Our Miami, FL wrongful death lawyer understands that losing a loved one due to the negligence of another can be devastating. While no jury verdict or sum of money can undo the terrible damage of a fatal injury, financial compensation could help support the victim’s family and assist during their time of grieving. At Needle & Ellenberg, P.A., our lawyers have more than 50 years of combined experience helping families address the legal issues surrounding a wrongful death claim. Each personal injury lawyer at our firm is guided by years of experience, readily equipped with compassionate support, can help you to understand your legal options surrounding a wrongful death.

Understanding Wrongful Death Claims

When a victim is killed because of the carelessness, negligence, or recklessness of another party or parties, their loved ones may be able to file a wrongful death lawsuit against those deemed responsible for the victim’s death. Family members who file the claim need to prove that they have been harmed by their loved one’s death. Under Florida law, the victim’s spouse, children, parents, or any blood relative or a sibling who was adopted and was “partly or wholly dependent on the decedent for support or services” may be able to file a claim.

Examples of cases where wrongful death claims can be filed include fatal motor vehicle accidents, medical malpractice cases, death from a defective or dangerous product, and in situations where the victim was intentionally killed. It is important to note: If you have lost a loved one but are unsure if you want to file a wrongful death claim, you should still talk to our wrongful death attorney. Florida’s statute of limitations to file a wrongful death claim against someone is only two years from the date the victim died. If you try to file once that date has passed, the court will likely dismiss your claim.

How A Wrongful Death Attorney Proves Wrongful Death

Once our wrongful death lawyers determine that your loved one did die because of the negligent actions of another party, and that the statute of limitations has not expired, we can begin to take the legal steps to file a wrongful death claim against that party. In the lawsuit, the victim’s family or representative is referred to as the plaintiff(s) and the party who caused the death is referred to as the defendant(s).

Under Florida tort law, in order to prove that the defendant named in the wrongful death lawsuit caused the victim’s death, our personal injury lawyer must prove that there were certain elements present at the time of the accident or incident which prove the defendant’s action or behavior resulted in the victim’s death. These elements include:

Negligence: The evidence presented by the plaintiff must prove that the victim’s death was caused – either in whole or in part – by the carelessness, negligence, or recklessness actions or behavior of the defendant.
Breach of Duty: The evidence presented must also show that the defendant owed a duty of care to the victim and that duty was breached. For example, in the case of a fatal car crash where the defendant was driving drunk, our attorney can show the court that the defendant breached his or her duty by getting behind the wheel of the vehicle after drinking. When the state issues a driver’s license, motorists accept that they now have a duty of follow all traffic laws and to drive safely.
Causation: Once the breach of duty is proven, the evidence must then prove that the action of the defendant caused the victim’s death. In the drunk driving example, it could be shown that had the defendant not been drinking, there would not have been an accident and the victim would still be alive.
Damages: After the other three elements have been proven, then the plaintiff must prove the damages they have suffered, such as medical costs, funeral and burial expenses, loss of income, loss of benefits, mental anguish, and loss of companionship.

Whether or not there have been criminal charges brought against the defendant, you can still file a wrongful death claim in civil court. These two justice systems are completely separate from each other and even if charges are not filed, are dropped, or the defendant is found not guilty in criminal court, he or she can still be found liable in civil court and ordered to pay wrongful death damages to the victim’s family.

Damages That May Be Awarded in a Wrongful Death Claim

Our seasoned Miami wrongful death lawyer understands that no amount of money will ever make up for the tragic loss of a loved one. However, the unexpected death of a loved one can leave a family financially devastated. Not only may there be the immediate costs to deal with, but many families also often face the loss of the victim’s income, especially if the victim was the parent of young children. Our attorney can discuss in detail the types of damages that your family may be able to collect based on your particular case. Generally, the damages sought and awarded in wrongful death claims can include the following:

Medical expenses associated with any medical treatments performed on the victim after they were injured. These expenses can include ambulance service, emergency room care, surgeries, intensive care, or any other medical costs that were incurred as a result of the incident that caused the victim’s death.
Funeral and burial expenses.
Loss if the victim’s income, including both present and future loss. Anticipated future earnings (up to retirement) may also be calculated and awarded as damages.
Loss of any benefits the victim provided for his or her family, including health insurance and pension plans.
Loss of consortium the victim’s survivors have suffered. This includes the care, companionship, and protection that children, spouses, or partners have suffered because of the victim’s death.
Mental and emotional anguish survivors have suffered due to the victim’s death.

