Miami Wrongful Death Lawyer – Compassionate Legal Advocacy When It Matters Most

Justice for Families After Tragic Loss in Miami, Florida

Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. At Rafaeli Law PLLC, we understand that no amount of compensation can make up for your loss. But we also know that holding negligent parties accountable and securing financial stability for your family can make a meaningful difference.

As experienced wrongful death lawyers serving Miami, FL, our team is committed to standing beside grieving families with compassion, strength, and unwavering dedication. We fight for justice, fair compensation, and answers in the wake of fatal accidents.

What Is Wrongful Death Under Florida Law?

In Florida, a wrongful death occurs when a person dies due to the wrongful act, negligence, or breach of contract or warranty of another person or entity. This includes accidents caused by:

Car, truck, or motorcycle crashes: Motor vehicle accidents remain a leading cause of death in South Florida. Driver negligence, DUI, and reckless behavior often play a role.
Medical malpractice: When a healthcare provider fails to meet the standard of care, fatal errors like surgical mistakes or misdiagnosis can occur.
Workplace accidents: Construction, transportation, and service industries pose unique hazards that can result in fatal injuries.
Defective products: Dangerous consumer goods, auto parts, or pharmaceuticals can lead to preventable deaths.
Premises liability: Property owners may be responsible if poor maintenance or security results in fatal injuries, such as in slip and fall incidents or assaults.
Drowning and pool accidents: Common in residential areas and hotels across Miami, especially when proper barriers or lifeguards are missing.
Criminal acts: Deaths caused by assaults, shootings, or drunk driving can result in both criminal and civil cases.

Florida’s Wrongful Death Act (Fla. Stat. §768.16) allows certain surviving family members to file a civil lawsuit seeking compensation from the at-fault party.

How Common Are Wrongful Deaths in Miami?

Traffic Deaths in Miami-Dade

According to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County recorded 309 traffic-related fatalities in 2022, one of the highest totals in the state. You can review the official county-level data here: Florida Traffic Crash Facts 2022 Report.

Unintentional Injuries in Florida

Statewide, unintentional injuries claimed 12,061 lives in 2021, according to the Florida Department of Health. Many of these deaths were linked to preventable incidents such as motor vehicle crashes, falls, and drownings. For complete data and trend analysis, visit Florida Health Department Injury Prevention.

These tragedies leave behind spouses, children, and parents whose lives are changed forever. Rafaeli Law PLLC helps these families find closure and justice.

Why File a Wrongful Death Claim in Miami?

Filing a wrongful death lawsuit serves multiple purposes:

Accountability: It ensures that the responsible party is held civilly liable for their actions or inactions, even if no criminal charges are filed.
Financial Relief: Fatal accidents often leave families with sudden and unexpected expenses. Legal claims may recover compensation for:
- Emergency care and medical treatment before death
- Funeral and burial costs
- Loss of the deceased’s current and future income
Closure and Justice: Knowing that someone was held accountable can help families begin to heal emotionally and regain a sense of control.

At Rafaeli Law, we strive to make the legal process as smooth as possible, allowing you to focus on grieving and healing while we handle your case.

Who Can File a Wrongful Death Claim in Florida?

Florida law states that the personal representative of the deceased’s estate must file the claim. This representative acts on behalf of the eligible survivors, which typically includes:

Spouse: May recover damages for loss of companionship and pain and suffering.
Children: Minor children may recover damages for loss of parental companionship and guidance, as well as mental pain and suffering.
Parents: If a minor child dies, parents may recover for emotional pain. In some adult child cases, parents may still have rights.
Dependent blood relatives or adopted siblings: If they relied on the deceased for support or services, they may also qualify.

Our attorneys can help identify all eligible parties and ensure the personal representative files the claim properly.

What Compensation Is Available in a Wrongful Death Lawsuit?

Damages available to survivors in a wrongful death claim may include:

Medical expenses related to the final injury or illness: These may include EMS, ER treatment, surgeries, or ICU care.
Funeral and burial costs: Funeral expenses in Florida typically range from $7,000 to $12,000, creating a sudden financial burden.
Loss of income and support: Courts calculate the income the deceased would have provided based on age, health, occupation, and life expectancy.
Loss of companionship, protection, and guidance: These non-economic damages address emotional loss.
Mental and emotional suffering: Especially applicable to surviving spouses and minor children.

We also pursue punitive damages in cases involving gross negligence, such as a drunk driving crash or intentional violence.

What Is the Process for Filing a Wrongful Death Lawsuit in Miami?

The steps typically include:

Consultation: Meet with a wrongful death attorney to evaluate your case, explain your rights, and determine eligibility.
Investigation: We gather key evidence, such as police reports, medical records, surveillance footage, or expert witness testimony.
Filing the Claim: The personal representative files the complaint in civil court. The claim outlines the legal basis and damages sought.
Settlement Negotiation or Trial: Many claims settle during pretrial negotiations or mediation, but we are fully prepared to take your case to court.

Florida’s statute of limitations for wrongful death lawsuits is two years from the date of death. Some exceptions apply, but missing this deadline could bar recovery.

At-a-Glance: What a Miami Wrongful Death Lawyer Does

Key Role of a Wrongful Death Lawyer	How It Helps Your Family
Legal Strategy Development	Crafts a tailored plan to establish liability and pursue full compensation.
Evidence Gathering and Case Building	Collects records, interviews witnesses, and partners with experts to strengthen your claim.
Managing Insurance Negotiations	Prevents lowball offers by handling adjusters and insurance attorneys directly.
Litigation in Civil Court	If the settlement fails, prepare your case for trial and represent you in court.
Emotional and Legal Guidance	Provides support, explains your rights, and answers all your legal questions clearly.

