Wrongful Death Lawyer Miami, FL
If someone you love died because of another person’s negligence, you are living through something no one can fully prepare for. The grief alone is overwhelming, and on top of that, there are funeral costs, lost income your family depended on, and questions about what happened and who should answer for it.
Needle & Ellenberg, P.A. has represented wrongful death victims and their families across South Florida for over four decades. Our Miami, FL wrongful death lawyer is committed to holding negligent parties accountable and recovering full compensation for the families left behind. If you’ve lost someone due to the carelessness or misconduct of another, we offer free case evaluations and work on a contingency fee basis. You owe us nothing unless we recover for you.
Why Choose Needle & Ellenberg for Wrongful Death in Miami, FL?
Decades of Trial-Tested Knowledge in Florida Courts
Founding partners Andrew Needle and Andrew Ellenberg bring more than 70 years of combined experience in Florida medical negligence and plaintiffs’ injury law. Both handle plaintiffs’ injury and death cases exclusively.
Andrew Ellenberg focuses on plaintiffs’ injury and medical negligence cases, with practice concentrations that include plaintiffs’ injury and medical negligence cases across birth injury, delayed diagnosis, surgical error, anesthesia, and stroke claims. He earned his J.D. cum laude from the University of Miami School of Law in 1988. Martindale-Hubbell rates him AV Preeminent. Florida Super Lawyers has listed him every year since 2005, and The Best Lawyers in America has listed him every year since 2009 for plaintiffs’ medical malpractice and personal injury work.
Andrew Needle is Board Certified in Civil Trial Law by The Florida Bar. His practice concentrations include complex medical malpractice litigation and trial work, including multi-million dollar verdicts in cases that have tested the outer boundaries of existing Florida legal precedent. He holds a J.D. cum laude from the University of Miami School of Law (1977) and a B.S. from Cornell University (1974). He is a charter member of the Miami chapter of the American Board of Trial Advocates. Best Lawyers in America named him “Lawyer of the Year” for Medical Malpractice Law, Plaintiffs, in Miami for 2020 and 2025.
A Record of Results for Families Who Have Lost Everything
Our firm has recovered hundreds of millions of dollars for clients across all practice areas, including multiple eight-figure results in medical malpractice matters. Many of the healthcare cases involved birth injuries, delayed diagnosis, surgical errors, anesthesia complications, and health system negligence. That number did not come from settling easy cases quickly. It came from investigating each claim thoroughly, hiring the right consultants, and being willing to take cases to trial when insurance companies refused to pay what a family deserved. Results in wrongful death cases have included recoveries of $1.5 million and $1.2 million, among others.
No Fee Unless We Win
Wrongful death cases at Needle & Ellenberg are handled on a contingency fee basis. This means you will never pay an upfront retainer or hourly fee. The firm also provides free initial case evaluations, and our staff speaks Spanish to serve Miami’s diverse community.
What Clients Say About Working With Us
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“If you ever feel like you are in a dark place, and you feel that something wrong happened with your love one and need help to correct it and feel that they were treated unfairly and missed informed. I would 1000 percent recommend this firm!! They helped me with my father after a horrible life event happened to him and I’m forever grateful for them !! They guided me and answered all my questions and concerns! They are amazing and I’m blessed that they helped my family!!” – Julie Dreams
Read more reviews on our Google Business Profile.
Types of Wrongful Death Cases We Handle in Miami
Wrongful death claims arise from many different circumstances. What they share in common is that someone’s negligence, recklessness, or intentional conduct caused a death that should not have happened. Here are several of the case types we handle for families in Miami.
Medical malpractice. When a doctor, surgeon, or hospital fails to meet the standard of care and a patient dies, the family may have grounds for a wrongful death action. These cases often involve missed diagnoses, surgical errors, or medication mistakes.
Car accidents. Fatal crashes remain one of the most common causes of wrongful death in Miami-Dade County. Distracted driving, drunk driving, and speeding frequently play a role. Our attorneys have decades of experience with fatal auto accident claims.
Truck accident deaths. Collisions involving commercial vehicles often result in fatalities because of the sheer size difference between a semi-truck and a passenger car. These cases typically involve trucking companies and their insurers, and they require specific knowledge of federal motor carrier regulations.
