Wrongful Death Lawyer Miami Gardens, FL
If you lost someone in Miami Gardens due to another person’s negligence, you are likely dealing with grief, confusion, and financial concerns. At The Andres Lopez Law Firm, we represent families who have lost loved ones to wrongful deaths. Our Founding Attorney, Andres Lopez, has handled personal injury and wrongful death cases for over 10 years. If you need a Miami Gardens, FL wrongful death lawyer to offer guidance at this time, please contact us for a free consultation.
Why Choose The Andres Lopez Law Firm for Wrongful Death in Miami Gardens, FL?
Experience in Florida Wrongful Death Law
Attorney Andres Lopez has been practicing law since 2006. He was first licensed in Maryland, and then in Florida in 2009. He is admitted to the Southern District of Florida, the Middle District of Florida, and the 11th Circuit Court of Appeals. Wrongful death cases in Florida carry their own procedural demands, in which a personal representative must bring forward the claim, all surviving beneficiaries must be identified, and the two-year deadline starts from the date of death.
Before opening his law firm, he worked in the White House in 1999 and went on to earn his law degree from the University of Maryland School of Law. He has been recognized as a Florida Rising Star in 2015 and 2016, and was inducted into the Million Dollar Advocates Forum, a national organization that limits membership to attorneys who have obtained million-dollar or multi-million-dollar results for clients.
As a wrongful death attorney in Miami Gardens, FL, Andres handles each case while knowing local courts, how Florida defendants and insurers respond to these claims, and knowing when a settlement offer falls short of what is justice.
Results That Reflect Our Commitment
Our firm has recovered millions of dollars for injured clients and grieving families across Florida. One of our notable recoveries includes approximately $1,000,000 in a wrongful death case involving Uber misconduct, a result that came after methodical case preparation and persistent negotiation. We don’t chase speedy settlements when they don’t reflect the actual value of a family’s loss.
We Take Cases to Trial
We do everything within our legal power to obtain a sense of justice in a wrongful death case. If the defense isn’t offering what your family deserves, we’re prepared to take the matter before a jury. Insurance companies know the extent we are willing to go, and it changes how they approach negotiating with us. What matters is that the other side understands we are serious about going to trial, so our clients get what they deserve for the tragic loss of their loved one taken too soon.
No Fees Unless We Win
We handle wrongful death cases on a contingency fee basis. This means your family pays nothing upfront, and we do not collect unless we obtain a recovery for you. You should not have to worry about legal fees while grieving the loss of a cherished person.
⭐⭐⭐⭐⭐
“I’m so grateful for attorney Andres and his firm. They help after my accident and guided me through the entire process, explained everything clearly, and always kept me updated. They truly fought for my best interests and made a stressful situation so much easier to handle.” — Laura Romy
Read more reviews on our Google Business Profile.
Types of Wrongful Death Cases We Handle in Miami Gardens
Wrongful death claims in Miami Gardens arise from a range of incidents. The foundation of these cases is that someone died due to another party’s negligence, recklessness, or intentional wrongdoing. We handle the following types of claims:
- Car accidents. Fatal crashes in Miami Gardens happen on busy corridors, like the Florida Turnpike. We investigate the accident, gather police reports and black-box data, and pursue all liable parties, including underinsured drivers.
- Rideshare accidents. Uber and Lyft accidents that turn fatal carry unique insurance coverage questions. We’ve handled rideshare wrongful death claims and know how to navigate the arbitration clauses and layered insurance structures these companies use.
- Negligent security. When someone is killed on a commercial or residential property because the owner failed to provide adequate lighting, security, or access control, that owner may be liable. We handle premises-based wrongful death claims.
- Dog bites. Severe dog attacks can be fatal, particularly for young children and elderly victims. Florida’s strict liability statute holds owners accountable regardless of prior bite history.
- Bicycle accidents. Cyclists in Miami Gardens face serious exposure on roads that were not designed with their safety as the priority. When a negligent driver causes a fatal bicycle crash, we pursue the full claim on behalf of the family.
- Medical negligence. A patient who dies from a preventable medical error, such as the wrong medication, a surgical mistake, or missed diagnosis, these are all examples of what could be the basis of a wrongful death action against a hospital or provider.
Florida Legal Requirements for Wrongful Death Claims
Florida’s wrongful death law is found in Sections 768.16 through 768.26 of the Florida Statutes. Under Florida Statute § 768.19, a wrongful death claim may be brought when a wrongful act, negligence, default, or breach of contract causes a person’s death. The claim must be filed by the personal representative of the deceased’s estate on behalf of the survivors.
Under Florida Statute § 768.21, surviving spouses, children, parents, and blood relatives who depended on the deceased for support may each have separate claims to damages. The categories matter, since different family members can recover different types of losses, and identifying all of them correctly from the start affects the total recovery for everyone.
The filing deadline for wrongful death cases is strict. Under Florida Statute § 95.11, families have two years from the date of death to file a wrongful death lawsuit. This timeline being on the day the person passed away, not the day of the accident. If this deadline gets missed, the case may not have any standing. There are narrow exceptions, including cases involving murder, government entities, or concealed causes of death, but please do not rely on this for your circumstances.
Florida also applies modified comparative fault rules. If the deceased was found to bear some percentage of fault for the incident, the damages may be reduced accordingly. Since 2023, Florida shifted to a modified comparative fault system, which bars recovery entirely if the plaintiff is found to be more than 50% at fault. How liability is argued and documented in the early stages of a case can significantly affect what the family ultimately recovers.
What Damages Are Recoverable in a Miami Gardens Wrongful Death Case?
Florida law separates wrongful death damages into two categories, those recovered by the estate and those recovered directly by surviving family members. The estate may pursue compensation for the deceased’s medical and funeral expenses, lost earnings from the time of injury through death, and any pain and suffering the deceased experienced before they died.
Surviving family members may initiate their own separate claims. For instance, a surviving spouse can seek damages for loss of companionship, protection, and pain and suffering flowing from the death. Children, particularly minor children, can recover for lost parental guidance, instruction, and companionship. Parents of an adult child who had no surviving spouse or children can claim mental pain and suffering. However, these factors are not interchangeable. Each survivor’s claim is reviewed and evaluated separately.
Economic damages include tangible financial losses, such as the income the deceased would have earned over a working lifetime, benefits, and the value of household services. These costs and losses require careful calculation, often with the help of financial and vocational professionals.
Non-economic damages cover what cannot be numerically calculated. This can entail grief, the loss of someone’s presence in daily life, and the absence of guidance a parent would have given a child for decades to come. Florida does not cap non-economic damages in most wrongful death cases. Punitive damages are available in limited circumstances where the defendant’s conduct was particularly reckless or intentional, though courts require clear and convincing evidence before allowing that claim to proceed.
If you’re wondering what your family’s claim might be worth, the answer depends on who has passed away, how the death occurred, and how fault is distributed. We can help you work through any confusions or concerns. If your loved one held a high-risk job, this can affect recovery calculations. And if you’ve thought about whether culture and grief intersect in how courts evaluate these claims, that’s a real consideration we can discuss with you as well in further detail over a consultation.
Contact The Andres Lopez Law Firm
Losing someone is already difficult enough. You shouldn’t have to navigate Florida’s wrongful death system alone while you’re grieving. Our firm handles wrongful death cases on a contingency fee basis, which means no fees unless we win. We offer free consultations, and we have 24/7 live call answering so you can reach us when you need to. After we meet with you, we can let you know honestly what we see, what the process looks like, and what we believe your case may be worth.
Contact us to speak with our Miami Gardens wrongful death attorney about your family’s situation.