your case to a jury.
Types of Wrongful Death Cases We Handle
With over two decades of heavy litigation experience, our firm has the resources and knowledge to take on complex fatal accident cases across all areas of personal injury law. We can handle wrongful death claims involving:
- Fatal Auto Accidents: Including catastrophic car crashes, commercial trucking collisions, devastating motorcycle accidents, and pedestrian fatalities on dangerous South Florida roadways.
- Maritime & Cruise Ship Accidents: As a major hub for the cruise industry, Port of Miami sees millions of passengers. We can handle fatal cruise ship accidents, tragic shore excursion incidents, and boating collisions under complex maritime laws.
- Premises Liability & Negligent Security: When property owners fail to protect their guests. This includes fatal apartment fires, swimming pool drownings, balcony collapses, and fatal assaults or shootings caused by a lack of security at Miami nightclubs, hotels, or shopping centers.
- Defective Products: Holding global manufacturers strictly liable when a consumer is killed by a defective auto part (like an exploding airbag or seatbelt failure), a dangerous prescription drug, or a malfunctioning household appliance.
- Medical Malpractice: Seeking justice when a preventable error by a doctor, nurse, or hospital staff member leads to a fatal misdiagnosis, surgical error, or fatal medication overdose.
- Workplace & Construction Accidents: Fatal falls, heavy machinery accidents, and electrocutions on Miami construction sites due to third-party negligence or OSHA safety violations.
Miami Wrongful Death Case Results
Our Miami Wrongful Death Lawyers have handled numerous high-stakes claims for families who lost a loved one due to negligence in South Florida. While past results do not guarantee future outcomes, some of our notable recoveries include:
- $4,000,000+ Recovery: We represented the family of a young man killed while riding a scooter who was hit by a drunk driver who fled the scene. Forensic evidence linked the driver to the fatal crash.
- $2,000,000+ Recovery: Our premises liability lawyers represented the family of a young girl who tragically drowned after falling into an unsecured lake in her apartment complex.
- $1,000,000+ Recovery: After a poorly maintained van carrying migrant workers overturned, we represented the grieving family of a man who was killed in the crash.
Why Choose the Law Offices of Jason Turchin?
When battling massive insurance companies and corporate defense lawyers in Miami, your family may need a law firm with heavy litigation experience and deep financial resources. Choosing us means you may benefit from:
- Elite Legal Authority: Jason Turchin is AV Preeminent® Rated by Martindale-Hubbell and maintains a 10.0 Superb AVVO Rating for ethical, aggressive advocacy.
- Comprehensive Representation: We can handle everything necessary for a successful case. We can investigate the crash, coordinate with probate counsel to establish the estate, hire accident reconstruction experts when needed, and aggressively litigate the civil claim so you can focus on your family.
- The Zero-Fee Guarantee: We handle all wrongful death claims on a contingency fee basis. You will not pay any attorney’s fees or out-of-pocket costs unless we win or settle your case.
Miami Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Florida?
In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. Missing this strict deadline will permanently bar your family from recovering compensation. It is often vital to consult with an attorney immediately to preserve evidence.
Can you get pain and suffering compensation if a family member died in an accident in Florida?
Yes, many family members may qualify for compensation if a loved one died in an accident in Florida. What compensation is available may determine the family status, like if you are a spouse, sibling or child.
What damages can my family recover in a wrongful death claim?
Depending on your relationship to the deceased, damages can include medical expenses incurred before death, funeral and burial costs, loss of the deceased’s future income and financial support, loss of companionship, and severe emotional pain and suffering.
Is a wrongful death lawsuit the same as a criminal case?
No. Wrongful death cases are civil claims focused on financial accountability and compensation for the surviving family. They are completely separate from any criminal prosecution (such as a DUI manslaughter trial), and you do not typically need to wait for a criminal conviction to file a civil lawsuit.
Can you file a wrongful death case if the deceased did not have a will?
The lack of a will does not prevent your family from filing a wrongful death claim. If there is no will, the Miami probate court will formally appoint a Personal Representative (usually a spouse or close family member) to bring the lawsuit on behalf of the estate.
Can adult children receive compensation in a wrongful death case?
Yes, under certain circumstances. Adult children may be eligible to recover damages for lost parental companionship and mental pain and suffering, specifically if there is no surviving spouse, or if the claim involves medical malpractice under specific statutory guidelines.
How much does a Miami wrongful death lawyer cost?
The Law Offices of Jason Turchin handles all wrongful death claims on a contingency fee basis. This means your family will not pay any upfront attorney’s fees or out-of-pocket costs unless we successfully recover a settlement or jury verdict on behalf of you or the estate.