Nursing home abuse and neglect. The death of a nursing home resident due to falls, malnutrition, dehydration, or failure to provide basic medical care can give rise to a wrongful death lawsuit. Families often don’t realize the extent of the neglect until it’s too late.
Motorcycle and bicycle accidents. Riders and cyclists face extreme vulnerability on Miami roads. When a negligent driver causes a fatal collision, surviving family members have the right to pursue a wrongful death claim.
Premises liability. Property owners owe a duty of care to visitors. When failures such as inadequate security, dangerous conditions, or building code violations lead to a death, the property owner may be held liable.
Product liability. Defective consumer products, faulty automotive parts, and dangerous pharmaceuticals can all cause fatal injuries. These cases require detailed investigation and often involve holding manufacturers accountable.
Construction accidents. Miami’s construction industry presents significant dangers. When a worker dies due to scaffolding collapse, crane failure, or other preventable conditions, a wrongful death action may be filed against the responsible parties.
Florida Legal Requirements for Wrongful Death
The Florida Wrongful Death Act governs who can file suit and what damages are recoverable. Only the personal representative of the deceased person’s estate, someone appointed through probate court, may bring a wrongful death lawsuit. The representative files on behalf of all surviving beneficiaries, which the statute defines as the spouse, children, parents, and other dependents of the deceased.
Florida imposes strict deadlines on wrongful death claims, and missing the deadlines can result in a potentially viable case being barred from court. Our lawyers can help you determine whether your potential case is within Florida’s statute of limitations. The statute of limitations for most wrongful death claims in Florida is generally two years from the date of death. If the death resulted from medical malpractice, additional presuit requirements may also apply.
Florida also follows a modified comparative negligence system. If the deceased was partially at fault for the incident, the recovery may be reduced by their percentage of fault. Under current Florida law, if the decedent is found to be more than 50% at fault, recovery may be barred entirely. This can make early investigation and preservation of evidence important. Cases involving comparative fault in accident claims may require careful analysis from the very beginning.
What Damages Are Recoverable in a Miami Wrongful Death Case?
Florida law allows several categories of damages in a wrongful death action. What a family can recover depends on their relationship to the deceased and the specific circumstances of the death.
Economic damages cover the financial losses caused by the death. These can include medical and funeral expenses, the lost income and benefits the deceased would have provided to their family, and the loss of the estate’s prospective net accumulations. For families who depended on the deceased for financial support, these damages can be substantial and may require detailed financial analysis and projections from economists and vocational specialists.
Non-economic damages address the personal losses that cannot be measured in dollars but are no less real. A surviving spouse can recover for the loss of companionship and protection. Children under the age of 25 may recover for lost parental guidance and for mental pain and suffering. Parents of a deceased child under the age of 25 can recover for mental pain and suffering as well. If the deceased was an adult and there is no surviving spouse or children under the age of 25, the parents may be able to recover non-economic damages depending on the specific facts. Our attorneys have handled cases that required us to document every aspect of these losses, from the daily routines a parent shared with their children to the long-term financial plans a spouse had counted on. Each wrongful death case in Miami, FL has its own set of facts, and we treat them that way.
Florida’s Wrongful Death Act contains a significant restriction that applies only to medical negligence cases. Under Florida’s wrongful death statute, children of the deceased who are not under 25, and parents of a child who is not under 25 and unmarried, cannot recover non-economic damages when the death was caused by medical malpractice. This law often referred to as Florida’s “Free Kill” law is a sad and unfortunate reality for people who have lost loved ones due to malpractice, but fall within a legal protection that exists only for healthcare providers.
Punitive damages may be available in certain cases, though they are not awarded in every wrongful death action. Under Florida law, punitive damages are intended to punish the defendant for conduct that was intentional or grossly negligent. To recover them, the plaintiff must meet a higher evidentiary standard. These are rare, but when the circumstances warrant it (a drunk driver with prior DUI convictions, for example, or a hospital that ignored repeated safety violations) we pursue them aggressively.
The law also requires wrongful death claims to account for the decedent’s own potential recovery had they survived, which can include pain and suffering experienced before death. If the deceased survived for any period after the injury, damages for that pre-death suffering may be part of the estate’s claim.
