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Miami-Dade · Broward · Palm Beach

Wrongful Death Lawyer in Miami

Lost a Loved One Because of Someone Else’s Negligence?

Call (305) 600-0529 Free Case Review

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No attorney’s fee unless we recover
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Free ConsultationNo cost, no obligation
No Fee Unless We RecoverContingency fee cases
Bilingual AttorneyEnglish & Spanish
Available 24/7Same-day communication

On this page

What Is a Wrongful Death Claim in Florida?
How a Florida Wrongful Death Case Works
How We Handle Your Case
Frequently Asked Questions

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

In most cases, a Florida wrongful death lawsuit must be filed within two years of the date of death. 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.

Florida Law at a Glance

Deadline: in most cases, a Florida wrongful death lawsuit must be filed within two years of the date of death.
Who files: the personal representative of the estate brings the claim for the estate and the survivors.

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

Who can file a wrongful death lawsuit in Florida?

Under Florida’s Wrongful Death Act, the claim is brought by the personal representative of the deceased person’s estate on behalf of the estate and the surviving family members the law recognizes.

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

In most cases, two years from the date of death. Some claims have different deadlines, so speak with a lawyer as soon as possible.

What damages can be recovered in a Florida wrongful death case?

Depending on the facts and the family members involved, damages may include lost support and services, loss of companionship and guidance, mental pain and suffering of certain survivors, medical and funeral expenses, and losses to the estate.

What does it cost to hire a wrongful death lawyer?

Consultations are free, and wrongful death cases are handled on a contingency fee basis, which means there is no attorney’s fee unless there is a recovery.

Can our family speak with the lawyer in Spanish?

Yes. Tomas Robirosa and our team speak Spanish and English.

Free Consultation!

Prefer to talk to a lawyer now?

Call (305) 600-0529Se habla español · Available 24/7

Tomas Robirosa, Esq.Founding Attorney
Florida Supreme Court Certified Circuit Civil Mediator

Tomas Robirosa, Miami personal injury lawyer

Your Attorney

Work Directly With Attorney Tomas Robirosa

Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.

He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.

Licensed in Florida
Bilingual: English & Spanish
Certified Circuit Civil Mediator
U.S. District Court, S.D. Florida
Free consultations
Contingency fee: no fee unless we recover

Recognition & memberships

What Our Clients Say

Real reviews from real clients on Google.

      EXCELLENT  
   Based on 32 reviews 
    
 
 
 
   
 
 
       Posted on Google  
   
   Sebastian C 
 
 
 
 Trustindex verifies that the original source of the review is Google. Excelente servicio. Me acompañaron durante todo el proceso, siempre estuvieron pendientes de mi caso y mantuvieron una comunicación constante. El equipo fue muy atento, profesional y dispuesto a ayudar en todo momento. ¡Totalmente recomendados!
  
 
      Posted on Google  
   
   Rosalia Rodriguez Aquino 
 
 
 
 Trustindex verifies that the original source of the review is Google. Es muy buen Abogado, confiable, transparente y muy humanitario. Estás siempre pendiente a todos y muy comunicativo. Me siento muy satisfactoria de su buen trabajo. Ojalá hayan muchos abogados como él. Que Dios lo bendiga Gracias, porque ganamos el caso
  
 
      Posted on Google  
   
   Andrea Silva 
 
 
 
 Trustindex verifies that the original source of the review is Google. 🌟🌟🌟🌟🌟 Wow- excelente experiencia con Tomás. Lo recomiendo al 100%. Cuando ningún otro abogado me apoyaba y sentía que el caso estaba perdido, me conectaron con él y ¡ganamos!  El proceso fue claro, fluido y efectivo. Es muy profesional, sabe exactamente lo que hace y realmente le importa ayudar a sus clientes. Estoy muy agradecida por su apoyo y sin duda lo recomendaré a cualquier persona que necesite un abogado.
  
 
      Posted on Google  
   
   Karim Badawy 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thomas is a true professional! He is knowledgeable and will provide everything he knows for you!
Highly recommend!
  
 
      Posted on Google  
   
   Evelynorteganavarro1211 Ortega 
 
 
 
 Trustindex verifies that the original source of the review is Google. Lo súper recomiendo, una persona muy profesional, honesta. Me ayudó a mí con la solución de un caso, todo salió súper bien,sin duda alguna el mejor..
  
 
      Posted on Google  
   
   Claudn Tattoo 
 
 
 
 Trustindex verifies that the original source of the review is Google. The best of the best! Currently helping me through my case. Thomas has literally taken away all the stress from this court case
  
 
      Posted on Google  
   
   Maria Lopez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Quick responses and super helpful. I have the pleasure of working with Thomas and he has been great.
  
 
      Posted on Google  
   
   Faith 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was in a 4 car accident (not at fault), and the whole situation was hectic, to say the least. That's why I'm so happy I found Tomas! From day one, he's given me peace of mind in this extremely stressful situation. He is unlike any other attorney I've worked with.

Tomas made the whole process easy. He educated me on every aspect of my case, answering questions I didn't even know I had. By keeping an open line of communication and calling often with updates and advice, he shows how personally dedicated he is. He fought hard to get me the maximum benefits for both my PIP settlement and my UM policy — and he succeeded!

It was difficult to find an attorney that would take my case and stick with it, but Tomas stepped up and stayed by my side.

I highly recommend Attorney Tomas to anyone who wants to stay informed on their case and get the best possible settlement. I know who I'll call if another reckless driver hits me!
  
 
      Posted on Google  
   
   Alejandro Estrada 
 
 
 
 Trustindex verifies that the original source of the review is Google. Excelente comunicación explicándome todo el proceso de reclamación . Me mostró empatía por los daños sufridos en mi apartamento a causa de un tubo roto .
  
 
      Posted on Google  
   
   Steven Lamela 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was referred to Tomas by a relative who spoke very highly of him after a successful case and immediately, I understood why. Speaking only from my experience, he was extremely easy to work with. He was able to get a far better result than I expected for my case, and there was always very clear communication whenever I had questions or concerns. Highly recommended!
  
 
  
  
 
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