Wrongful Death Lawyer in Miami

Nothing can replace the person you lost. But when a death is caused by a careless driver, a trucking company, an unsafe property, or another person’s negligence, Florida law allows the family to hold the responsible party accountable. Miami wrongful death lawyer Tomas Robirosa helps families in Miami-Dade, Broward, and Palm Beach counties understand the process and pursue the compensation Florida law allows, with care, patience, and in their own language. Se habla español.

What Is a Wrongful Death Claim in Florida?

Florida’s Wrongful Death Act (sections 768.16 through 768.26 of the Florida Statutes) allows a claim when a person dies because of the wrongful act, negligence, or default of another, in a situation where the person could have sued for their injuries had they survived.

Common causes of wrongful death cases

• Car, truck, and motorcycle crashes.
• Pedestrian and bicycle accidents.
• Rideshare and delivery vehicle crashes.
• Boating and golf cart accidents.
• Negligent security, such as assaults in apartment complexes, parking lots, and hotels.
• Dangerous conditions on a property, including falls and drownings.

What families should do now

• Keep the death certificate, police or incident reports, and medical and funeral bills.
• Do not sign anything or give a recorded statement to an insurance company before speaking with a lawyer.
• Write down the names of witnesses and anyone who contacted the family about the incident.
• Talk to a lawyer early. Evidence such as video footage and vehicle data can be lost quickly.

How a Florida Wrongful Death Case Works

Who brings the claim

The lawsuit is filed by the personal representative of the deceased person’s estate. That person is often named in the will or appointed by the probate court. The personal representative brings the claim for the benefit of the estate and the survivors.

Who the law considers survivors

Survivors generally include the spouse, children, and parents of the deceased, and certain other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services.

Damages that may be available

• For survivorsthe value of lost support and services; for a spouse, loss of companionship and protection and mental pain and suffering; for children, lost parental companionship, instruction, and guidance and mental pain and suffering, as the law allows; for parents of a minor child, mental pain and suffering.
• For the estatemedical and funeral expenses paid by the estate, lost earnings from the date of injury to death, and, in some cases, lost net accumulations.

Who may recover each type of damage depends on the family’s situation and the type of case. We explain it clearly so your family knows what to expect.

Deadline to file

Generally, a Florida wrongful death lawsuit must be filed within two years of the date of death. Every case is different, so speak with an attorney to confirm the deadline that applies to you. Some claims have shorter notice requirements or different rules, so it is important not to wait.

How we help

We investigate what happened, preserve evidence, identify every responsible party and insurance policy, work with the probate process to appoint a personal representative when needed, and handle communication with insurance companies so your family can focus on each other.

How We Handle Your Case

• Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
• Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
• Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
• Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.

Frequently Asked Questions