Losing a family member because of someone else’s negligence is one of the most devastating experiences a family can face. The financial and emotional consequences arrive simultaneously: funeral costs, lost income, and the permanent absence of a person whose contributions to your family cannot be replaced. Florida law provides a legal path for families who have suffered a wrongful death, and the attorneys at Mesin & Co. are dedicated to pursuing every dollar of compensation these families deserve.
Eugene Mesin personally handles every wrongful death case at Mesin & Co.. He understands both the legal complexity and the human weight of these cases. He is accessible, direct, and relentless in pursuing maximum compensation for the families he represents. If your family has lost a loved one due to someone else’s negligence in Aventura or the surrounding South Florida area, call 786-944-6446 for a free consultation.
What Is Wrongful Death Under Florida Law?
Wrongful death is the legal term for a fatal injury caused by the negligent, reckless, or intentional act of another person or entity. Florida’s Wrongful Death Act, codified in Florida Statutes Sections 768.16 through 768.26, governs who may bring a wrongful death claim, what damages are available, and how the case is pursued. Florida law requires that a wrongful death claim be filed by the personal representative of the deceased’s estate on behalf of the surviving beneficiaries.
Who Can File a Wrongful Death Claim in Florida?
Under the Florida Wrongful Death Act, the following family members may be entitled to recover damages through a wrongful death claim: a surviving spouse, surviving children (including minor and adult children in some circumstances), surviving parents when the deceased was a minor child or had no surviving spouse or children, and other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support. The personal representative of the estate is also entitled to recover medical and funeral expenses incurred before death.
How Florida’s Wrongful Death Law Differs From a Personal Injury Claim
A personal injury claim is brought by the injured person themselves. A wrongful death claim is brought by the personal representative of the deceased’s estate on behalf of the surviving family members. The categories of available damages differ significantly between the two types of claims, and the procedural requirements for wrongful death cases include specific rules about how the recovery is allocated among beneficiaries. Having an attorney with specific wrongful death experience is essential.
Common Causes of Wrongful Death in Aventura
Wrongful death claims arise in many different factual circumstances. The most common causes of wrongful death cases handled by Mesin & Co. include fatal motor vehicle accidents, premises liability deaths, and fatal injuries caused by negligent parties. The legal principles that apply to non-fatal accidents also apply when those accidents result in death.
Fatal Car, Truck, and Motorcycle Accidents
Vehicle accidents are among the leading causes of wrongful death in South Florida. Fatal collisions involving commercial trucks, drunk drivers, hit and run incidents, and high-speed impacts on I-95 and US-1 are a tragic reality in the Aventura area. Mesin & Co. handles these cases under both the wrongful death framework and the underlying personal injury theories, pursuing maximum compensation for the deceased’s family. Our team handles related accident types including Aventura car accidents, truck accidents, and drunk driving accidents.
Pedestrian Fatalities and Bicycle Accident Deaths
Pedestrians and cyclists struck by vehicles in Aventura sustain injuries that are often fatal. When a driver’s negligence causes the death of a pedestrian or cyclist, the driver and potentially other parties are liable under Florida’s Wrongful Death Act. Families in these situations are often dealing simultaneously with law enforcement investigations, insurance company outreach, and profound grief. An attorney who acts quickly can preserve critical evidence while families focus on each other.
Damages Available in a Florida Wrongful Death Case
Florida’s Wrongful Death Act provides for several categories of damages that the personal representative may recover on behalf of beneficiaries.
Economic Damages
Economic damages in a wrongful death case include the value of support and services the deceased provided to surviving family members. This includes lost wages the deceased would have earned during their working years, the value of household services and childcare the deceased provided, and medical expenses incurred for treating the injuries that caused death. Florida’s actuarial approach to calculating future lost support requires expert economic analysis, which Mesin & Co. obtains on every wrongful death case.
Non-Economic Damages
Surviving family members may also recover for the mental pain and suffering they have experienced and will continue to experience as a result of the loss. A surviving spouse may recover for loss of companionship and protection. Minor children may recover for lost parental support and guidance. When the deceased suffered conscious pain and suffering before death, the estate may also recover on their behalf. Florida law imposes caps on non-economic damages in certain medical malpractice wrongful death cases, but no such caps apply in vehicle accident and premises liability wrongful death cases.
