Wrongful Death Attorney in Miami

Supporting Miami Families After a Preventable Loss Since 1994

Losing a loved one because of someone else’s careless act changes everything in an instant. In the middle of grief and practical worries, it can be difficult to know whether you have legal options or how to take the next step. That is where Morales & Cerino, P.A. can help your family.

We have represented people and families since 1994. Our Miami wrongful death attorney works with families to pursue accountability and financial compensation after a preventable loss. Your initial consultation is free, and we can answer your questions in English or Spanish.

If your family has lost a loved one due to someone else’s negligence, we’re here to help. Call (305) 340-2630 to schedule a free consultation in English or Spanish.

What Is Considered Wrongful Death Under Florida Law?

Under the Florida Wrongful Death Act (Fla. Stat. § 768.16), a wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional act. This can involve a motor vehicle crash, a workplace incident, a dangerous property, a medical error, or other preventable situations.

Florida law requires the lawsuit to be filed by the personal representative of the deceased person’s estate on behalf of all eligible survivors. The personal representative is typically named in the will; if no will exists, a probate court appoints one, often a surviving spouse, parent, or adult child. Eligible survivors who may recover damages include the decedent’s spouse, children, parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the decedent for support or services.

During an initial review, we can discuss how these rules apply to your particular family structure and who may be entitled to recover.

Types of Wrongful Death Damages in Florida

Florida Statute § 768.21 governs the types of damages recoverable in a wrongful death claim, and eligibility varies based on each survivor’s relationship to the decedent. While no amount of compensation can replace what has been lost, damages may provide financial stability and a measure of accountability.

Recoverable damages may include:

• Medical expenses incurred prior to the decedent’s death
• Funeral and burial costs
• Loss of income, earnings, and employment benefits the decedent would have provided
• Net accumulations, meaning the projected future financial contributions to the estate
• Spousal loss of companionship, protection, and mental pain and suffering
• Minor children’s loss of parental companionship, instruction, and guidance
• Punitive damages, where the defendant’s conduct constituted gross negligence or intentional misconduct

Every wrongful death case is unique. Our Miami wrongful death attorney can evaluate all potential sources of compensation and pursue a claim that reflects the full scope of your family’s loss.

Florida’s Wrongful Death Statute of Limitations

Under Fla. Stat. § 95.11(4)(d), Florida law sets a two-year deadline to file a wrongful death lawsuit, measured from the date of the decedent’s death. Courts enforce this limit strictly, and missing it typically bars a family from recovering any compensation.

There are narrow circumstances where different timelines apply. Claims against government entities require written notice within two years after the claim accrues and carry additional procedural requirements before a lawsuit can be filed. In medical malpractice wrongful death cases, the limitations period may run from when the negligence was or should have been discovered, subject to an outer limit. When the defendant committed murder or manslaughter as defined under Florida law, a civil wrongful death claim may be filed at any time under Fla. Stat. § 95.11(11), no arrest, criminal charges, or conviction required. A civil wrongful death case can proceed regardless of whether a criminal prosecution is underway or has concluded.

Beyond the legal deadline itself, evidence such as surveillance footage, witness recollections, and electronic data can disappear quickly after a fatal incident. Our wrongful death attorneys in Miami have spent decades handling claims in Florida courts and can advise on how the statute of limitations applies to your family’s specific situation.

How Our Miami Wrongful Death Lawyers Help

When you contact our firm, we start by listening. We want to understand who your loved one was, what happened, and how the loss is affecting your family. From there, we evaluate whether the facts suggest that negligence or a wrongful act contributed to the death, and if we believe we can help, we explain potential next steps in plain language.

We work to support families throughout every stage of a wrongful death case:

• Case evaluation: We assess whether negligence played a role in the loss and discuss your legal options.
• Paperwork and deadlines: We handle required filings and work to keep critical deadlines from being missed.
• Clear communication: We explain legal terms and processes in plain language so you know where things stand.
• Anticipating challenges: We identify potential legal obstacles early and prepare for them in advance.
• Pursuing compensation: Our wrongful death attorney pursues compensation for financial and non-financial harms, including lost income, medical and funeral costs, and emotional losses recognized under Florida law.
• Ongoing support: We provide regular updates and remain available to answer questions throughout the life of the case.

We can’t change what happened, but we can work to pursue accountability through the civil justice system and provide steady guidance at a time when much feels uncertain.

Why Miami Families Choose Morales & Cerino, P.A.

A wrongful death case in Miami-Dade County can span a year or more, moving through investigation, negotiation, and potentially trial. The team managing your case during that time matters as much as the attorneys who sign the pleadings.

Partner-Direct Oversight from Intake Through Resolution

Our partners, Ivan Morales and Frank Cerino, personally oversee each client’s case from intake through resolution. You aren’t passed from attorney to attorney. You work with a consistent legal team that already knows your family’s story.

Staff Continuity That Supports Complex Cases

That continuity runs deeper than the partners. Our staff members average 19 years of experience at the firm, an unusual level of stability in legal practice. A team that has worked together for years manages documents, deadlines, and communication with far less friction than one assembled from recent hires. In a complex wrongful death matter, that stability reduces the burden on your family and supports careful handling of information that may take months to fully develop.

Experience, Tenure, & Bilingual Representation

Our attorneys bring over a century of combined legal experience in injury, accident, and negligence cases. We have been serving clients in South Florida since 1994, and we offer bilingual representation in English and Spanish throughout every stage of your case.

To speak with our team about a potential wrongful death case in Miami, call (305) 340-2630 today. We offer free consultations in English and Spanish.

Frequently Asked Questions

Do I Have a Wrongful Death Case in Florida?

You may have a wrongful death case if your loved one’s death resulted from another party’s negligence or wrongful act. The best way to find out is to speak with an attorney who can review the facts. We offer free consultations to discuss what happened and your possible options.

How Long Does a Wrongful Death Case Take?

Timelines vary. The duration depends on factors such as the complexity of the facts, how many parties are involved, and whether the case resolves through settlement or continues to trial. We discuss likely timelines with you from the start and provide updates as your case progresses.