Contact Needle & Ellenberg
Losing a family member because of someone else’s negligence is devastating. And the legal process that follows can feel like an additional burden during the worst time of your life. We understand that. At Needle & Ellenberg, our wrongful death attorneys in Miami have spent decades standing beside families through these cases, and we approach every one with the seriousness it deserves.
There are no fees unless we recover for you. Our consultations are free, and we can begin evaluating your case immediately. Contact us to speak with a wrongful death attorney in Miami about your situation. Our staff speaks Spanish, and we are available to meet at a time that works for you.
Wrongful Death Statistics in Miami, FL
Florida recorded more than 3,000 traffic deaths in 2024, and Miami-Dade consistently ranks at or near the top of every Florida county for total crashes and fatal crashes, according to Florida crash data. Roadways are only part of the picture. Nationally, unintentional injury ranks as the third leading cause of death, based on CDC fatal injury data, and many of those deaths involve fatal motorcycle crashes, falls, and traumatic brain injuries that proper care could have prevented. Behind each figure is a family that did not expect to be planning a funeral. A Miami wrongful death lawyer can look at how a death happened and whether another party’s conduct played a part.
Mistakes That Can Damage Your Wrongful Death Claim in Miami, FL
Families rarely think about legal strategy in the days after a death, and they shouldn’t have to. Still, a few early missteps can quietly weaken a wrongful death claim in Miami before it ever reaches a courtroom.
- Waiting too long to act. Florida generally gives families two years from the date of death to file, and once that window closes, a court may refuse to hear the case no matter how strong it is. Evidence fades alongside the deadline. Witnesses move, records get purged, and vehicles get repaired or scrapped.
- Letting the insurance company set the terms. Adjusters often reach out early, sympathetic and ready with a quick number. That number may be a fraction of what the claim is worth, and signing can close the door on anything more.
- Giving a recorded statement without advice. A grieving relative can say something that is later turned around to suggest the deceased shared the blame. Under Florida’s comparative negligence rules, fault assigned to the deceased can reduce a recovery, and a deceased found more than half at fault can lose it entirely.
- Posting about the loss online. Social media activity gets pulled into litigation more often than people expect, and an offhand comment or photo can be read in ways no one intended.
- Failing to preserve evidence. In matters involving defective products or construction site deaths, the proof can disappear fast. The product itself, maintenance logs, and scene photographs may all turn out to matter.
- Assuming there is only one party at fault. A single fatal event can involve several responsible defendants, and missing one of them can leave compensation on the table.
- Handling the estate incorrectly. Only the personal representative of the estate can bring a wrongful death claim in Florida, so the probate side and the injury side need to move together from the start.
- Trying to handle your case alone. The rules are unforgiving, and the other side has lawyers from day one. Speaking with a Miami wrongful death attorney early keeps your options open while you focus on your family.
Miami Wrongful Death Lawyer FAQs
How much does it cost to hire a Miami wrongful death attorney?
Our wrongful death cases are handled on a contingency fee basis, and our fees are contingent. You won’t pay an upfront retainer or an hourly rate. We also provide free case evaluations, so an initial conversation about your situation costs you nothing. Our staff speaks Spanish, which can make those first discussions easier for many families across Miami-Dade.
Who can file a wrongful death claim in Florida?
Florida law allows only the personal representative of the deceased person’s estate to bring the claim. That representative files on behalf of the surviving beneficiaries, which the statute describes as the spouse, children, parents, and certain dependents. If no representative has been named, the probate court can appoint one.
How long do I have to file a wrongful death lawsuit in Miami, FL?
Most wrongful death claims in Florida must be filed within two years of the date of death. Some situations can shorten or extend that window, and deaths tied to medical malpractice may carry additional presuit steps. Because the deadline is strict, families are usually better served speaking with a wrongful death lawyer in Miami well before the two years run out.
What damages can a family recover in a wrongful death case?
Recoverable damages may include economic losses like funeral costs, medical bills, and the income the deceased would have provided, along with non-economic losses such as lost companionship and mental pain and suffering. The categories available depend on each survivor’s relationship to the deceased.
Does Florida’s “Free Kill” law affect my case?