In some wrongful death lawsuits, there may be punitive damages awarded to the victim’s family. Punitive damages are additional and separate from the actual damages that are awarded. Punitive damages are sometimes awarded as a way of punishing the at-fault party when their actions are seen as being egregiously negligent or cruel.

How Our Personal Injury Team May Build a Case

Wrongful death claims involve a complicated process, made more challenging by the heightened level of emotion and sense of loss affecting everyone involved. Every attorney at our law firm is dedicated to helping our clients pursue their rights under the law. We understand how overwhelmed and hurt your family may feel, and we are committed to giving you the personal attention and care you deserve. Our wrongful death attorney can discuss realistic expectations regarding the outcome of a personal injury case so clients can better understand their rights and what the future may hold for them.

Wrongful death claims have different restrictions based on how the death occurred. Medical malpractice claims are viewed differently under the law than product liability, general liability, and motor vehicle accident claims. When an injury occurs as a result of a work-related accident, there could be even more factors affecting the outcome of a claim. Our experienced personal injury attorney can manage these challenges and help underline realistic expectations depending on the relevant factors.

Determining Liability in a Wrongful Death Case

It is shocking when a family member passes away as the result of the negligence of another party. Unfortunately, this can happen more frequently than anyone would like to admit. Although nothing can replace the life of a loved one, you may be entitled to a settlement if their death was the result of someone’s negligence. After a loved one dies tragically, you may be left with medical costs or other losses that you are not able to take care of. Compensation can help alleviate the stress of paying for damages and bills and allow you the time to grieve the loss of a loved one.

Types of Wrongful Death Cases

The following are some of the most common wrongful death cases:

On the job accidents that were the result of the employer not addressing known safety concerns
Medical malpractice
Murder
Auto accident
Negligent pilot whose decisions were the result of a plane accident
A situation in which there is an accident involving public transportation For example, when a mechanic does faulty work on a public bus that results in an accident.

Proving Negligence

In order to win your claim, our wrongful death attorney must prove several things:

We must prove that you have been impacted financially by their death.
The person who was killed must be either someone you were financially dependent on, a child who was dependent on you, or a significant other.
We must prove that it was someone’s negligent behavior that led to the death of your loved one. For example, a drunk driver who kills someone in a car accident is considered negligent.

Compassionate Legal Support In Miami, FL

Losing someone you love due to another’s carelessness or wrongful actions is an unimaginable hardship. Beyond the emotional pain, the practical challenges of medical bills, funeral costs, and the sudden loss of income can make this time even more difficult. At Needle & Ellenberg, P.A., we have helped grieving families recover compensation, giving them one less thing to worry about. If you’re searching for a wrongful death lawyer in Miami, FL, we’re here to help you rebuild and find justice.

Providing Stability During Uncertain Times

The emotional toll of losing a loved one is compounded by financial and legal concerns. Families facing wrongful death cases often don’t know where to turn. That’s where we step in—to provide clear, straightforward legal advice that helps you feel supported and informed every step of the way.

One family we worked with tragically lost a parent in a preventable car accident. The surviving spouse and children were left grappling with grief and financial uncertainty. We worked tirelessly to recover a settlement that not only addressed immediate costs but also helped secure their future. Stories like theirs remind us why we fight relentlessly for justice.

Building A Strong Case For Your Family

When we take on a wrongful death case, our first priority is to build a compelling case that demonstrates the full extent of your loss. This includes:

- Collecting evidence like medical records, police reports, and witness testimonies.
- Working with experts to establish the cause of death and financial impact.
- Assessing the long-term consequences of the loss, such as loss of income and companionship.