Funeral and Burial Expenses
The personal representative of the estate may recover reasonable funeral and burial expenses as part of a wrongful death claim. These costs are often substantial and should be documented from the outset with receipts and invoices. Mesin & Co. includes a claim for all funeral-related expenses as part of every wrongful death case.
The Statute of Limitations for Wrongful Death in Florida
Florida law gives the personal representative of the deceased’s estate two years from the date of death to file a wrongful death lawsuit. This deadline is strictly enforced. If the lawsuit is not filed within two years, the family’s right to recover is permanently lost. Contact Mesin & Co. immediately after your family’s loss to ensure this deadline is met. There is no reason to wait. The consultation is free and carries no obligation.
How Mesin & Co. Handles Wrongful Death Cases
Eugene Mesin begins every wrongful death case by identifying all potentially liable parties and all available insurance coverage. He retains appropriate experts, including accident reconstruction specialists, medical causation experts, and vocational economists, to build a complete picture of your family’s losses. He handles all communication with insurance companies so that the family is shielded from the pressure tactics these companies use to minimize claims. He keeps the family informed at every stage of the process while managing the litigation without burdening the family with procedural details.
Why Eugene Mesin for Your Wrongful Death Case
Eugene Mesin understands that a wrongful death case is not just a legal matter. It is a chapter in a family’s story of loss, and it deserves to be handled with both legal excellence and human compassion. His Marine Corps background instilled a commitment to thoroughness and to never leaving anyone behind. He personally handles every wrongful death case at his firm, is bilingual in English and Russian, and can be reached directly at 786-944-6446.
Frequently Asked Questions About Wrongful Death in Florida
Who is the personal representative of the estate?
The personal representative is the person appointed to administer the deceased’s estate under Florida probate law. They are typically named in the deceased’s will or appointed by the probate court. The personal representative is the party who must formally file the wrongful death lawsuit on behalf of the estate and the surviving beneficiaries. If there is no will, the court will appoint a personal representative, often a surviving spouse or adult child. Mesin & Co. can connect you with probate counsel if needed.
Can adult children recover in a Florida wrongful death case?
Florida wrongful death law limits recovery for adult children to cases where the deceased left no surviving spouse. This is one of the more significant limitations in Florida’s Wrongful Death Act, and it sometimes surprises families. However, adult children may still recover through the estate claim for medical and funeral expenses, and there are specific circumstances where adult children’s claims survive. Eugene Mesin reviews the family structure and all applicable law at the outset of every wrongful death case.
Can we pursue a criminal case and a civil wrongful death case at the same time?
Yes. A civil wrongful death claim and a criminal prosecution are completely separate proceedings with different standards of proof. The outcome of a criminal case does not determine the outcome of a civil case, and a civil case can proceed even if the responsible party is not criminally prosecuted. Many wrongful death cases involving fatal car accidents proceed as civil matters even when the at-fault driver faces criminal charges for vehicular homicide or DUI manslaughter.
How long do wrongful death cases take in Florida?
Wrongful death cases with clear liability and a cooperative insurance carrier can sometimes resolve within 8 to 12 months. More complex cases, particularly those involving commercial vehicles, multiple defendants, or disputes over the valuation of future lost support, regularly take 18 to 36 months or longer. Trial preparation and the litigation process take time, but Mesin & Co. pursues these cases as efficiently as possible while ensuring maximum recovery.
Contact an Aventura Wrongful Death Lawyer Today
Your family deserves a lawyer who will fight for full compensation with the same commitment your loved one deserved. Call Mesin & Co. at 786-944-6446 for a free consultation. We also handle related accident matters including Aventura head-on collisions and Aventura hit and run accidents for families throughout South Florida. All wrongful death cases are handled on a contingency fee basis.
Russian-Speaking Services
Eugene Mesin is fluent in Russian and welcomes inquiries from Russian-speaking clients throughout Florida