Wrongful Death Lawyer in Miami, FL

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There is nothing more traumatic or painful than losing a loved one unexpectedly. If you are dealing with the loss of a loved one, Freidin Brown, P.A., is here for you during this difficult time. A Miami wrongful death lawyer at our firm can help you hold the responsible party accountable for your loved one’s death and recover the compensation your family needs and deserves.

Contact us to discuss your case during a free consultation and see how we deliver the intimate, compassionate service of a small firm with a big firm punch.

What Is a Wrongful Death Lawsuit Under Florida Law?

Wrongful death lawsuits are civil legal actions that hold a person or an entity accountable for causing another’s death through negligent, wrongful, or intentional acts. One way to understand these cases is to view them as personal injury claims where the victim can no longer bring legal action on their own. Instead, another party (i.e., a personal representative of the decedent’s estate) will need to bring the wrongful death action.

How Our Wrongful Death Lawyers in Miami Can Help With Your Case

Under Florida law, wrongful death occurs when an individual suffers a fatal injury due to the “wrongful act, negligence, default, or breach of contract or warranty of any person.” There are many facets to a wrongful death case, and we know how overwhelming it can feel in the wake of a loved one’s passing.

For more than four decades, we have guided families through personal injury and wrongful death cases following tragic accidents, medical mistakes, and major disasters in Miami, and our team can help you to:

Investigate your loved one’s accident to determine its cause and who is at fault
Identify liable parties and take legal action to initiate your case
Collect evidence to support your case, such as eyewitness statements, videos, photographs, police reports, medical records, and expert testimony
Handle paperwork and make sure you meet all deadlines
Communicate with insurance agents, defense counsel, and other parties on your behalf
Negotiate for the maximum possible settlement

We will not back down from pursuing your case all the way to trial if necessary. Our staff includes two Board Certified Civil Trial attorneys, including our founding partner Philip Freidin, who has tried more than 300 cases before a jury.

I love doing this work. I love representing people, and I love helping them.

Philip Freidin

Founding Partner

How Do I Know I Have the Grounds for a Wrongful Death Claim in Miami?

Determining whether you have grounds for a wrongful death claim in Miami often depends on several key factors. To establish a wrongful death claim, you must prove that the negligence of another person or entity caused the death of your loved one. This involves showing that the defendant had a duty of care to the deceased, that they breached this duty, and that the breach directly resulted in the death.

Wrongful death claims are civil cases, separate from any criminal proceedings related to the death. If there is a criminal trial, it operates independently of the wrongful death lawsuit, though evidence or verdicts from the criminal case can sometimes influence the civil case. Families can pursue compensation for their loss in many situations where negligence plays a role.

Who Can Pursue Wrongful Death Damages in Miami?

Florida Statutes § 768.20 states that the decedent’s estate’s personal representative (executor) is the only party that can bring a wrongful death lawsuit in Florida. The decedent can name this person in a will, or a judge will appoint someone if no will exists (usually a surviving spouse, parent, or adult child).

The executor is responsible for bringing the wrongful death claim on behalf of the estate and qualifying beneficiaries. Family members who may be entitled to obtain damages include:

The deceased person’s spouse
The deceased person’s children
The deceased person’s parents
Financially dependent siblings

If you believe you have a claim, consulting with a knowledgeable wrongful death lawyer in the Magic City is crucial to ensuring that your rights and those of your family are protected. Our experienced wrongful death attorneys at Freidin Brown, PA, are here to guide you through every step of this challenging process, helping you seek the damages you deserve.

Who Can You Sue in Your Wrongful Death Lawsuit in Miami?

Several parties may be held liable in a Miami wrongful death claim, including:

Drivers involved in fatal accidents
Individuals or establishments that provide alcohol to impaired drivers who cause deadly crashes
Manufacturers, distributors, or retailers of defective products
Companies failing to provide adequate warnings about product risks
Designers or contractors responsible for dangerous roadways
Government agencies that fail to warn the public about hazardous road conditions
Healthcare providers who do not exercise reasonable care
Employers whose employees cause a death while performing work-related duties

The party responsible for a wrongful death claim is typically the one whose actions led to the fatal incident. Determining liability means examining the accident circumstances to identify who was at fault. In some cases, a business or company may also be liable. Multiple parties could share responsibility, and insurance policies may provide compensation to ensure the family receives the financial support they are entitled to. Working with a Freidin Brown wrongful death attorney in Miami is essential to ensure the correct parties are named and your rights are fully protected.