By focusing on these critical elements, we’re able to pursue compensation that reflects the true scope of your loss. This personalized approach makes sure every family’s unique needs are addressed.

A Proven Record Of Success

Our team has decades of experience helping families secure justice and financial stability. Over the years, we’ve achieved significant verdicts and settlements for clients, bringing much-needed resources during trying times. Whether it’s a case involving medical malpractice, workplace accidents, or other forms of negligence, we bring the same dedication and determination to every case.

We’re proud of the difference our results have made for families across Miami. From helping a mother provide for her children after a tragic workplace injury to ensuring a grieving spouse could maintain their home after an unexpected loss, our work is deeply personal and meaningful.

Personalized Attention And Clear Communication

We understand that every wrongful death case is personal and unique. That’s why we take the time to understand your situation, listen to your concerns, and answer your questions. Our goal is to ease your burden by handling the legal process with precision and care. By keeping communication clear and straightforward, we empower you to focus on what matters most—healing and rebuilding your life.

Tips For Strengthening Your Wrongful Death Case

Pursuing justice through a wrongful death case can feel overwhelming, especially when contending with the loss of a loved one, a deeply emotional and challenging experience. While no legal action can truly replace what has been lost, holding responsible parties accountable is an important step toward closure. Strengthening your wrongful death case often depends on how effectively you approach the process. When determining liability and building a strong case that reflects the facts and circumstances surrounding your loss, it will be key to work with our Miami, FL wrongful death attorney.

Document Everything Thoroughly: Strong documentation is the foundation of any wrongful death case. This includes gathering medical records, police reports, and any correspondence with the parties involved. Written accounts from witnesses and photographic evidence of the incident or aftermath can also be valuable. Keeping an organized file of all documents makes sure critical information is easily accessible and evidence is preserved.

Focus On Witness Testimonies: Eyewitness accounts can be powerful in establishing liability. Reach out to anyone who might have observed the events leading to the wrongful death. Their statements can clarify timelines, provide critical details, and support claims of negligence. If possible, work with professionals to interview witnesses promptly while their memories are fresh.

Highlight The Financial And Emotional Impact: Financial and emotional losses are damages that are often included in a wrongful death claim. Collect evidence of medical bills, funeral expenses, and loss of income. For non-economic damages, include examples that demonstrate how the loss has affected the emotional and mental well-being of family members. When seeking recovery for damages in a wrongful death claim, strong evidence can help to strengthen the argument for fair compensation.

Seek Input From Professionals: Legal cases often benefit from input from professionals in relevant fields. For instance, medical professionals, accident reconstructionists, or financial analysts can provide valuable insights that clarify key aspects of your claim. Their testimony can add credibility and depth to your case.

Avoid Common Pitfalls: Missteps during a wrongful death claim can weaken its strength. Avoid speaking with insurance adjusters without legal representation from our wrongful death lawsuit attorney, as they may attempt to minimize the value of your claim. Refrain from discussing the case on social media, as posts could be used against you. Staying focused on presenting a clear and honest account of the events is critical.

Consult With Legal Support Early: The sooner you engage our wrongful death claim lawyer, the more time your team has to gather evidence, build a case, and file within the required timeline. Time is a mitigating factor in wrongful death cases, as delays can result in lost evidence or diminished witness availability.

Miami Wrongful Death Infographic

Miami Wrongful Death FAQs

When a loved one passes away due to another person’s negligence actions, a wake of devastation and grief is often left. When a wrongful death occurs, family members often have legal options to hold the responsible party accountable. Filing a claim can provide financial relief and a sense of justice. Below, our fatal accident attorney addresses common questions about wrongful death cases and what families should know when considering legal action.

What Constitutes A Wrongful Death?

A wrongful death occurs when someone dies due to another party’s negligence, misconduct, or intentional act. This could involve a reckless driver, a dangerous product, or medical malpractice. To bring a wrongful death claim, there must be evidence that the responsible party had a duty of care, failed to uphold it, and directly caused the death. Families of the deceased, such as spouses, children, or parents, may have the right to pursue compensation through legal action.

