Experienced Miami Wrongful Death Legal Services
Losing a family member to someone else’s negligence is devastating—and the legal process that follows can feel overwhelming when you’re already grieving. At Ratzan Weissman & Boldt, we fight to protect your family’s rights while you focus on healing.
Our Miami wrongful death attorneys have secured more than half a billion dollars in verdicts and settlements for families throughout South Florida. We take a limited number of cases so we can dedicate substantial resources, time, and attention to each family we represent.
We work on a contingency fee basis, which means you pay nothing unless we win your case. Your family deserves justice—let us handle the legal battle.
Why You Need a Miami Wrongful Death Attorney
When a loved one’s death results from another party’s negligence, surviving family members face immediate pressure from insurance companies while simultaneously managing their grief. A wrongful death claim requires navigating complex Florida law, strict deadlines, and aggressive defense tactics—challenges no family should face alone.
Here’s why working with an experienced wrongful death attorney matters:
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Protection against insurance company tactics: Insurers often push for quick, lowball settlement offers before families understand the full value of their claim. Our legal team negotiates aggressively to secure fair compensation.
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Navigate Florida’s two-year filing deadline: According to Florida Statute § 95.11, families generally have two years from the date of their loved one’s passing to file a wrongful death lawsuit. Missing this deadline can permanently bar your claim.
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Preserve critical evidence: Acting quickly after a wrongful death is crucial, as critical evidence can disappear and witness memories can fade. We conduct a thorough investigation immediately to gather medical records, accident reports, and witness statements before they’re lost.
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Maximum compensation for your losses: Damages in wrongful death cases can include funeral costs, lost financial support, medical expenses, and emotional suffering. We work to recover compensation that reflects your family’s unique losses.
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Peace of mind during tragedy: You shouldn’t have to become a legal professional while mourning. Our attorneys handle every aspect of the legal process so you can focus on your family.
Our Wrongful Death Legal Services
Individual Family Representation
Every Miami wrongful death case begins with listening. We provide personalized attention for families who have lost loved ones to negligence throughout Miami-Dade County, North Miami Beach, and the greater South Florida region.
Our approach includes comprehensive case evaluation, clear legal guidance, and consistent communication throughout your case. We offer bilingual support and flexible meeting arrangements—whether at our office, your home, or via video conference—to accommodate your family’s needs during this difficult time.
Complex Multi-Party Cases
Many wrongful death cases involve multiple defendants, layered insurance policies, and disputed liability. These situations require substantial legal resources and strategic coordination.
We handle:
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Medical malpractice wrongful death claims requiring extensive medical review and collaboration with medical professionals
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Commercial negligence cases involving corporations, hospitals, and institutional defendants
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Cases with multiple responsible parties where insurance coverage must be carefully identified and pursued
Top 10 Types of Wrongful Death Cases We Handle in Miami
Miami’s dense population, heavy traffic, and diverse industries create numerous situations where negligent behavior leads to fatal incidents. Our Miami wrongful death lawyers handle cases arising from:
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Medical malpractice and hospital negligence - When healthcare providers fail patients through misdiagnosis, surgical errors, medication mistakes, or birth injuries, families suffer catastrophic losses. Medical malpractice cases require proving negligence through detailed medical record review and testimony from medical professionals.
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Car accidents on I-95, US-1, and Palmetto Expressway - Motor vehicle accidents caused by distracted, impaired, or reckless drivers claim hundreds of lives in Miami-Dade County annually. We investigate police reports and work with accident reconstructionists to establish liability.
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Motorcycle accidents - Miami’s year-round riding season and congested streets make motorcycle accidents particularly deadly. These cases often involve proving the other driver’s negligence despite bias against motorcyclists.
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Truck accidents - Commercial vehicle collisions frequently result in fatalities due to the size disparity between trucks and passenger vehicles. These cases may involve trucking companies, vehicle manufacturers, and multiple insurance policies.
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Pedestrian and bicycle accidents - High-traffic areas like South Beach, Downtown Miami, and Brickell see frequent pedestrian fatalities when drivers fail to yield or drive recklessly.
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Premises liability - Unsafe conditions at hotels, restaurants, shopping centers, and commercial properties can lead to fatal incidents. Property owners have a duty of care to maintain safe premises.
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Construction accidents - Falls from heights, equipment failures, and workplace accidents claim the lives of construction workers throughout Miami’s constantly developing landscape.
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Product liability - Defective medical devices, pharmaceuticals, and consumer products cause wrongful deaths when manufacturers fail to ensure safety. These cases often involve significant resources to pursue justice against large corporations.
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Nursing home abuse and neglect - Vulnerable elderly residents deserve protection. When nursing homes fail to provide adequate care, resulting in death, families can seek compensation and accountability.
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Swimming pool drownings - Florida’s pool culture means drowning accidents remain tragically common, particularly when property owners neglect safety requirements.