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Freidin Brown Has Recovered Millions in Florida Wrongful Death Cases

Our Miami wrongful death lawyers have a unique understanding of the court system and will uncover every loss you and your family experienced because of your loved one’s passing. We have recovered millions of dollars for our clients in wrongful death cases:

$1,875,000 settlement for the wrongful death of a child as a result of a negligently inserted feeding tube
$1,800,000 settlement for a case against a security company for the wrongful death of a mother who suffered fatal injuries at the hands of an intruder when a house alarm failed
$1,475,000 settlement for a motorcyclist who died in a traffic accident
$1,200,000 for the wrongful death of a mother who died in an auto accident
$1,000,000 jury verdict for nursing negligence involving a Miami-area patient

We work hard in every case to help our clients recover the maximum compensation. As skilled trial lawyers, we are ready and willing to take a case to court if we believe that it will benefit our client. Backed by 10 decades of collective experience, our firm has a solid track record of legal excellence. Contact us to discuss your case during a FREE consultation!

What Compensation Can You Get in a Miami Wrongful Death Claim?

Wrongful death compensation usually falls into two categories: damages recovered by the deceased’s estate and damages awarded to surviving family members. In general, our Miami wrongful death lawyers can seek the following:

Medical expenses. This category accounts for medical bills resulting from your loved one’s fatal injury, including emergency transportation and services, hospital stays, medical procedures, prescription drugs, and palliative care or hospice.
Lost income. We can recover lost earnings from the time of your loved one’s accident until death. We can also seek compensation for income, support, and services the deceased would likely have provided had they lived.
Personal property. We can seek the cost of fixing or replacing personal property damaged during your loved one’s accident, including vehicles, cell phones, jewelry, and electronics.
Funeral and burial costs. We can secure compensation to pay for laying your loved one to rest, including the cost of services, memorials, caskets, urns, and burial plots.
Intangible losses. Surviving family members can obtain awards for the loss of their loved one’s care, companionship, protection, and guidance.

What You Get When You Hire Our Miami Wrongful Death Lawyers

Choosing the right legal team after a fatal accident is one of the most important decisions your family can make. When a loved one dies because of another person’s negligence, you need a Miami wrongful death attorney who has the experience, resources, and commitment to protect your family’s future.

Our law firm serves families throughout Miami, Miami-Dade County, and South Florida. We combine the trial strength of a premier civil litigation practice with the personal attention of a boutique firm.

Selective Case intake

As a smaller law firm, we carefully limit the number of cases we accept. This allows us to give each wrongful death claim the time, focus, and resources it deserves. When we represent your family, we treat your case with the care and respect it requires.

Board-Certified Trial Advocacy

Our team includes two board-certified attorneys who have tried more than 300 cases before juries. Our founder, Philip Freidin, is Board Certified in Civil Trial Law by The Florida Bar and has dedicated his career to representing people harmed by the wrongful conduct of others.

Strong Wrongful Death Case Preparation

We investigate the cause of death, identify every liable party, preserve evidence, consult with respected experts, and build a case designed for trial. Depending on the circumstances, a wrongful death lawsuit may involve negligent drivers, doctors, hospitals, nursing homes, property owners, corporations, insurance companies, or other responsible parties.

A Focus on Your Family’s Losses

Florida wrongful death cases may involve losses such as funeral expenses, medical bills, loss of financial support, loss of companionship, pain and suffering, and the emotional impact on surviving family members. We work to understand how the death has affected your family so we can pursue the full compensation available under the law.

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Bilingual Representation

Our lawyers and staff speak fluent Spanish and Portuguese, allowing us to serve Miami’s diverse families with clarity, compassion, and respect.

Contingency Fee Representation

You do not pay us out of pocket to handle your wrongful death case. We work on a contingency fee basis, which means we only receive payment if we obtain a recovery for your family.

Our Miami trial attorneys have built a reputation for holding negligent parties accountable and helping families seek justice after preventable deaths. If your loved one died because of someone else’s wrongful act, our team is ready to fight for your family.

Call us today to speak with an experienced wrongful death lawyer in Miami.

Our Clients Share How Freidin Brown, P.A. Helped Them

We are more than a law firm; we are a team and family. When you become our client, you also become a part of us, and we will look out for you like we would our own loved ones. Here are a few testimonials from clients we have served:

You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends.

We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done.

I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms.

Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends!

They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client.

Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm!

My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm.

Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat.

Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.