What Steps Should Be Taken Immediately After A Potential Wrongful Death?

Families should take several steps to protect their rights after a wrongful death. First, gathering evidence such as medical records, accident reports, and witness statements can be helpful. Speaking with our wrongful death attorney early can help in assessing the case and understanding deadlines for filing a claim. Additionally, families should avoid speaking with insurance companies without legal representation, as statements made early on can affect the outcome of a claim.

What Damages Can Be Recovered In A Wrongful Death Case?

Families may recover damages for both financial and emotional losses. Economic damages include medical bills, funeral expenses, and lost income the deceased would have provided. Non-economic damages cover pain and suffering, loss of companionship, and emotional distress. In certain cases, punitive damages may also be awarded to punish particularly reckless or harmful behavior. Each state has different laws regarding wrongful death compensation, so it’s important to understand what may be available in a specific case.

What Types Of Incidents Can Lead To A Wrongful Death Claim?

Wrongful death claims can arise from a variety of situations. Common examples include fatal car accidents caused by distracted, reckless, or impaired drivers, medical errors that result in a patient’s death, and workplace accidents in unsafe environments. Defective products, such as malfunctioning machinery or dangerous drugs, may also lead to wrongful death cases. If an individual or company acted negligently and their actions led to someone’s death, the surviving family may have grounds for a claim.

Can Punitive Damages Be Awarded In Wrongful Death Cases?

Punitive damages are awarded in cases where the responsible party’s actions were especially reckless or intentional. Unlike other types of compensation, punitive damages are not meant to cover a family’s losses but instead serve as a financial punishment to discourage similar conduct in the future. Courts consider factors such as the severity of the misconduct and whether the defendant has a history of similar behavior when determining whether to award punitive damages.

Miami Wrongful Death Glossary

Wrongful death cases refer to situations where an individual’s death was caused by a negligent party. These regulations form the foundation of wrongful death lawsuits in the state, and understanding their nuances is vital for both victims’ families and legal professionals.

The Basics of Florida’s Wrongful Death Act

Florida’s Wrongful Death Act is enshrined in the Florida Statutes, Chapter 768. This act provides the legal framework that dictates who can sue, what damages they may seek, and under which circumstances a wrongful death lawsuit can be initiated. The act allows surviving family memes of the victim or the victim’s estate to file a wrongful death lawsuit. This usually includes the decedent’s spouse, children, parents, and, in some situations, other blood relatives or adoptive siblings who were partially or wholly dependent on the deceased for support or services.

Damages in a Wrongful Death Lawsuit

Florida’s Wrongful Death Act explains the compensation that family members can seek for their case. Specifically, a surviving spouse can claim damages for lost companionship, protection, and mental anguish. If the deceased has minor children, or if there isn’t a surviving spouse, the children can seek compensation for the loss of parental guidance, companionship, and their own emotional distress. Parents who lose a minor child can recover damages for emotional pain, and in instances where an adult child passes away without other survivors, parents might still be eligible for compensation. The estate of the deceased has the right to recover certain damages, including potential lost earnings of the deceased and funeral or burial costs if they were covered by a family member.

Statute of Limitations

In Florida, as is the case in many states, there is a specific timeframe within which a wrongful death lawsuit must be filed. The statute of limitations in Florida is usually two years from the date of the person’s death. However, certain exceptions may extend or shorten this timeframe. Therefore, it’s essential to consult with our knowledgeable Miami wrongful death lawyer promptly to understand and preserve your rights.

Needle & Ellenberg, P.A., Miami Wrongful Death Lawyer

3350 Mary St 1st Floor, Miami, FL 33133

Contact Our Miami Wrongful Death Lawyer Today

If you or someone you know is grappling with the aftermath of a loved one’s tragic passing due to someone else’s negligence, remember you’re not alone. Do not wait to take action and connect with our experienced and highly skilled Miami wrongful death lawyer who can assist you.