Losing a loved one is devastating. When that death was caused by someone else’s negligence in Miami or anywhere in Miami-Dade County, the pain is compounded by complex legal questions, tight deadlines, and insurance companies that don’t care about your grief. The Miami wrongful death lawyers at Madalon Injury Law help families across every Miami-Dade County municipality pursue justice and compensation when negligence takes a loved one’s life.
Miami-Dade is the most populous county in Florida, home to approximately 2.7 million residents—larger than 16 U.S. states. The county covers approximately 2,431 square miles, stretching from the Atlantic coast westward to the Everglades, and contains 34 municipalities plus extensive unincorporated areas patrolled by the Miami-Dade Police Department. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County recorded 63,837 motor vehicle crashes in a recent reporting year—roughly 16% of all crashes in the entire state of Florida—with over 29,000 injuries and 342 fatalities in a single year. According to the Florida Department of Health, Florida sees over 50,000 preventable deaths annually, and Miami-Dade contributes thousands.
From the urban core of the City of Miami, to the beach corridors of Miami Beach, Sunny Isles Beach, and Key Biscayne, to the family communities of Hialeah, Kendall, Doral, and Homestead, to the affluent enclaves of Coral Gables, Pinecrest, Bal Harbour, and Indian Creek, Miami-Dade families face wrongful death scenarios as varied as the county itself. Traffic crashes on I-95, the Palmetto Expressway (SR 826), the Dolphin Expressway (SR 836), