If someone else’s choices caused your loved one’s death, Florida law gives surviving family members the right to pursue justice through a wrongful death claim. If your claim is going to be successful, you must prove your loved one’s death was wrongful. A lawyer from Englander Peebles may prove it with evidence showing the at-fault party was negligent, and documentation showing that harm has resulted from the death.
The matter is more complicated, though, and in this page, we will guide you through exactly what you must prove, how the process of completing a wrongful death claim works, who can file such claims, and how Englander Peebles can step in so you don’t have to handle this complicated process on your own.
If at any point you want to talk to a Miami wrongful death attorney directly, call Englander Peebles today at (954) 500-4878 or contact us online for your free consultation.
Key Takeaways: Proving Wrongful Death
- A “wrongful death” means a life was taken because someone else acted carelessly, recklessly, or with intentional malice.
- Many different incidents can lead to wrongful death, from car crashes to accidents involving dangerous products to medical malpractice.
- To win a wrongful death case, survivors must prove several legal elements, including duty of care, breach of duty, causation, and damages.
- A wrongful death lawyer from Englander Peebles will gather evidence, handle the investigation, deal with insurers, and support your family emotionally and legally.
- Wrongful death cases often have high value (and high stakes) because they involve both economic and profound non-economic losses.
- Florida law limits who can file a wrongful death claim and sets strict deadlines that families must follow, so do not wait to call Englander Peebles about your case.
What Is Considered a Wrongful Death in Florida?
A wrongful death, under Florida law, occurs when someone dies because another individual or company’s negligent, reckless, or intentional conduct caused the fatal injury. Think of it as a personal injury claim that the victim can no longer bring themselves—so the law allows their surviving family members (through a personal representative) to seek justice and compensation on their behalf.
In South Florida, wrongful deaths happen more often than most people realize. Busy highways like I-95 are prone to fatal accidents. Florida had a three-year average of 3,312 fatal crashes per year between 2021 and 2023, showing how deadly motorist negligence can be.
While roads are common sites for wrongful deaths, the fact is that wrongful deaths can occur anywhere negligent behavior happens—nightlife districts in Miami, high-rise apartment buildings, hotel pools, and sprawling neighborhoods all create environments where negligence has tragic consequences.
A wrongful death claim acknowledges two things at once:
- A life was cut short.
- That loss of life did not have to happen.
But before we get into the elements that must be proven, let’s talk about the common events that lead to wrongful deaths in Florida.
Common Events That Can Cause Wrongful Death
Wrongful deaths arise from a wide range of incidents, some sudden and violent, others quieter but equally devastating. In our years of consoling and fighting for survivors of wrongful deaths, we have seen how fatal negligence can manifest as:
Car Accidents
Some of the hazards that contribute to fatal car accidents are:
- Congested roads
- Unpredictable weather
- Tourists unfamiliar with local traffic patterns
- Distracted drivers
- Drunk drivers
- Aggressive drivers
- Defective motor vehicles
Whether it’s a T-bone crash at an intersection or a drunk driver weaving through traffic on I-75, negligence behind the wheel takes lives every year.
Truck Accidents
Semi-trucks, box trucks, and other commercial trucks pose unique dangers on South Florida roads, particularly on highways. When a truck driver speeds, fails to heed traffic signals, drives while tired, or fails to secure their load, the results can be catastrophic due to the sheer size and weight of these massive vehicles.
Motorcycle Accidents
Florida’s year-round riding weather draws thousands of motorcyclists. Unfortunately, without the protection of a vehicle frame, riders face fatal risks when other drivers fail to look twice or drive aggressively.
Rideshare Accidents
Uber and Lyft vehicles are everywhere, from Miami Beach to Plantation. When rideshare drivers speed, run lights, or drive distracted, passengers, pedestrians, and other drivers can pay the ultimate price.
Pedestrian Accidents
Florida consistently ranks among the deadliest states for pedestrians. Whether a driver blows through a crosswalk or a vehicle hops a curb, vulnerable road users face devastating risks.
Bicycle Accidents
Cycling is big in South Florida, especially in urban areas and coastal routes. When drivers fail to give cyclists space or check blind spots, fatal collisions happen in seconds.
Slip and Fall Accidents
Falls—especially among older adults—can be fatal when unsafe conditions exist at businesses, apartments, hotels, or public properties.
In fact, thousands of Floridians pass away from unintentional falls per year.
Dog Bites and Animal Attacks
Some dog attacks are severe enough to cause fatal injuries, particularly to children. The potential of dog bites to cause insidious infections is another reason why they pose a risk of wrongful death.
When a pet owner fails to control a potentially dangerous animal, the consequences can be life-changing and irreversible.
Swimming Pool Accidents
In a state full of residential and communal pools, drownings are heartbreaking and far too common. Many occur because of negligent supervision, broken gates, inadequate lifeguards, or other unsafe pool conditions.
Injuries from Dangerous or Defective Products
Faulty brakes, defective appliances, dangerous power tools, unsafe children’s products, exploding batteries, and flawed medical devices—dangerous products kill people every year. Manufacturers, designers, and distributors can all be held accountable when a hazardous product causes wrongful death.
Negligent Security at Hotels, Nightclubs, and Other Venues
If a business fails to protect guests from foreseeable crime, and someone is killed during an assault or shooting, the owners may be liable for the death.
Medical Malpractice
When a healthcare provider fails to meet the standard of care—through misdiagnoses, surgical errors, medication mistakes, and other failures—the results are often fatal. These cases are complex but essential for protecting patients and families.
Each of these scenarios differs factually, but legally, they share one common thread: someone failed to act safely, and that failure caused a preventable death.
What Must Be Proven in a Wrongful Death Case?
