Best Wrongful Death Lawyers in Coral Gables

1. About Wrongful Death Law in Coral Gables, United States

Wrongful death law in Coral Gables, Florida, governs civil claims brought when a death results from the fault or negligence of another. The damages are paid to eligible survivors or the deceased’s estate through a structured legal process. An attorney or solicitor in Florida helps families pursue both wrongful death damages and related survival claims.

In Florida, wrongful death actions are designed to compensate family members for their losses, including financial support, companionship, and other impacts of a loved one’s death. The framework also allows a decedent’s estate to pursue damages for the loss of the deceased’s care and protection prior to death. Local practice in Coral Gables typically involves filing in the Eleventh Judicial Circuit in Miami-Dade County.

A key factor for Coral Gables residents is the procedural timeline and venue. Civil wrongful death cases are generally filed in circuit court, and cases are governed by Florida statutes and court rules. Eligibility to recover depends on the survivor’s relationship to the decedent and the specifics of the death event.

Florida provides that wrongful death actions are typically pursued by the decedent’s personal representative on behalf of eligible family members, with damages including financial support and loss of companionship.

2. Why You May Need a Lawyer

Wrongful death matters are complex and time sensitive. A Coral Gables attorney can help you navigate the specific rules that apply to your family. Below are concrete, real-world scenarios where you should seek legal advice.

• A spouse dies in a head-on collision on US-1 near Coral Gables, leaving the family with reduced income and medical bills. A lawyer can identify survivors and pursue appropriate damages from the at-fault party.
• A child dies due to hospital negligence at a local medical facility. An attorney can coordinate with experts to establish medical causation and file a claim within Florida’s deadlines.
• A loved one dies in a construction site accident along a development project near Miracle Mile. Legal counsel can address both wrongful death and potential third-party liability claims against contractors or property owners.
• A pedestrian is fatally injured after a fall due to dangerous conditions in a Coral Gables shopping center. An attorney can investigate premises liability and prove negligence for damages owed to survivors.
• A family member dies after a preventable motor vehicle crash involving a commercial truck. A lawyer can pursue recovery for economic losses, funeral costs, and loss of companionship, including possible comparative fault issues.

3. Local Laws Overview

The Coral Gables area follows Florida law for wrongful death actions. The two main legal pillars are the Wrongful Death Act and the statute of limitations that governs when a claim must be filed.

• The Florida Wrongful Death Act, Fla. Stat. § 768.19. This statute authorizes a surviving spouse, children, and other designated next of kin to bring a wrongful death action on behalf of the decedent. It is the primary framework for damages arising from a fatal incident caused by another’s fault.

  Source: Florida Statutes 768.19

  Official text
• Statute of Limitations for wrongful death, Fla. Stat. § 95.11(4)(d). Most wrongful death claims must be filed within two years of the death, although there are nuances for discovery and tolling in certain situations.

  Source: Florida Statutes 95.11

  Official text
• Venue and jurisdiction for Coral Gables claims: cases are typically filed in the Eleventh Judicial Circuit Court of Florida, which serves Miami-Dade County and surrounding areas. The local court handles civil matters including wrongful death actions. 11th Judicial Circuit - Florida Courts

4. Frequently Asked Questions

Below are common questions about wrongful death in Coral Gables. The questions cover procedural details, definitions, costs, timelines, qualifications, and comparisons to related claims.

What is the Florida Wrongful Death Act and who can sue?

The Wrongful Death Act allows certain survivors to sue for damages after a fatal incident caused by another's fault. Eligible parties typically include spouses, children, and other designated family members. An estate representative may also pursue damages on behalf of beneficiaries.

How do I start a wrongful death case in Coral Gables?

Begin by consulting an attorney who will assess the claim, identify potential defendants, and prepare a complaint for filing in the Miami-Dade Circuit Court. Filing usually involves a summons, complaint, and initial disclosures within a two year window.

When must I file a wrongful death lawsuit in Florida?

Most wrongful death actions must be filed within two years of the decedent’s death, per Florida statute 95.11(4)(d). Tolling rules may apply for minors or certain incapacitated individuals.

Where should the wrongful death case be filed in Coral Gables?

In Coral Gables, wrongful death cases are typically filed in the Miami-Dade County Circuit Court, part of the Eleventh Judicial Circuit of Florida. The court handles civil claims involving fatalities.

Why might I need an attorney even for a straightforward case?

Even seemingly simple cases involve complex rules on damages, survivor eligibility, and proof of fault. An attorney helps preserve rights, gather expert evidence, and negotiate or try the case effectively.

Can I handle a wrongful death claim without a lawyer?

While it is possible, it is not recommended. Wrongful death claims involve statutes, deadlines, and risk of missed opportunities that can reduce or bar recovery.

Should I represent the estate or the survivors?

The decedent’s personal representative generally represents the estate in wrongful death actions on behalf of eligible survivors. An attorney guides who has standing and how damages are allocated.

Do I need a local lawyer in Coral Gables or a broader Florida attorney?

A local attorney experienced with Coral Gables and Miami-Dade procedures can handle venue, local rules, and witness logistics more effectively. A statewide attorney can also manage complex multi-state issues if applicable.

Is there a cap on damages in Florida wrongful death cases?

Florida does not impose a universal cap on wrongful death damages. Damages typically include economic losses, funeral expenses, and non-economic losses like loss of companionship, subject to statutory rules and evidence standards.

What costs can I expect in a wrongful death case?

Costs commonly include attorney fees, expert witness fees, and court costs. Many Florida wrongful death cases operate on a contingency fee basis, meaning fees are paid from proceeds if you win or settle.

How long does it take for a wrongful death case to resolve?

Resolution timelines vary widely. Some cases settle within months, others go to trial after a year or more. Florida cases in busy counties sometimes take 12 to 24 months or longer to complete.

What is a survival action and how does it relate to wrongful death?

A survival action seeks damages the decedent could have recovered if they survived the incident. Wrongful death covers the survivors’ losses after the death. Courts may allow both actions to proceed separately or together depending on the case.

5. Additional Resources

These official resources provide authoritative information and guidance on wrongful death matters in Florida and Coral Gables.

• Florida Statutes - Official state statutes including the Wrongful Death Act and statute of limitations. Florida Legislature
• Florida Statutes 768.19 - Text of the Wrongful Death Act governing who may sue and what damages may be recovered. Official text
• Florida Statutes 95.11 - Statute of limitations for civil actions including wrongful death. Official text
• The Florida Bar - Official professional standards and guidance for attorneys practicing in Florida. The Florida Bar

6. Next Steps

1. Compile key documents within 2 weeks of the death, including medical records, police reports, and funeral expenses. This helps the attorney assess damages and liability.
2. Consult a Coral Gables wrongful death attorney within 1 month to ensure you understand rights, deadlines, and potential damages. Early consultation helps preserve evidence.
3. Identify potential defendants and insurers within 6 weeks. Your attorney will begin a fact-finding process to map fault and coverage.
4. Preserve evidence and obtain a death certificate and medical records promptly. Timely preservation avoids spoliation issues that can harm claims.
5. Evaluate the need for interim remedies, such as funeral expenses or emergency relief, while the case progresses. Your attorney can advise on temporary relief options.
6. Develop a damages plan with your attorney, including economic and non-economic losses, within 2-3 months. Expert testimony often strengthens these claims.
7. Move toward settlement negotiations or prepare for trial after the initial filing, typically within 12-24 months depending on court schedules and case complexity.