Miami Wrongful Death Lawyer

Losing someone you love because of another person’s negligence can leave your family facing grief, unanswered questions, and unexpected financial pressure.

A Miami wrongful death lawyer at Gimenez & Carrillo, LLC can help you understand what happened, determine whether Florida law allows a wrongful death claim, and pursue accountability from the responsible parties.

Our attorneys represent families in Miami, Miami-Dade County, and throughout South Florida. From our Miami office, we provide practical guidance while handling the legal work that follows a fatal accident.

Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.

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When Can a Death Lead to a
Wrongful Death Claim in Florida?

Not every unexpected death creates a wrongful death case.

Under the Florida Wrongful Death Act, a claim may arise when someone’s death results from a wrongful act, negligence, default, or certain other conduct that would have allowed the person to pursue a claim had they survived.

In practical terms, a case may exist when:

• Someone owed the deceased person a duty of care: For example, a driver had a responsibility to operate a vehicle safely.
• That duty was violated: The person or company acted carelessly or failed to take reasonable precautions.
• The conduct contributed to the death: Evidence must connect the wrongful conduct with the fatal injury.
• The death caused legally recognized losses: Surviving family members and the estate may have losses that Florida law allows them to pursue.

Because the circumstances surrounding a death can be complicated, families should not assume that they do or do not have a claim before the evidence has been reviewed.

Learn more about wrongful death claims in Florida.

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Common Causes of Wrongful Death in Miami

Wrongful death claims can arise from many types of negligence.

Cases may involve:

• Fatal vehicle crashes: Speeding, distracted driving, impaired driving, unsafe lane changes, running red lights, or other dangerous behavior.
• Pedestrian and bicycle deaths: Fatal crashes involving crosswalks, bike lanes, intersections, shopping districts, school zones, or high-traffic roads.
• Commercial vehicle collisions: Serious crashes involving delivery vehicles, work trucks, tractor-trailers, or other commercial vehicles.
• Unsafe property conditions: Dangerous conditions that property owners or operators knew about or reasonably should have addressed.
• Defective products: Products, machinery, or equipment that cause fatal injuries because of a dangerous defect.
• Medical negligence: Fatal injuries may occur when medical care falls below the applicable legal standard.
• Other negligent conduct: Wrongful death cases are not limited to one type of accident. What matters is how the death occurred and whether another party may be legally responsible.

Our attorneys investigate the circumstances instead of assuming that the most obvious person or company is the only party that may be responsible.

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Fatal Accidents Are a
Serious Concern in Miami-Dade County

Miami-Dade combines dense neighborhoods, heavy commuter traffic, tourism, major commercial corridors, pedestrians, bicycles, rideshare vehicles, and constant development.

The county’s own Vision Zero program states that close to 300 people die on Miami-Dade roads each year. Miami-Dade has established a goal of eliminating traffic deaths and serious injuries by 2040.

Miami-Dade also reported that 1,593 people were killed in traffic crashes between 2018 and 2022.

Fatal crashes can happen throughout the area, including along and around:

• Biscayne Boulevard
• US 1
• Flagler Street
• Calle Ocho
• Coral Way
• Miami Avenue
• Brickell Avenue
• busy intersections
• school zones
• crosswalks
• bike lanes
• shopping areas
• apartment communities
• high-traffic arterial roads

However, location alone does not establish liability. Each case requires an investigation into how the incident happened and who may have contributed to it.

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Who Files a Wrongful Death Lawsuit in Florida?

This is an important distinction under Florida law.

A surviving spouse, child, or parent does not normally file the wrongful death lawsuit individually. Florida Statute §768.20 provides that the action is brought by the deceased person’s personal representative.

The personal representative pursues the claim for the benefit of eligible survivors and the estate.

Potential survivors can include a spouse, children, parents, and certain other relatives depending on the circumstances and their relationship to the deceased.

Determining who qualifies as a survivor and what damages may be available is one reason these cases should be reviewed individually.

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What Compensation May Be Available in a Miami Wrongful Death Case?

No amount of compensation can replace a family member. However, Florida’s wrongful death law recognizes that a death can create both financial and personal losses.

Depending on the circumstances, recoverable damages may include:

Financial Support and Services

• Lost financial support
• Loss of household services
• Certain future support the deceased would reasonably have provided

Losses Experienced by Family Members

• Loss of companionship and protection for a surviving spouse
• Loss of parental companionship, instruction, and guidance in qualifying cases
• Mental pain and suffering for eligible survivors

Expenses Related to the Death

• Medical expenses associated with the fatal injury
• Funeral expenses

Losses to the Estate

• Certain lost earnings
• Certain lost future accumulations
• Medical or funeral expenses paid by the estate

The damages available depend heavily on the deceased person’s family relationships and other facts. Florida Statute §768.21 establishes different categories of recovery for different survivors and for the estate.

A lawyer can identify which categories may apply rather than relying on a general settlement formula.

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How Long Do You Have to File a
Wrongful Death Claim in Florida?

Time matters.