Our Firm Has Experience With Many Types of Wrongful Death Cases in Miami

Our Miami wrongful death attorneys can assist with wrongful death cases involving the following:

Medical malpractice: This can involve misdiagnosis, delayed diagnosis, incorrect treatment, or failure to act when necessary, which can lead to fatal consequences.
Car, motorcycle, and truck accidents: If a driver was distracted, under the influence, or otherwise reckless, they may be held liable for a fatal car or truck accident.
Premises liability: Property owners are responsible for maintaining safe conditions. If hazards like unsafe walkways, poor lighting, or a lack of security lead to fatal accidents, the owner may be liable for wrongful death.
Product liability: Manufacturers are required to ensure the safety of their products. Defects in items such as toys, power tools, vehicles, or appliances that lead to death could be the basis for a claim.
Construction accidents: Employers have a responsibility to ensure safe working conditions. If an employer’s failure to provide adequate safety measures leads to a fatal accident, it may be grounds for a Miami wrongful death claim.
Nursing home injuries: Negligence in nursing homes, such as inadequate supervision, neglect, or failure to provide proper medical care, can result in fatal injuries to elderly residents, leading to wrongful death claims against the facility.
Recreational accidents: Companies responsible for overseeing recreational activities such as boating, swimming, or amusement parks may be held accountable if their negligence results in a fatal accident.
Vibrio infections: Fatal infections caused by the Vibrio vulnificus bacteria from contaminated water or undercooked seafood can lead to wrongful death claims, particularly if cruise lines, restaurants, or healthcare providers fail to warn of risks or provide timely treatment.

At Freidin Brown, PA, our experienced wrongful death lawyers in Miami understand how devastating the loss of a loved one can be. We are here to evaluate your case, provide clear guidance, and take swift legal action.

How Long Do You Have to Take Action in a Miami Wrongful Death Claim?

You must file a wrongful death action within two years of the person’s death, according to Florida Statutes § 95.11(4)(d). If you fail to do so before the deadline expires, you could lose your chance to recover compensation.

Understandably, it can be quite difficult to deal with a time-sensitive wrongful death lawsuit while juggling all of the other tasks you need to handle after the deceased’s passing. You have a lot to take care of, but the limited window of opportunity means that you have to scramble to get it all done.

Our firm can ease your burden and take over the civil matter of a wrongful death case. You need only to give us a call, and our experienced lawyers and legal team can help give you peace of mind while fighting for financial compensation.

Have You Suffered the Loss of a Loved One? Freidin Brown, P.A. Is Here to Help!

Always caring and professional, our legal team can provide you with the attentive legal services you need and deserve at this time. While we understand that taking legal action will not change the past, we believe that in doing so, you and your family may obtain some closure. In addition, taking legal action may help prevent similar incidents from occurring in the future.

The Miami wrongful death lawyers at Freidin Brown, P.A. handle all wrongful death claims on a contingency basis, which means that you won’t pay any up-front or out-of-pocket fees to retain our services. In fact, you won’t pay us a cent unless we recover compensation on your behalf. We start each case with a free initial consultation, so you have nothing to lose by contacting our firm today. Call us today to discuss your case with an experienced Miami wrongful death lawyer.

Florida Wrongful Death Lawyer FAQs

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits are civil legal actions that hold a person or an entity accountable for causing another’s death through negligent, wrongful, or intentional acts. In general terms, wrongful death cases function similarly to personal injury lawsuits, seeking justice and financial compensation for incidents and damages someone caused or could and should have prevented.

One way to understand these cases is to view them as personal injury claims where the victim can no longer bring legal action on their own. Instead, another party (i.e., a personal representative of the decedent’s estate) will need to bring the wrongful death action.

What Do You Need to Prove in a Wrongful Death Case?

Wrongful death cases can involve a range of unique facts and circumstances, but they generally focus on a few important legal concepts and the need to prove fault and liability. To prevail, parties must prove these general elements:

A legal duty existed – A wrongful death lawsuit will only have merit if there was some legal duty between the defendant and the decedent. This means the defendant owed the victim a “duty of care” to take reasonable steps that would prevent them from suffering harm. This “duty of care” can exist in many ways, depending on the circumstances. For example, doctors have a duty to treat patients in accordance with accepted standards and guidelines. Additionally, motorists have a duty to take reasonable steps in safely operating their vehicles.
The legal duty was breached – Families bringing wrongful death lawsuits must further prove that a legal duty owed to the decedent was breached by the defendant. This simply means the defendant failed to uphold their legal obligations, such as when a doctor provides below-standard care in treating the decedent. Breaching a legal duty typically arises from negligence, but it may also involve intentional acts of violence or misconduct.
Causation – Proving causation is one of the most important elements of a wrongful death action, and it requires families to show that a defendant more likely than not caused the victim’s death. To prove this element, claims must be supported by strong arguments and evidence, and often expert testimony. One example would be showing how a doctor’s mistake constituted substandard care and how that mistake more likely than not caused death. One way of explaining causation is to say “but for” the wrongful or negligent conduct, the injury or death would not have occurred.
Damages – Wrongful death lawsuits are ultimately intended to help surviving family members secure justice for their losses, as well as a financial recovery of their damages. Because losing a loved one can cause many profound emotional and financial losses, wrongful death cases typically allow for the recovery of economic and non-economic damages, such as medical expenses incurred before death, funeral expenses, lost financial support, loss of emotional support or consortium, and other financial or emotional injuries. The Florida Statutes specifically explain the damages a family can recover, and they can be very difficult to determine given the intricacies and fact patterns of each particular case. If you think you might have a case, it is important to contact an experienced lawyer so that we can explain to you all your rights and what you may be entitled to recover as damage.

