MIAMI WRONGFUL DEATH LAWYER
Was someone you love killed in a tragic accident in Miami, FL? If someone else was responsible, an experienced Miami wrongful death lawyer at Payer Law Personal Injury Lawyers can help you fight to recover full compensation for your losses.
Reviewed by: James D. Payer
A loved one’s death is always painful. However, when a family member dies unexpectedly from an accident caused by someone else’s negligence, the devastation can be overpowering. Even though no amount of money can bring back your loved one, compensation through a wrongful death claim can provide some justice and help your family regain financial stability.
At Payer Law Personal Injury Lawyers, we understand our clients are facing one of the most challenging times in their lives. That’s why we treat them like family. Our experienced and compassionate Miami attorneys will handle your wrongful death claim while you and your family take time to focus on healing and recovery.
It Pays to
Call Payer!
What Is a Wrongful Death Lawyer?
A wrongful death attorney assists families whose loved ones died due to others’ negligence in seeking justice and compensation for their losses. When you hire a wrongful death lawyer, they can handle the following aspects of your case:
- Investigating and identifying all parties who share legal responsibility for your loss
- Handling all the paperwork and the insurance claims process
- Calculating your damages and assessing your case value
- Hiring expert witnesses in various industries to support your case
- Negotiating for a full and fair financial settlement
- Representing you at trial if negotiations fail
Why Choose Payer Law for Your Wrongful Death Case?
Experience and Expertise
Payer Law Personal Injury Lawyers has nearly 30 years of experience helping Florida injury victims and their families secure justice and fair compensation. We have recovered over $100 million for clients through aggressive representation, personalized service, and a deep commitment to holding negligent parties accountable. Our firm is a member of the Million Dollar Advocates and Multimillion Dollar Advocates, which is limited to lawyers who have obtained verdicts of at least $10 million for their clients.
Proven Track Record
Our attorneys have recovered life-changing settlements and verdicts for countless clients. Recently, we recovered a $1.65 million wrongful death settlement for the family of a teenager who was killed by a drunk driver in Tampa.
Personalized Attention
At Payer Law Personal Injury Lawyers, we treat our clients like family, ensuring they receive personalized service and support throughout the legal process. We take an aggressive, hands-on approach to every case, from the moment the client signs the retainer through trial.
What Our Clients Say
With more than 100 five-star reviews on Google and dozens of positive client reviews, Payer Law Personal Injury Lawyers has a reputation for high-quality representation that speaks for itself.
Understanding Wrongful Death Claims in Miami
Florida law defines a wrongful death as the “death of a person caused by the wrongful act, negligence, default, or breach of contract or warranty” of another person. A wrongful death claim is one the deceased would have been entitled to bring if they had survived their injuries.
Most wrongful death claims are based on accidental deaths, whether caused by medical malpractice, a motor vehicle accident, a pedestrian accident, a slip and fall, a construction accident, or some other incident. Even though the defendant might not have intended to kill anyone, they can be held financially responsible for their actions under Florida Statute 768.21.
Sometimes, the act that causes the victim’s death results in criminal charges, but wrongful death claims are always civil matters. Even if the defendant is facing criminal charges, surviving family members of the decedent can still file a wrongful death lawsuit and seek compensation.
See If You Can File a Miami Wrongful Death Lawsuit
surviving family may be entitled to compensation
The Legal Process for Wrongful Death Claims
Though every case is different, the legal process for wrongful death claims generally starts with an initial consultation and ends with either settlement negotiations or a trial. The process for your case will likely involve the following:
Initial Consultation
Payer Law offers free initial consultations to inform your family of your legal rights and options.
Investigation
Once you hire us, Payer Law will thoroughly investigate your wrongful death case, gathering all available evidence and consulting with experts to build a strong case.
Filing the Claim
In Florida, wrongful death claims are filed by the personal representative of the deceased’s estate. Most of the time, that’s a close family member, friend, or trusted advisor named as the executor in the deceased’s will. However, if your loved one did not name a personal representative, the court can appoint someone to serve.
Settlement Negotiations and Trial
Most wrongful death cases are settled outside of court before trial. However, Payer Law is prepared to negotiate aggressively and try your case before a jury if necessary.
Compensation in Wrongful Death Cases
Wrongful death cases are extremely difficult to value, and each case must be evaluated independently. Some of the factors that are considered when determining a case’s value include the number and age of surviving dependents, the circumstances of the victim’s death, the victim’s lost earning capacity, and any expenses incurred between the date of injury and the date of death.
Many types of damages are available in wrongful death cases, and you may be eligible for a significant sum of money depending on the circumstances of your case. At Payer Law, we work to maximize compensation for our clients, identifying all the recoverable economic and non-economic losses. Some of the damages you may receive compensation for include:
- The victim’s lost wages from the date of injury to the date of death
- Lost financial support and services the deceased would have provided
- Medical expenses incurred by the victim from the date of injury to the date of death
- Funeral expenses
- A child’s pain and suffering
- Lost parental companionship, instruction, and guidance
- Loss of consortium for surviving spouses
- Loss of prospective net accumulations or expected inheritance
How to Find the Best Wrongful Death Lawyer in Miami
When searching for a lawyer to take your family’s case in Miami, it’s crucial to look for an experienced wrongful death law firm—especially those that have obtained numerous successful, substantial settlements or verdicts. Check each firm’s client testimonials and case results and schedule consultations to assess compatibility.
Contact Payer Law Today
At Payer Law, we believe every case is unique, so we listen to our clients and their families and strive to provide aggressive yet compassionate legal representation. We offer services in English and Spanish, and our team is available to assist clients 24/7. If you have lost a loved one due to someone else’s negligent actions, Payer Law is ready to help you maximize your financial recovery and gain justice for your loved one’s passing.
Contact our Miami wrongful death lawyers today to learn more about your legal options. Our Miami office is located at 12000 Biscayne Blvd Ste 503, Miami, FL 33181.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Miami, FL?
Under Florida law, most families have two years to start the legal process after a loved one’s wrongful death. This two-year statute of limitations begins on the date of your loved one’s death.
What is the difference between a wrongful death claim and a survival action?
A wrongful death action allows certain surviving relatives of the deceased to receive compensation for their losses resulting from their loved one’s death. Contrarily, a survival action allows certain surviving relatives to pursue compensation the deceased would’ve been entitled to if they had lived. Essentially, a survival action is a claim that survives the deceased’s death. Florida law prohibits estates from recovering damages for wrongful death and survival actions for the same injury. However, the courts do all the estate to pursue both claims and then select the best remedy.
How is negligence proven in a wrongful death case?
In a wrongful death case, you must prove the defendant’s actions were negligent or wrongful to recover damages. To do this, you’ll need proof of four elements: the defendant owed the deceased a duty of care, the defendant breached that duty, that the breach caused your loved one’s death, and that their death caused your family financial and emotional harm.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
Hours: Open 24 hours daily
Injured?
Contact Us Today
Client Reviews
Professional, efficient, helpful, and dedicated to their clients. Lysette West extremely attentive and responsive, answered every question or concern professionally and swiftly. She set my mind at ease during some of the most difficult times I have encountered. Even when I missed an appointment because of a natural disaster. She jumped right into the situation cleared it up and got the ball rolling again in short order. I only wish I was able to call on Payer Law for all my legal issues.
James has a heart for justice and is passionate about helping the ones in need of fair representation. Thank you for your professionalism and confidence in what’s right. Thank you for caring and being there for my mom and our family. God bless.
The staff are courteous and knowledgeable. Chris Payer treats me like family and I know he is fighting for me and my case. I highly recommend Payer Law.