Our Wrongful Death Case Process
Step 1: Free Case Evaluation
We begin with a free consultation where we listen to your story with compassion and assess the legal merits of your wrongful death claim. During this initial meeting, we:
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Review the circumstances of your loved one’s death and identify potential defendants
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Explain applicable Florida wrongful death statutes and your family’s legal rights
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Discuss whether limited exceptions to the two-year deadline may apply in medical malpractice cases or when the cause of death was discovered later
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Outline your legal options moving forward
Step 2: Thorough Investigation
Building a strong wrongful death lawsuit requires comprehensive evidence gathering. Our legal team:
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Obtains medical records, autopsy reports, and relevant medical bills
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Collects police reports, accident reports, and witness statements
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Works with accident reconstructionists and medical professionals to establish exactly how the accident occurred and why the defendant breached their duty of care
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Identifies all potentially liable parties and available insurance coverage
A wrongful death claim requires proof that the responsible party owed a duty of care to the deceased, breached that duty, and that the breach was the legal cause of the death. We build cases methodically to establish each element.
Step 3: Legal Filing and Negotiation
In Florida, the personal representative of the deceased person’s estate must file the wrongful death claim, typically someone named in the will or appointed by the court. We help families navigate the appointment process and handle all legal paperwork.
The personal representative is responsible for making legal decisions for the benefit of the survivors and serves as the named party in the lawsuit. To be appointed, a family member typically applies to the court, which considers the agreement of the survivors and the applicant’s qualifications.
Once the claim is filed, we:
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Handle all legal proceedings and court filings on your family’s behalf
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Negotiate aggressively with the insurance company for fair settlement
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Assist families in identifying all eligible survivors—typically the spouse, children, and parents—and quantifying their specific damages
Step 4: Trial Preparation and Resolution
We prepare every case for trial, even when settlement is likely. This approach strengthens our negotiating position because defendants and insurers know we’re willing and able to present compelling evidence in court.
The timeline for settling wrongful death cases varies significantly. Some cases resolve in a few months, while others take years depending on complexity and the willingness of parties to negotiate fairly. Throughout this process, we keep your family informed and involved in all major decisions.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Florida?
Only the personal representative of the deceased person’s estate can file the wrongful death lawsuit under Florida’s Wrongful Death Act. The claim is brought on behalf of surviving family members, including the spouse, children, and parents of the deceased.
The personal representative is typically someone named in the deceased’s will or a family member appointed by the court. We guide families through the appointment process and help determine who should serve in this role based on your specific situation.
How long do I have to file a wrongful death claim in Miami?
Florida law requires wrongful death lawsuits to be filed within two years from the date of death, according to Florida Statute § 95.11. Limited exceptions may apply in medical malpractice cases, where the discovery rule may affect when the deadline begins running.
Acting quickly preserves critical evidence and protects your legal rights. Witness memories fade, physical evidence disappears, and records may be destroyed. The sooner you contact a Miami wrongful death attorney, the stronger your case will be.
What compensation can my family recover in a wrongful death case?
Damages in a wrongful death case include both economic and non-economic losses:
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Economic damages: Lost financial support, medical expenses incurred before death, funeral expenses, and the deceased’s lost future earnings
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Non-economic damages: Mental pain and emotional suffering, loss of companionship, guidance, and support that the deceased would have provided
Punitive damages may be awarded if the at-fault party’s actions were particularly egregious or reckless, such as cases involving gross negligence or violent crimes. These damages serve to punish the responsible party and deter similar behavior.
Florida law also allows parents to pursue wrongful death actions for the death of an unborn child at any stage of pregnancy, effective July 1, 2026.
Each case value depends on factors including the deceased’s age, earning capacity, and relationship to surviving family members. In Florida, compensation claims fall under modified comparative negligence, which bars recovery if the deceased is found more than 50% at fault.
Do I have to pay attorney fees upfront?
No. Many wrongful death lawyers in Miami, including our firm, work on a contingency fee basis. This means families pay no legal fees unless compensation is successfully won. Our fee is a percentage of the recovery we secure for your family.
This arrangement ensures every family can access quality legal representation regardless of their financial situation. You can pursue justice and seek compensation without adding financial stress during an already difficult time.
What’s the difference between a wrongful death lawsuit and a criminal trial?
Wrongful death claims are civil cases that occur separately from any criminal trial related to the death. In criminal court, the government prosecutes the defendant for violating laws, and the standard is “beyond a reasonable doubt.” In a civil wrongful death suit, your family seeks financial compensation, and the standard is “preponderance of the evidence”—a lower threshold.
Evidence from a criminal case can influence the civil case, but one does not depend on the other. Your family can pursue a wrongful death action even if criminal charges are never filed or if the defendant is acquitted.
Contact Ratzan Weissman & Boldt Today
Justice for Your Family Starts Here
Don’t face this difficult time alone. The emotional toll of losing a loved one is overwhelming—let our experienced Miami wrongful death attorneys handle the legal battle while you focus on your family.
We offer free, confidential consultations available 24/7 to discuss your case and explain your options. There’s no obligation and no upfront cost to learn how we can help your family seek justice and recover compensation.
Your family deserves answers, accountability, and fair compensation. Contact us today for your free consultation.