Losing someone you love is never easy, but when their death could have been prevented, the grief hits even harder. Whether your family is dealing with the aftermath of a fatal accident, medical mistake, or another act of negligence, the legal and emotional weight can be overwhelming. Wrongful death cases in Miami often leave surviving family members asking not only why it happened, but what they can do now.
If you’re reading this, you may be trying to figure out whether your situation qualifies as a wrongful death claim under Florida law. To answer that question, this blog covers the most common cases of wrongful death and what Florida families need to know.
What Qualifies as a Wrongful Death Under Florida Law?
Under the “Florida Wrongful Death Act” (Florida Statutes §§ 768.16–768.26), a wrongful death occurs when someone’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty of any person” who would have been liable in a personal injury lawsuit if the person had survived. The right to file a wrongful death lawsuit belongs to the deceased person’s estate, through a court-appointed personal representative. Florida Statutes § 768.19 explains the legal basis for these claims.
The personal representative can pursue compensation for both the estate and the surviving family members. This may include the surviving spouse, children, parents, and in some cases, blood relatives or adoptive siblings who were financially dependent on the deceased.
Now that you know what qualifies as a wrongful death under Florida law, here’s a closer look at the most common types of cases that lead families to pursue legal action.
Fatal Motor Vehicle Accidents
Car accidents are one of the leading causes of wrongful death cases in Miami and across South Florida. These collisions often involve:
- Distracted driving
- Drunk or drug-impaired driving
- Reckless speeding or aggressive behavior
- Failure to obey traffic laws or signals
Miami’s high-traffic areas and tourist-heavy roads increase the risk of fatal accidents, especially on I-95 and US-1. If the negligent party caused your loved one’s death in a crash, you may be able to file a wrongful death claim against that driver. In some cases, a rideshare company, trucking company, or vehicle manufacturer could also share legal responsibility.
When the loss occurs in a medical setting, however, the circumstances and legal challenges can look very different.
Medical Malpractice Claims
When a healthcare provider fails to uphold the proper duty of care, the consequences can be fatal. Wrongful death cases stemming from medical malpractice may involve:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Failure to treat or monitor a condition
These claims can be challenging because you need to prove not just that a medical mistake occurred, but that it directly caused the person’s death. The Florida Wrongful Death Act places additional limits on who can file in these situations, especially in cases involving adult children or unmarried individuals.
Not all fatal injuries happen on the road or in hospitals. Some occur in the workplace, particularly in physically demanding or high-risk jobs.
Fatal Workplace Accidents
While workers’ compensation laws in Florida limit certain lawsuits against employers, wrongful death suits may still apply when a third party was involved or gross negligence is present. Examples include:
- Construction site accidents caused by faulty equipment
- Fatal falls due to lack of safety measures
- Electrocutions or explosions on unsafe jobsites
- Fatal injuries caused by contractors or equipment manufacturers
Lawyers for wrongful death often investigate whether a third party may be liable for your loved one’s death even if the employer carries workers’ comp insurance.
In other cases, it’s not a person but a product that causes harm, especially when something fails to work as intended.
Cases Involving Defective Products
If a dangerous or defective product led to your loved one’s death, the manufacturer, distributor, or retailer could be held legally accountable. These types of wrongful death cases might involve:
- Faulty brakes or airbags in a vehicle
- Dangerous medications
- Exploding batteries or defective electronics
- Unsafe consumer goods or tools
Product liability cases may involve strict liability, meaning you don’t always have to prove negligence, just that the product was defective and caused your loved one’s death.
In some cases, it’s not a vehicle or a product that causes harm, but unsafe property conditions that were never addressed.
Wrongful Death from Dangerous Premises
Some wrongful death cases in Miami stem from hazards on someone else’s property—often in places where your loved one had every reason to feel safe. Under Florida law, property owners have a legal duty to maintain reasonably safe conditions for visitors, tenants, and guests. In the case of business establishments, this duty is defined in Florida Statutes § 768.0755, which governs liability for dangerous conditions like spills or hazards the business knew or should have known about.
When that duty is violated, and someone dies as a result, the property owner may be held liable in a wrongful death claim. These cases may involve:
- Falls from unsafe balconies or stairwells
- Fatal injuries in unlit or poorly maintained parking lots
- Lack of proper security in areas with a history of violent crime
- Drowning incidents at unguarded or hazardous swimming pools
- Deadly fires or structural collapses
Wrongful death claims based on dangerous premises often require a close review of the property’s history, the owner’s actions (or inaction), and whether they failed to correct known risks. These cases may involve businesses, apartment complexes, hotels, or even private homeowners.
While no amount of money can bring back your loved one, Florida law does allow certain damages to acknowledge the loss and hold the responsible party accountable.
What You Can Recover in a Miami Wrongful Death Case
A successful wrongful death case can help you recover compensation for:
- Medical bills and medical expenses prior to the victim’s death
- Funeral and burial expenses
- Lost wages and future earnings
- Loss of financial support or services
- Pain and suffering of surviving family members
- Mental pain and emotional distress
- Loss of companionship or parental guidance
The amount you can recover depends on the facts of your case and who qualifies as a beneficiary under Florida law. For example, surviving spouses, children, and parents each have different rights under the Florida Wrongful Death Act.
How Legal Representation Can Strengthen Your Claim
Wrongful death cases require proving liability, calculating damages, and filing claims within strict legal deadlines. To succeed, your case must show:
- The defendant owed a duty of care to the deceased
- The defendant breached that duty through a wrongful act or omission
- That breach caused the person’s death
- The surviving family members and/or estate suffered losses as a result
Proving negligence or gross negligence isn’t always straightforward. That’s why many families choose to work with attorneys for wrongful death who know how to gather evidence, consult with experts, and build a strong case from the ground up.
Facing a Wrongful Death in South Florida? We’re Here to Help You Take the Next Step
No one should have to carry the financial and legal burden of a loved one’s wrongful death alone. Whether the loss happened suddenly in a crash, due to dangerous premises, or during a medical procedure that went wrong, we know this isn’t just a legal case—it’s your life, your grief, and your family’s future.
At Ward Ruddock, we represent surviving family members in Miami and throughout South Florida who are trying to make sense of what happened and what comes next. We take the time to listen, build strong cases, and hold negligent parties accountable for the harm they’ve caused.
Call (305) 390-4259(305) 390-4259 or fill out our confidential online form to schedule your FREE consultation with a wrongful death lawyer in Miami. We’ll talk through your situation and help you understand your next steps under Florida law.
Copyright © 2025. Ward Ruddock. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ward Ruddock
4770 Biscayne Blvd., Suite 600
Miami, FL 33137
(305) 390-4259(305) 390-4259
https://wardruddock.com/
