Miami-Dade Wrongful Death Lawyers

A Miami-Dade wrongful death lawyer helps a family pursue compensation when a loved one dies because of another party's negligence or wrongdoing. Florida law requires the claim to be filed by a court-appointed personal representative on behalf of the survivors and the estate. 

Most people assume a grieving spouse or parent simply files a lawsuit. Under Florida law a personal representative, appointed through the estate, brings a single wrongful death action on behalf of everyone the law recognizes as entitled to recover. 

Berger & Hicks guides families across Homestead, West Kendall, and the South Miami-Dade suburbs through that process from the first phone call.

Who Can File a Wrongful Death Claim in Miami-Dade?

A wrongful death claim in Florida is filed by the personal representative of the deceased person's estate, not directly by family members, under Fla. Stat. § 768.20. That representative is often the surviving spouse, but the probate court can appoint someone else if no will names one. The representative brings one case for everyone the statute defines as a survivor.

Florida law lists specific people who may recover through that single claim, and not everyone connected to the deceased qualifies.

• The surviving spouse, who may recover for lost companionship and mental pain from the date of injury forward.
• Minor children, and adult children if there is no surviving spouse, for lost parental guidance and companionship.
• Parents of a deceased minor child, and parents of an adult child if no other survivor exists.
• Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support.
• The estate itself, for medical and funeral expenses and lost accumulations.

How Berger & Hicks Approaches a Wrongful Death Case

Martin Berger has practiced for over three decades and holds an AV Preeminent rating. Zachary Hicks, a Super Lawyers honoree, is fluent in Spanish, which is important for families across South Miami-Dade who want to discuss a wrongful death claim in the language they are most comfortable using. 

Both partners work these cases directly. A wrongful death case often runs alongside probate proceedings, medical record requests, and sometimes a criminal investigation into the same incident. Coordinating all of that takes an attorney who is available to the family.

Berger & Hicks takes these cases on a no-fee-unless-recovery basis, and the first conversation is free.

What Damages Are Available Under the Florida Wrongful Death Act?

The Florida Wrongful Death Act, found at Fla. Stat. § 768.21, sets out specific categories of damages, and what a particular survivor may recover depends on their relationship to the deceased.

Survivor	May Recover
Surviving spouse	Lost companionship, protection, and mental pain and suffering
Minor children	Lost parental companionship, instruction, guidance, and mental pain and suffering
Adult children	Same as minor children, only if there is no surviving spouse
Parents	Mental pain and suffering, if the deceased was a minor or there is no surviving spouse or children
Estate	Medical and funeral expenses, lost earnings and accumulations

Other categories of loss apply more broadly across survivors and the estate, including: 

• Lost support and services from the date of injury through death, plus future losses reduced to present value.
• Medical and funeral expenses that became a charge against the estate.
• Lost net accumulations the deceased would likely have earned over a normal life expectancy.
• Punitive damages in cases involving especially reckless or intentional conduct.

A family may be entitled to more than one of these categories at once, and the personal representative's job includes presenting all of them to the court on behalf of every eligible survivor.

What Counts as a Wrongful Death Under Florida Law?

Florida's Wrongful Death Act applies whenever a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person or company, under Fla. Stat. § 768.16. That definition covers a wide range of situations.

• Car, truck, or motorcycle accidents caused by another driver's negligence.
• Medical malpractice, including a delayed diagnosis or a surgical error.
• Negligent security or unsafe conditions on someone else's property.
• A defective product that failed and caused fatal injuries.
• Workplace incidents involving a third-party outside the employer relationship.

Does Comparative Fault Affect a Wrongful Death Claim?

Yes, in most wrongful death cases based on ordinary negligence, such as a car accident. Florida applies a modified comparative fault rule under Fla. Stat. § 768.81, which bars any recovery if the deceased is found more than 50 percent at fault for their own death. If the deceased shares 50 percent or less of the fault, the family's recovery is reduced by that percentage rather than eliminated entirely.

Medical malpractice wrongful death claims work differently. Section 768.81(6) carves out an exception for cases arising under Florida's medical negligence chapter, so those claims continue to follow the older rule where a reduced recovery remains available regardless of the percentage of fault assigned to the deceased.

Insurance companies and defense attorneys lean on comparative fault arguments in wrongful death cases, often suggesting the deceased contributed to the incident in ways the evidence does not actually support. Countering that requires a thorough investigation into the incident itself, not just an assumption that the family's account will be taken at face value.

This is one reason the timing of an investigation matters in a fatal accident case. Skid marks fade, surveillance footage gets overwritten, and witnesses' memories change within days of an incident. 

Berger & Hicks moves quickly to preserve evidence that a comparative fault defense would otherwise be built around months later.

How Long Do Survivors Have to File a Wrongful Death Claim in Florida?

Florida generally gives survivors two years from the date of death to file a wrongful death lawsuit, under Fla. Stat. § 95.11(5)(e). That clock runs from the date of death, not from the date of the underlying injury, which matters in cases where someone survived an accident or medical error for weeks or months before dying.

Missing that window generally bars the claim entirely, regardless of how clear the underlying negligence turns out to be. Families dealing with probate, funeral arrangements, and grief often lose track of time, which is part of why an early consultation, even before every detail is settled, can protect the family's options.

What Happens During a Wrongful Death Case

A wrongful death case in Miami-Dade generally moves through several stages, and knowing what to expect ahead of time reduces the number of surprises along the way.

• Appointment of a personal representative through the probate court, if one is not already named in a will.
• Investigation into the cause of death, including medical records, incident reports, and witness statements.
• Filing the complaint identifying every eligible survivor and the damages sought.
• Discovery, where both sides exchange evidence and take depositions.
• Resolution through settlement or, if the defendant will not offer a fair outcome, trial.

Berger & Hicks prepares every wrongful death case as though it may go to trial, because that preparation is often what brings a defendant or its insurer to the table with a serious settlement offer instead of a lowball one.

Insurance companies involved in a wrongful death claim often move quickly to offer a settlement before the family has a full picture of the loss, particularly the lost future income and support a deceased parent or spouse would have provided over a normal working life. Accepting an early offer can close the door on a fuller recovery once those numbers are properly calculated.

What to Bring to a First Consultation

A first meeting moves faster when the family brings a few key documents, though nothing here is required before reaching out.

• A death certificate, if one has been issued.
• Any police report, incident report, or medical records related to the death.
• Contact information for other family members who may qualify as survivors.
• Insurance information for anyone believed to be responsible.

None of this needs to be complete before calling. Berger & Hicks can help track down what is missing once the case is underway.

FAQ for the Miami-Dade Wrongful Death Lawyers at Berger & Hicks

Talk With a Miami-Dade Wrongful Death Attorney When You're Ready

There is no rush to call the day something happens, and there is no requirement to have every document in order first. 

Berger & Hicks, P.A. is available to families across Homestead, West Kendall, and the South Miami-Dade suburbs whenever they are ready to talk, at no cost for the first conversation and no fee unless the case recovers.