Losing a family member because of someone else's negligence, on a Miami roadway, at a Coral Gables construction site, or inside a Miami-Dade hospital, demands accountability. Florida's Wrongful Death Act (Fla. Stat. Sections 768.16-768.26) gives the personal representative of the estate the right to sue on behalf of surviving family members, but the procedural requirements are strict and the two-year statute of limitations allows little margin for delay.

Why Gold & Gold in Miami

Philip A. Gold and David H. Gold have represented Miami-Dade families after fatal car crashes on I-95, fatal falls at South Florida job sites, and deaths caused by hospital negligence. Our Dadeland office works directly with county medical examiners' offices, accident-reconstruction specialists familiar with local roads, and life-economics experts who calculate the full financial and non-economic loss to your family. We handle every filing, including the appointment of a personal representative in Miami-Dade probate court, at no upfront cost.

Miami courts, deadlines & Florida rules

Under Fla. Stat. Section 768.19, the decedent's personal representative is the only party who may file a wrongful death action in Florida. If an estate has not been opened, that must happen in Miami-Dade Probate Court before suit can be filed. The two-year statute of limitations begins on the date of death. HB 837 (effective March 2023) also modified the survivors who may recover non-economic damages, eliminating some adult-child claims, an important issue our attorneys evaluate in every Miami case.

Common wrongful death cases we see in Miami

  • Fatal rear-end and intersection crashes on I-95 and the Palmetto Expressway (SR-826)
  • Pedestrian and cyclist fatalities on Brickell Avenue and US-1 corridors
  • Construction deaths on Miami-Dade high-rise and infrastructure projects
  • Nursing-home neglect fatalities in Miami-Dade elder-care facilities
  • Hospital and emergency-room deaths at Jackson Memorial or Baptist Health campuses
FAQ

Frequently Asked Questions

Who can bring a wrongful death lawsuit in Florida?
Only the personal representative of the decedent's estate may file the action. The representative then recovers damages for surviving spouses, children, and, in some cases, dependent parents. If your loved one died without a will, we can help the family open an estate in Miami-Dade Probate Court.
Did HB 837 eliminate our family's right to sue after a Miami death?
Not necessarily. HB 837 narrowed non-economic-damage recovery for adult children in some scenarios, but economic damages, survival claims, and claims by surviving spouses and minor children are unaffected. Our attorneys analyze your family's specific situation under the current statute before advising on strategy.
How long does a Miami wrongful death case take?
Cases that settle before trial typically resolve in 12-24 months. Cases that go before a Miami-Dade jury can take longer. We move aggressively, preserving evidence, retaining experts, and demanding early mediation, to shorten that timeline wherever possible.