Losing a loved one is one of life’s most devastating experiences, especially when the death could have been prevented. In these moments, understanding your legal rights under Florida law can help protect your family’s future. A compassionate and skilled Miami wrongful death lawyer can guide surviving relatives through the legal process with professionalism and care.
For more than five decades, Rosenberg & Rosenberg, P.A. has represented South Florida families who have lost loved ones due to negligence, medical mistakes, workplace accidents, and unsafe products. The firm provides support, advocacy, and strategic representation, always focused on the client’s needs, not the insurance company’s interests.
What the Florida Wrongful Death Act Means for Families
Florida’s Wrongful Death Act, outlined in Florida Statutes §768.16–768.26, allows eligible family members to file a claim when a death results from another party’s negligence, misconduct, or wrongful act. The purpose of the law is to shift the burden of losses, both emotional and financial, from the surviving family to the responsible party.
A Miami wrongful death lawyer works to see that every filing complies with Florida’s procedural requirements. At Rosenberg & Rosenberg, P.A., attorneys evaluate case evidence, confirm who may file the claim, and coordinate with investigators to build a detailed account of how the incident occurred.
Eligibility Under Florida Law
Not everyone qualifies to file a wrongful death lawsuit in Florida. State law requires that the personal representative of the deceased’s estate file the case on behalf of the surviving beneficiaries. Eligible family members typically include the spouse, children (including legally adopted or stepchildren when dependent), parents, and any relatives who relied on the deceased for financial support or services, as defined by Florida law.
A Miami wrongful death lawyer reviews family relationships, verifies dependency status, and works to see that eligible survivors are properly represented in the legal claim.This careful approach helps families comply with Florida’s wrongful death statutes, supporting accurate filings and lawful distribution of any awarded recovery among beneficiaries.
Common Causes of Wrongful Death in Miami
Miami’s dynamic economy and heavy traffic contribute to a range of fatal accidents across industries such as transportation, healthcare, and construction. Families facing such tragedies often seek legal guidance to understand their rights and determine liability. Rosenberg & Rosenberg, P.A., carefully investigates each case, providing compassionate support and evidence-based representation under Florida’s wrongful death laws.
- Motor Vehicle Accidents:
Fatalities often occur on Miami’s congested highways and city streets due to reckless driving, impaired motorists, or distracted behavior. These cases may involve car, truck, or motorcycle collisions. Attorneys review police reports, traffic camera footage, and insurance records to identify negligence and protect the rights of surviving family members. - Workplace Accidents:
Construction sites, warehouses, and industrial facilities present serious risks for fatal injuries involving falls, machinery, or unsafe working conditions. The firm investigates compliance with safety standards, employer liability, and contractor negligence to help dependents pursue the benefits and compensation that may be available under Florida’s wrongful death statutes. - Medical Negligence:
Tragic losses sometimes occur because of medical errors, including misdiagnosis, surgical mistakes, or incorrect medication dosages. Attorneys work with independent medical experts to assess treatment standards, identify violations, and demonstrate how preventable errors resulted in loss of life, helping families pursue justice under Florida’s medical negligence laws. - Premises Liability:
Unsafe premises such as poorly maintained buildings, unmarked hazards, or negligent security can result in fatal injuries. The firm examines maintenance logs, property inspection reports, and witness testimony to establish negligence by property owners and present a clear, fact-based claim on behalf of the deceased’s surviving family members. - Defective Products:
Design flaws, manufacturing defects, or inadequate warnings can turn everyday products or machinery into deadly hazards. Attorneys analyze product design, recalls, and corporate safety records to determine liability. These cases often involve collaboration with technical experts to support accurate documentation and compliance with state and federal safety laws. - Nursing Home Neglect:
Elderly residents may suffer fatal harm due to neglect, abuse, or lack of proper supervision in nursing homes. The firm reviews care logs, staffing levels, and facility inspection reports to uncover systemic issues and seek to hold negligent caregivers accountable, with the goal of helping victims’ families obtain answers and accountability under Florida law.
What Damages Are Recoverable in a Miami Wrongful Death Claim
Losing a loved one because of negligence brings not only emotional pain but also serious financial challenges. Under Florida’s Wrongful Death Act (Florida Statutes §§768.16–768.26), surviving family members may recover both economic and non-economic damages. A Miami wrongful death lawyer at Rosenberg & Rosenberg, P.A. helps families document losses carefully and works to keep each claim in compliance with Florida law.