Who Can Bring a Wrongful Death Lawsuit in Miami?

Under Florida law, a personal representative of the decedent’s estate must bring a wrongful death action. This personal representative may be someone named in the decedent’s will or someone who represents the estate’s beneficiaries or survivors. This representative often brings the claim on behalf of surviving family members, including a decedent’s surviving spouse, children, parents, or other financially dependent beneficiaries.

The personal representative can be a family member, including a surviving spouse or adult child, or it can be anyone else selected by the survivors. At Freidin Brown, P.A., we guide our clients through the entire process of naming a personal representative.

How Long Do I Have to File a Wrongful Death Lawsuit in Miami?

Generally, surviving families and representatives typically have two years from the decedent’s date of death to bring a wrongful death lawsuit. However, that time limit or “statute of limitations” may be different in certain cases, such as those involving misdiagnosed illnesses or claims against government entities.

Because the statute of limitations may vary, and because these cases require much time and investigation before a lawyer can file a lawsuit, it is important that families contact a proven and experienced lawyer as soon as possible.

What Happens If There Is a Criminal Case Involved in My Wrongful Death Claim?

In some cases, defendants who may be liable for another’s death may face criminal charges, such as in the case of a fatal drunk driving accident. It is important to remember that even when criminal cases are involved, they are handled in separate proceedings in criminal court and do not focus on financial liability for the death.

As such, families would need to pursue wrongful death actions in civil court, which uses a lower burden of proof (a preponderance of the evidence or “more likely than not”) to determine if a person is financially responsible for another’s death and resulting damages.

Because criminal and civil actions arising from incidents involving death are separate and distinct matters, the outcome of one does not always indicate the outcome of the other. Even if no criminal charges are filed or if defendants are found not guilty in criminal court, they may still be held civilly liable in a wrongful death suit.

How Long Does It Take to Reach a Settlement in a Wrongful Death Case in Florida?

The timeline for settling a wrongful death case in Florida can vary significantly. While some claims may be resolved within a few months, others could take several years to finalize. Families often prefer a swift resolution that offers fair compensation, and in some instances, insurance companies share this goal. However, there are times when insurers may seek to challenge the family’s claims in an effort to minimize their payout.

The duration of a settlement is influenced by several key factors, primarily the circumstances surrounding the death, the amount of available insurance coverage, and the identities of the surviving family members.

Do You Need a Miami Wrongful Death Lawyer for Your Case?

The law never requires you to have a lawyer when bringing an insurance claim or taking legal action against an at-fault party. However, pro se litigants are often unsuccessful against other lawyers and insurance companies. This is why having a lawyer on your side can make all the difference.

As attorneys who handle wrongful death lawsuits in Miami, we know how to deal with complex and confusing legal proceedings while respecting and understanding our clients who may still be recovering from the shock of losing a loved one. We do all we can to handle challenging legal work on behalf of our clients, which can require extensive experience, resources, and even professional connections with needed experts.

When you depend on having a case to secure the justice and compensation your family deserves, there is no substitute for enlisting the help of legal professionals. In addition, wrongful death cases can be costly. When you retain our services, we will pay all upfront costs, and you only owe us a fee if and when we secure compensation for you and your family.

Florida Wrongful Death Video FAQs

What is a wrongful death medical malpractice claim?

A wrongful death medical malpractice claim is a claim where someone in the family dies as a result of medical negligence or medical malpractice. These cases are limited to surviving spouses or children under the age of 25, and that’s a suit for the wrongful death of that person. It’s really a personal injury case, but it resulted in death instead of injury.

What is the statute of limitations for filing a wrongful death claim?

The statute of limitations in Florida for filing a wrongful death claim is two years from the date of death, but it’s really important to contact a lawyer right away, because a lot goes into the filing of a law suit for a wrongful death. So it’s important to give your law firm as much time as possible to do the research, due diligence and investigation before filing your claim.

What kinds of damages are recoverable in a Florida wrongful death claim?

In a wrongful death claim, you can claim economic damages if there’s loss of support because someone was supporting a family, a loss of net accumulations, or the loss of an amount of money that would have been inherited. You’ll also need to consider the non-economic damages like the loss of the relationship, and the pain and suffering involved in losing a loved one.

Will it cost me any money to bring a Florida wrongful death case?

Freidin Brown, P.A.

Address: 2 S Biscayne Blvd, Miami, FL 33131, United States

Phone: (888) 677-7764

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