When someone you love is killed because of another person’s negligence in Coral Gables, the grief is immediate and overwhelming. The legal process cannot begin to address that grief — but it can secure financial stability for surviving family members and hold the responsible party accountable under Florida law.
Mesin & Co. represents families who have lost loved ones due to car accidents, truck accidents, pedestrian fatalities, and other negligence-related deaths throughout Miami-Dade County. We handle wrongful death cases on a contingency fee basis — no upfront costs, and no fee unless we recover compensation for your family. Call (786) 944-6446 any time.
Florida's Wrongful Death Act: Who Can File and What You Can Recover
Florida’s Wrongful Death Act (Florida Statutes Chapter 768) governs who may bring a wrongful death lawsuit and what damages surviving family members can recover. Understanding these rules is critical — they determine who has standing to sue and what the potential value of the case may be.
Who Files the Lawsuit
Under Florida law, only the personal representative of the deceased’s estate may file a wrongful death lawsuit — even if multiple family members are survivors. The personal representative acts on behalf of the estate and all eligible survivors. If no estate has been opened, one will need to be established. We guide families through this process as part of our representation.
Who Are the Eligible Survivors
The people entitled to recover in a Florida wrongful death case, and what they may recover, depends on the family structure:
Surviving spouse: May recover for loss of companionship and protection, mental pain and suffering, and lost financial support.
Minor children (under 25): May recover for lost parental companionship, instruction and guidance, and mental pain and suffering.
Adult children (25 and older): In many cases — particularly following recent Florida Supreme Court and legislative changes — adult children’s recovery for non-economic damages is more limited. We evaluate the specific circumstances of each case.
Parents of a deceased minor: May recover for mental pain and suffering and lost services.
Estate: May recover lost earnings from the date of injury to death, and medical/funeral expenses paid by the estate.
Damages in a Miami-Dade Wrongful Death Case
Wrongful death damages in Florida can include: lost net accumulations (the projected future earnings the deceased would have contributed to their estate); loss of support and services (the economic contributions made to the household); loss of companionship, guidance, and protection; mental pain and suffering for eligible survivors; medical expenses between the injury and death; and funeral and burial expenses. Cases involving a high-earning professional, a young parent, or a business owner carry particularly substantial economic damage values — which is why wrongful death cases in Miami-Dade often settle for significantly more than standard personal injury cases.
Wrongful Death Cases We Handle in Coral Gables and Miami-Dade
Wrongful death claims arise from many types of fatal negligence. Our wrongful death practice in Miami-Dade covers:
- Fatal car and truck accidents on US-1, Bird Road, SR-826, and SR-836 — the major commercial and commuter corridors serving Coral Gables
- Pedestrian fatalities in Coral Gables crosswalks and along the Miracle Mile and US-1 corridor
- Fatal motorcycle crashes on Coral Way, Ponce de Leon Blvd, and other city streets
- Rideshare fatalities involving Uber or Lyft vehicles
- Premises liability deaths at commercial properties, hotels, and construction sites in Miami-Dade
- Construction and workplace fatalities under Florida’s workers’ compensation and third-party liability frameworks
The Role of the 11th Judicial Circuit Court
Wrongful death lawsuits arising from incidents in Coral Gables are filed in the 11th Judicial Circuit Court of Florida, located in Miami-Dade County. This is a high-volume civil court with an experienced judiciary that handles complex multi-million dollar wrongful death and personal injury trials regularly. Miami-Dade juries have historically returned significant verdicts in wrongful death cases involving egregious negligence. Understanding this venue — its practices, its judges, and its jury pool — is part of what we bring to your case.
The Statute of Limitations: Why You Cannot Wait
Florida’s wrongful death statute of limitations is two years from the date of death — not the date of the accident if death occurred later. This deadline is absolute in most cases. If the at-fault party is a government entity — the City of Coral Gables, Miami-Dade County, or a state agency — Florida’s sovereign immunity statute requires formal written notice within three years, with additional procedural requirements that must be met before filing suit. Missing any of these deadlines typically bars recovery entirely. Contact us immediately — the investigation required to build a wrongful death case takes time.
Frequently Asked Questions — Coral Gables Wrongful Death Lawyer
My family member was killed by a driver who was arrested for DUI. Does the criminal case affect the civil claim?
Yes, but they are separate proceedings. A criminal DUI conviction is powerful evidence of negligence in the civil wrongful death case. Additionally, punitive damages — damages designed to punish egregious conduct — are available in wrongful death cases involving DUI, and Florida law specifically provides for them. A criminal acquittal does not prevent a civil recovery.
The person who died had no income at the time of the accident. Does that mean the case has low value?
Not necessarily. Non-economic damages — loss of companionship, mental pain and suffering — do not depend on income. For a stay-at-home parent, an economist can calculate the economic value of childcare, household management, and other services. For a retired person, the companionship loss to a surviving spouse can be substantial. We evaluate every component of damages.
We have family members who live outside the United States. Can they be parties to a Florida wrongful death case?
Yes. Coral Gables has a substantial international population, and many wrongful death cases in this area involve families with members in other countries. Eligible survivors can participate regardless of their location or citizenship. We work with international families throughout the process.
A family member was killed at a construction site near Coral Gables. Can we sue the property owner?
Potentially yes — in addition to any workers’ compensation claim. If the death resulted from a third party’s negligence (a subcontractor, equipment manufacturer, or property owner who is not the employer), a wrongful death lawsuit may be available alongside workers’ compensation. These cases are complex and require immediate investigation.
How long will a wrongful death case take to resolve?
Wrongful death cases in Miami-Dade typically take longer than standard personal injury cases because the damages are larger and defendants fight harder. A negotiated settlement may be reached in 12–24 months. Cases that go to trial in the 11th Judicial Circuit can take 2–4 years. We pursue the timeline that maximizes your family’s recovery.
Wrongful Death Attorneys Serving All of South Florida
We represent grieving families throughout Miami-Dade, Broward, and Palm Beach Counties:
- Aventura Wrongful Death Lawyer
- Fort Lauderdale Wrongful Death Lawyer
- Hollywood Wrongful Death Lawyer
- North Miami Wrongful Death Lawyer
- Boca Raton Wrongful Death Lawyer
View all Coral Gables personal injury services or call (786) 944-6446 any time.
Russian-Speaking Services
Eugene Mesin is fluent in Russian and welcomes inquiries from Russian-speaking clients throughout Florida