Economic Damages in a Florida Wrongful Death Claim
Economic damages include measurable financial losses resulting from the victim’s death. These damages help families recover financial stability and compensate for the services, support, and benefits the deceased would have continued to provide throughout their lifetime.
- Medical Expenses: Covers medical costs incurred before death, including hospital care, emergency treatment, medication, and rehabilitation, helping to reduce the financial burden of the deceased’s final healthcare needs on the family.
- Funeral and Burial Costs: Includes reasonable expenses related to funeral arrangements, burial, cremation, and memorial services, helping families manage the immediate financial burden associated with honoring their loved one’s memory.
- Loss of Financial Support: Represents the estimated value of income, benefits, and financial contributions the deceased would have provided, calculated based on earning capacity, age, and expected career growth as permitted under Florida law.
- Loss of Services: Covers household, caregiving, or other essential services the deceased performed for dependents, helping families seek compensation for the loss of daily contributions that maintained their home and stability.
Non-Economic Damages in a Florida Wrongful Death Claim
Non-economic damages recognize the emotional, psychological, and relational suffering experienced by surviving family members. These damages aim to restore a measure of justice by addressing the deep personal loss caused by another party’s negligence.
- Loss of Companionship and Protection: Compensates a surviving spouse for losing the love, care, and emotional partnership once shared with the deceased, acknowledging the personal impact of their absence on daily life and emotional well-being.
- Parental Guidance and Affection: Provides compensation to minor children who lose the guidance, affection, and nurturing their parents offered, reflecting the long-term emotional and developmental effects of such a significant loss.
- Mental Pain and Suffering: Addresses the grief, anguish, and emotional trauma experienced by surviving family members, particularly spouses, children, or parents, as recognized under Florida’s wrongful death statutes for eligible beneficiaries.
Proving Negligence in a Miami Wrongful Death Case
To succeed in a wrongful death claim, your attorney must prove that another party’s negligence directly caused your loved one’s death. This process begins by showing a duty of care, meaning the defendant had a legal obligation to act responsibly, such as a driver following traffic laws or a medical provider maintaining professional standards.
Next, a breach of duty must be established, demonstrating that the defendant failed to act as a reasonably prudent person would under similar circumstances. The attorney then proves causation, linking the negligent act directly to the fatal injury or illness. Finally, damages must be documented to reflect the emotional and financial impact on surviving family members.
A Miami wrongful death lawyer builds this case through detailed evidence, including expert witness testimony, accident reconstructions, and medical reports. Rosenberg & Rosenberg, P.A. applies decades of legal experience to present strong, fact-based claims before Florida courts and insurers.
How Long Do You Have to File a Wrongful Death Claim
Florida law generally requires wrongful death lawsuits to be filed within two years of the date of death, according to Florida Statutes §95.11(4)(d). However, certain exceptions may apply in cases involving government entities or delayed discovery of negligence.
A Miami wrongful death lawyer can help your filing meets all statutory deadlines. The attorneys at Rosenberg & Rosenberg, P.A., manage every aspect of documentation and court submissions to avoid procedural delays.
Cases We Handle at Rosenberg & Rosenberg, P.A.
Rosenberg & Rosenberg, P.A., represents individuals and families across South Florida who have suffered injuries or the loss of a loved one due to negligence. With over 50 years of legal experience, the firm provides compassionate, client-focused advocacy across multiple areas of personal injury and wrongful death law.
Vehicle and Transportation Accidents
Miami’s congested roads and waterways often lead to devastating accidents. Rosenberg & Rosenberg, P.A. handles car, truck, motorcycle, bicycle, pedestrian, and boating accidents, investigating every detail to determine liability. Attorneys review crash reports, camera footage, and insurance documentation to protect victims’ rights and help them pursue compensation for medical care, wage loss, and long-term recovery needs.
Workplace and Catastrophic Injuries
Severe injuries can occur on construction sites, in warehouses, or during industrial work. The firm represents employees and families affected by construction accidents, workplace fatalities, and catastrophic injuries such as spinal damage, traumatic brain injuries, or amputations. Attorneys coordinate with safety experts and medical specialists to document long-term effects and work to keep claims in compliance with Florida’s workers’ compensation and negligence laws.
Medical and Care Facility Negligence
When trusted professionals fail to provide proper care, the consequences can be tragic. Rosenberg & Rosenberg, P.A. represents clients in medical malpractice, birth injury, and nursing home neglect cases. The firm collaborates with independent healthcare experts to identify treatment errors, inadequate supervision, or procedural failures that result in serious or fatal harm, seeking accountability under current Florida medical negligence law.