This table offers a snapshot of what hiring a Miami wrongful death attorney like Rafaeli Law PLLC entails, from the initial case evaluation through possible courtroom litigation.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

Local Experience: We know the Miami courts, judges, and insurance companies, allowing us to anticipate strategies and move your case efficiently.
Compassionate Counsel: Our clients trust us to guide them through the emotional and legal challenges of loss with genuine care.
Aggressive Advocacy: We push hard for maximum compensation, in negotiation or at trial.
Proven Results: Explore our Case Results to see successful outcomes.
No Fees Unless We Win: You don’t pay anything unless we recover compensation for you.

Proving Liability in a Wrongful Death Case

To win a wrongful death claim, we must prove:

A person or entity owed a duty of care to the victim: This could be a driver’s duty to follow traffic laws, or a doctor’s duty to diagnose and treat properly.
That duty was breached through negligence or misconduct: Examples include speeding, distracted driving, or failure to act according to professional standards.
The breach caused the death: The negligent act must be directly linked to the fatal outcome.
The death resulted in quantifiable damages to surviving family members: This includes both financial losses and emotional harm.

Our legal team uses a strategic approach with expert testimony and strong documentation to demonstrate each of these elements.

How “Duty of Care” Works in Miami Wrongful Death Claims

“Duty of care” refers to the legal responsibility one person or entity has to avoid causing harm to another. Examples include:

A driver obeying traffic laws: Running a red light or speeding through an intersection may breach this duty.
A doctor providing standard medical care: Misdiagnosis, surgical errors, or delayed treatment can lead to liability.
A business maintaining safe premises: Property owners must repair hazards, provide lighting, and offer security when warranted.

If a person or organization fails in these duties and their actions lead to a fatality, they may be legally responsible under Florida’s civil laws.

Speak with a Miami Wrongful Death Attorney Today

You don’t have to go through this alone. The legal team at Rafaeli Law PLLC is here to guide you with care, clarity, and commitment. Whether your loss was due to a car crash, medical error, or unsafe conditions, we can help you pursue justice and protect your family’s future.

Call 954-365-5639 or contact us online for a free consultation.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

Rafaeli Law is top-notch! From the very first call, their team was professional, responsive, and clearly knew what they were doing. They didn’t waste any time — they moved fast, kept me informed, and went after results with real determination. You can tell they’re go-getters who truly care about their clients. If you need a law firm that’s sharp, efficient, and fights for you, I highly recommend Rafaeli Law.

Maurice M.

Kerollos A.

Can't say enough good things about Rafaeli Law. Their team is incredibly professional, responsive, and genuinely committed to helping you through every step of the process. Their attention to detail and dedication to achieving the best possible outcome truly sets them apart. If you're looking for a trustworthy, knowledgeable, and results-driven legal team, Rafaeli Law is the place to go.

Heather H.

I had a great experience with Rafaeli Law after my car accident. They were professional, responsive and always made sure I understood each step of the process. A special thank you to Jindy - she was absolutely amazing. She was kind, patient and incredibly helpful every time I had questions or concerns. I highly recommend them to anyone who needs legal help after an accident.

Lorena Z.

Rafaeli Law, not only took the time to really listen to my situation but made me feel like they truly listened so they could understand and do the best they possibly could in asserting my case. In every step of the process they communicated with me. If I ever need a lawyer in the future I will be reaching out to them and will be recommending them to my friends and family.

Vanessa C.

FAQ

Frequently Asked Questions

1. How long do I have to file a wrongful death lawsuit in Florida?

Florida law gives surviving family members two years from the date of death to file a wrongful death claim. Certain exceptions may apply in cases involving government entities or delayed discovery of negligence. Consulting a wrongful death attorney early is essential to avoid missing the deadline.

2. What’s the difference between a wrongful death claim and a homicide charge?

A homicide charge is a criminal prosecution brought by the state, while a wrongful death claim is a civil lawsuit filed by surviving family members seeking compensation. Even if there are no criminal charges filed, you can still pursue a civil wrongful death case.

3. How much compensation can we expect in a Miami wrongful death case?

The amount varies based on multiple factors, including the deceased’s age, income, life expectancy, and the family’s emotional and financial losses. Florida juries have awarded anywhere from tens of thousands to several million dollars in wrongful death verdicts.

4. Who pays the compensation in a wrongful death case?

Compensation is typically paid by the at-fault party’s insurance company, whether it’s auto, business liability, medical malpractice, or property insurance. In rare cases, the individual may pay out of personal assets.

5. Can I file a wrongful death claim if the deceased was partially at fault?

Yes. Florida follows a comparative fault system. If your loved one was partially responsible for the accident, your family may still recover compensation, though it may be reduced based on their percentage of fault.

6. Do wrongful death lawsuits go to trial?

Many wrongful death claims are resolved through settlement negotiations or mediation. However, if a fair settlement isn’t offered, Rafaeli Law PLLC is fully prepared to take your case to trial.

7. What types of accidents most commonly lead to wrongful death claims in Miami?

Miami wrongful death cases often stem from car accidents, medical malpractice, drowning incidents, negligent security, and workplace fatalities. Our team has experience handling each of these case types.

8. What does it cost to hire a wrongful death lawyer in Miami?

At Rafaeli Law PLLC, we work on a contingency fee basis. That means you pay no fees upfront, and we only get paid if we recover money for you.

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If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.

1500 Weston Rd Suite 200, Weston, FL 33326

info@rafaelilaw.com

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