To win a wrongful death case in Florida, four core elements must be proven. These aren’t just legal buzzwords—they’re the backbone of every successful claim:
Duty of Care
The person or entity responsible for the wrongful death must have owed a duty of care to the victim. It is a fundamental duty to act responsibly.
Examples of duties of care include:
- Drivers must drive safely
- Businesses must maintain their premises
- Doctors must follow established medical standards
- Manufacturers must create safe products
Negligent behavior often violates such duties of care.
Breach of Duty
Next, we must prove that the defendant violated their duty of care.
Examples include:
- A driver was texting
- A store failed to clean up a spill
- A doctor ignored symptoms
- A hotel didn’t repair a broken gate
Such breaches of duties of care can have catastrophic consequences.
Causation
The breach must be the direct cause of the fatal incident. It is often proven through expert testimony, accident reconstruction, medical analysis, and other documentary evidence.
Damages
Finally, the wrongful death must have resulted in actual losses—financial, emotional, psychological, or otherwise—for the surviving family members.
Proving all four elements requires detailed, precise, and often technical evidence. The attorneys at Englander Peebles work hard to build the strongest cases we possibly can, as this is what our clients deserve from us.
Why a Wrongful Death Lawyer Will Be Integral to the Success of Your Loved Ones’ Case
Cases like yours are emotionally draining and legally complex. A wrongful death lawyer does far more than file paperwork or negotiate. Our role is wide-reaching, vitally important, and—perhaps most importantly—supportive to the client who is dealing with unspeakable tragedy.
Here are some of the most critical duties we will handle for you:
Investigating the Death Thoroughly
You can continue to focus on your emotional and psychological healing while your attorney:
- Collects evidence others might overlook.
- Works with accident reconstructionists, engineers, medical experts, security specialists, and economists.
- Secures surveillance footage before businesses erase it.
- Obtains phone records, vehicle data, safety logs, and other critical documents.
This investigative process will serve as the foundation for our negotiations and any trial proceedings we may need to lead for you.
Handles Communications on Your Behalf
Surviving family members shouldn’t have to talk to insurance adjusters, corporate defense lawyers, or investigators. Your only concern should be putting your life back together, and that’s one of several reasons we will handle case-related communications on your behalf.
Constructs the Legal Theory of the Case
Of course, we will be responsible for the legal heart of your case, including:
- Identifying every liable party (there are often multiple)
- Determining how the wrongful act occurred
- Developing a strategy for maximizing compensation
- Handling negotiations and preparing for trial (in case litigation proves necessary)
These are responsibilities our team is well-practiced in, so you can rest easier knowing they are in our hands.
Guides the Family Through the Healing Process
We go above and beyond our essential legal duties. Our wrongful death lawyers don’t just “handle the case”—they help families put the pieces back together after devastating losses, including by:
- Providing updates and reassurance throughout the case
- Explaining each step of the case so you understand how the process will unfold
- Connecting families with grief counselors, financial planners, and other helpful resources
- Offering some stability at a time when everything feels unstable
At Englander Peebles, the attorneys understand the emotional weight families carry. With offices in Fort Lauderdale and Miami, they’re part of the community—and they’ve built a reputation on compassion, communication, and aggressive representation when families need it most.
Damages That Can Be Recovered in a Wrongful Death Case
Each person who tragically loses their life possesses unique value, including to their loved ones. We will conduct a compassionate, personalized investigation of your damages, which may include:
- Medical bills from the victim’s final injury or illness
- Funeral and burial expenses
- Loss of the victim’s income, both current and future
- Loss of benefits, including health insurance and retirement contributions
- Loss of household services, such as childcare, home maintenance, transportation, and more
- Loss of companionship and protection for spouses
- Loss of parental guidance, instruction, and support for children
- Pain and suffering, including grief
- Loss of emotional support, affection, and security
Your case may also include punitive damages, which generally arise when a defendant acted with extreme recklessness or intentional misconduct.
Every family’s losses are unique. Your wrongful death lawyer will ensure every single one of your damages is documented, valued, and included in our settlement demands.
Who Can File a Wrongful Death Claim in Florida?
Florida has particular rules about who can file a wrongful death claim. Unlike some states where individual family members can file directly, Florida requires a personal representative to file the claim on behalf of the estate and the surviving family members. That being said, any surviving spouse, children, including adopted children, parents of the victim, and other blood relatives or adoptive siblings may receive compensation as a result of our efforts.
FAQs: Wrongful Death
Our experience tells us that, as you cope with this sudden loss, you might be wondering:
1. How will my wrongful death case take?
Wrongful death cases can take months or years, depending on the complexity of the case, whether insurance companies act in bad faith, and other factors. It is our job to ensure your case takes no longer than it needs to.
2. Do all wrongful death cases go to trial?
No. Most resolve through settlement. However, our proactive trial preparation can increase settlement value because insurers know your lawyer is ready to present the case before a jury.
3. What if the at-fault party was charged with a crime?
A criminal case is separate from a civil wrongful death claim. Even if the defendant is not convicted—or even charged—you can still pursue a civil case.
Call a Wrongful Death Lawyer from Englander Peebles as Soon as Possible
Time matters in wrongful death cases. Not just days, but hours and even minutes can make a difference, depending on the unique circumstances of your case. Florida’s statute of limitations is strict. If the deadline passes, the law may bar the claim entirely, no matter how strong it is.
That’s why you shouldn’t wait to call us about engaging a Miami personal injury attorney. When you contact Englander Peebles at (954) 500-4878 or contact us online, the firm immediately begins protecting evidence, notifying insurers, building the case, and handling every detail so your family can focus on grieving, healing, and honoring your loved one.
Don’t wait. Call as soon as possible. There are no out-of-pocket costs when you hire us, so that’s one less concern for you.