Florida generally provides a two-year statute of limitations for wrongful death actions under Florida Statute §95.11(5)(e).

However, special rules can affect particular cases. For example, claims involving medical negligence, governmental entities, or intentional acts can involve additional requirements or different legal issues.

Florida also provides an exception allowing certain wrongful death claims based on intentional acts involving murder or manslaughter to be brought without the ordinary two-year restriction.

For most families, the safer approach is to have the case reviewed promptly.

Waiting can also create practical problems even before a deadline expires. Video may be overwritten, vehicles may be repaired, witnesses can become harder to locate, and important records may become more difficult to obtain.

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Evidence That Can Matter in a
Miami Wrongful Death Case

A strong wrongful death claim depends on evidence.

Accident and Scene Evidence

• Police or incident reports
• Photographs and videos
• Traffic or surveillance camera footage
• Witness statements

Medical and Death Records

• Medical records
• Autopsy records
• Miami-Dade Medical Examiner records
• Documentation related to the cause of death

Vehicle, Property, or Business Records

• Vehicle information and electronic data
• Maintenance and inspection records
• Employment or business records
• Insurance policies

Financial and Electronic Evidence

• Records showing income and financial support
• Cellphone or electronic records when legally obtainable
• Other records that help document the losses caused by the death

Expert Review

• Accident reconstruction
• Medical review
• Financial analysis
• Other expert opinions when needed

The evidence required depends on how the death occurred. A Miami wrongful death lawyer can help identify what should be preserved, requested, and reviewed early in the case.

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Why Early Investigation Can Matter

Families understandably need time to grieve. At the same time, some evidence can disappear quickly.

For example, a business may routinely overwrite surveillance footage. Vehicles may be repaired or destroyed. Road conditions can change. Witnesses may become difficult to reach.

A wrongful death attorney can take steps to identify and preserve relevant evidence while the family focuses on personal matters.

This may include sending preservation requests, obtaining available reports and records, interviewing witnesses, reviewing insurance coverage, and determining whether more than one party may share responsibility.

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Miami Wrongful Death Attorneys Angel Gimenez and Jose Carrillo

Gimenez & Carrillo is led by managing partners Angel L. Gimenez, Esq. and Jose I. Carrillo, Esq..

Angel Gimenez has practiced law in Florida since 1988. His background includes personal injury litigation and prior work representing an insurance company before moving into representation of individuals and consumers. His experience includes automobile, motorcycle, truck, boat, premises, and other negligence matters.

Jose Carrillo’s civil litigation practice dates to 1989. He has represented both insurers and consumers and has handled personal injury matters ranging from negligence claims to catastrophic injury and death cases.

That experience can be important in a wrongful death case because insurance companies frequently play a major role in evaluating, defending, and resolving claims.

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How Gimenez & Carrillo Can Help After a Wrongful Death

A wrongful death case can involve far more than submitting a claim to an insurance company.

Our attorneys can help by:

• Investigating what happened: We examine reports, records, available footage, witnesses, and other evidence surrounding the death.
• Identifying responsible parties: Some cases involve more than one person, company, property owner, employer, manufacturer, or insurer.
• Reviewing insurance coverage: We investigate potentially available coverage and the parties responsible for paying a valid claim.
• Identifying survivors and estate claims: Florida law determines who may benefit from the claim and what types of damages may apply.
• Documenting financial losses: We examine income, services, expenses, and other financial effects of the death.
• Handling communications: We can communicate with insurers and other parties so family members do not have to manage those discussions themselves.
• Negotiating a claim: When appropriate, we pursue a resolution based on the evidence and damages.
• Preparing for litigation: If the case cannot be resolved fairly through negotiation, litigation may be necessary.

Throughout the process, we explain the available options so your family can make informed decisions.

Speak With a Miami Wrongful Death Attorney

You do not have to determine on your own whether your family has a wrongful death claim.

Call (305) 444-3000 or request a free initial consultation with Gimenez & Carrillo.

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Serving Families Throughout Miami and Miami-Dade County

Our Miami office serves families throughout Miami-Dade County and surrounding South Florida communities.

We assist clients from:

Miami neighborhoods and nearby communities:
Downtown Miami, Brickell, Little Havana, Wynwood, Edgewater, Midtown Miami, Coconut Grove, Kendall, Doral, Hialeah, and Miami Lakes.

Greater Miami-Dade:
Miami Beach, Coral Gables, Key Biscayne, North Miami, South Miami, Sweetwater, Westchester, Pinecrest, and surrounding communities.

Our Miami office is located at 5775 Waterford District Dr., Suite 300, Miami, FL 33126-2579. The firm’s Miami location serves Miami-Dade County and South Broward County.

Learn more about our Miami office.

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Frequently Asked Questions
About Miami Wrongful Death Claims

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Talk With a Miami Wrongful Death Lawyer

If your family lost someone because of another person’s negligence or wrongful conduct, you may have questions about what happened and what Florida law allows you to do next.

Gimenez & Carrillo can review the circumstances, explain your options, and determine whether there is a basis for a wrongful death claim.

Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.