In deaths caused by medical malpractice, Florida law restricts which family members can recover non-economic damages. Certain adult children of the deceased, and parents of an adult child, may be barred from recovering for that category of loss. The restriction does not apply to most non-medical wrongful death claims. A Miami wrongful death attorney can review whether it touches your case.
What if my loved one was partly at fault?
Florida follows a modified comparative negligence system. If the deceased shared some responsibility for what happened, a recovery may be reduced by their percentage of fault. If a court finds the deceased was more than 50 percent at fault, recovery could be barred. This is one reason early investigation and preserving evidence can matter so much.
How long does a wrongful death case take in Miami?
It depends on the facts. Some claims resolve in a matter of months once liability is clear and the insurer is reasonable. Others take considerably longer, especially when there are multiple defendants, disputed causation, or a need to move toward trial. We give families a realistic sense of timing once we understand the specifics.
Will my wrongful death claim go to trial?
Many wrongful death claims settle before trial, but not all of them. Some defendants and insurers refuse to offer fair value until they see a firm prepared to try the case. Our founding partners have tried complex injury and death cases in Florida courts, and that willingness can shape how the other side negotiates.
How is a wrongful death claim different from a criminal case?
A criminal case is brought by the state to punish conduct, and it can end in jail time or fines. A wrongful death claim is a civil action your family brings to recover compensation. The two are separate, use different standards of proof, and can proceed at the same time. A civil claim can move forward even if no criminal charges are filed.
Should I still talk to a lawyer if I already have a settlement offer?
Yes. An offer that arrives before a full investigation can undervalue a claim, and once it’s accepted, reopening the matter is usually impossible. A wrongful death lawyer in Miami, FL can evaluate the offer against what the case may actually be worth, including future losses and the pre-death suffering of your loved one.
Local Information for Miami, FL Wrongful Death Cases
Several local agencies play a role in the days and weeks after a sudden death, and families often need to reach them while a claim is still taking shape.
What Are Important Local Resources for Miami Wrongful Death Cases?
The offices below handle death investigations, crash records, and the probate steps that come before a wrongful death claim can be filed. Having their contact information in one place can save families time during a hard stretch. The appointment of a personal representative happens through the probate court.
- Miami-Dade Medical Examiner — 305-545-2400. Investigates non-natural deaths in the county, and its findings can become important evidence in a claim.
- Eleventh Judicial Circuit Probate Division — 305-349-5713. Where a personal representative is appointed before a wrongful death suit can move forward.
- Miami-Dade Sheriff’s Office Homicide Bureau — 305-471-2400. Investigates traffic fatalities, accidental deaths, and unclassified deaths in much of the county.
- Florida Highway Patrol Troop E — 305-470-2500. Conducts fatal crash investigations across Miami-Dade and Monroe counties.
Disclaimer: These resources are listed for general information only. Listing them is not an endorsement of any kind, and none of these agencies is affiliated with or connected to our firm.
About Needle & Ellenberg, P.A.
Founding partners Andrew Needle and Andrew Ellenberg have devoted their careers to representing injured people and grieving families, with Andrew Needle practicing for 46 years. Both belong to leading trial-advocacy organizations, including the American Board of Trial Advocates and the Florida Justice Association, and the firm has recovered millions of dollars for clients across Florida. We offer free case evaluations, and our staff speaks Spanish to serve families throughout Miami-Dade. When you bring us a personal injury claims matter or a wrongful death case, you work directly with attorneys who handle these cases personally.
What Our Clients Say
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“During the most difficult time that my family has experienced, Mr. Ellenberg showed great empathy, insight and willingness to alleviate some of the trauma. He included us in each step of the way, not making any major decisions without our input. He is highly knowledgeable and dedicated. I would recommend him 100% to anyone seeking an ethical, professional, empathetic attorney.” – Natasha Daum
Read more reviews on our Google Business Profile.
Contact Needle & Ellenberg, P.A.
No family should have to fight an insurance company while grieving. Our Miami wrongful death attorneys can take that weight off your shoulders, starting with a free case evaluation where we listen, answer your questions, and explain what your options may be. There are no fees unless we win. We can begin reviewing the facts right away, and we work around your schedule, not the other way around. When you’re ready, contact us to speak with a wrongful death attorney in Miami, FL about your loved one and what comes next.