Premises and Product Liability Cases
Unsafe environments and defective products can create life-threatening hazards. The firm handles premises liability, slips and falls, and product defect claims, investigating maintenance logs, inspection reports, and product recalls to determine negligence. Attorneys help victims and families pursue compensation for medical costs, pain, and loss while working to make sure each case meets the evidentiary requirements of Florida law.
Wrongful Death Representation
Losing a loved one because of negligence or unsafe conditions can devastate a family emotionally and financially. Rosenberg & Rosenberg, P.A. provides compassionate legal guidance to help surviving relatives seek justice and accountability through Florida’s Wrongful Death Act, working to see that eligible beneficiaries are represented with professionalism and care.
Local Insight: Miami’s Diverse Community and Legal Environment
Miami’s diverse workforce and high-traffic environment contribute to complex wrongful death and serious injury cases. Rosenberg & Rosenberg, P.A. offers experienced legal representation in English, Spanish, and Creole, helping families navigate Florida’s legal system with confidence and understanding.
A family in West Palm Beach obtained a $950,000 wrongful death settlement following a highway accident. The firm emphasized that careful preparation, evidence gathering, and expert testimony played key roles in achieving this outcome. Disclaimer: The facts and circumstances of your case may differ from the matters in which these results were achieved. Not all results are provided. The results on this page are not necessarily representative of results obtained by the lawyer. Every case is different, and each client’s case must be evaluated and handled on its own merits.
“They treated us with compassion and professionalism through the most difficult period of our lives. Their dedication gave our family closure and peace.” – Former Client, Rosenberg & Rosenberg, P.A.
What Sets Rosenberg & Rosenberg, P.A. Apart in Miami
For more than five decades, Rosenberg & Rosenberg, P.A. has served families throughout Miami-Dade County and South Florida with professionalism, compassion, and dedication. The firm is distinguished by its personalized approach; every client works directly with an attorney who manages the case from start to finish, ensuring open communication and tailored legal guidance.
With 24/7 availability, clients can reach the team whenever urgent questions arise, providing reassurance during challenging times. Rosenberg & Rosenberg, P.A. also offers multilingual support in English, Spanish, and Creole to ensure all clients understand each stage of the process clearly.
Representation is provided on a contingency fee basis, meaning clients owe no attorney’s fees unless a recovery is made, as permitted under Florida law (court costs and case expenses may apply). Built on more than 50 years of trusted advocacy, the firm remains committed to pursuing justice for Miami’s diverse community of workers and families.
Take the Next Step Toward Justice with Rosenberg & Rosenberg, P.A. Today
When negligence leads to the loss of a loved one, legal support can help bring clarity and accountability. Rosenberg & Rosenberg, P.A. offers free, confidential consultations to families across Miami-Dade County. The firm’s attorneys explain your rights, evaluate your case, and help you make informed choices at every step.
Contact a Miami wrongful death lawyer today to discuss your case. With decades of experience, multilingual service, and a deep commitment to client care, the firm remains a trusted advocate for Miami families seeking justice and peace of mind.
FAQs about Wrongful Death Lawyers in Miami
- What qualifies as a wrongful death case in Florida?
A death caused by another person or a company’s negligence, such as a car crash, medical error, or unsafe property condition. - Who can file a wrongful death lawsuit in Miami?
The personal representative of the deceased’s estate, acting on behalf of surviving family members. - How long do I have to file a claim?
Generally, two years from the date of death, per Florida Statutes §95.11(4)(d). - What damages can families recover?
Possible compensation includes medical costs, funeral expenses, lost income, and mental pain and suffering, as permitted under Florida’s Wrongful Death Act. - What if the deceased had no will?
The court may appoint a personal representative to manage the claim. - Are wrongful death settlements taxable in Florida?
Generally, many wrongful death recoveries for physical injury or death are not treated as taxable income under federal law, and Florida does not have a state income tax, but some portions of an award may be taxable, so you should consult a tax professional about your specific situation. - Can non-family members file a claim?
Generally, only legally recognized dependents or relatives can benefit from a wrongful death action. - How much does a Miami wrongful death lawyer cost?
Rosenberg & Rosenberg, P.A., works on a contingency fee basis, meaning clients do not owe attorney’s fees unless a recovery is made, as permitted under Florida law, and court costs and case expenses may be incurred and are the client’s responsibility. - Will I need to go to court?
Many cases settle outside court, but if a trial is necessary, your attorney represents you throughout the process. - Are services available in different languages?
Yes. The firm offers representation in English, Spanish, and Creole to serve Miami’s diverse population.
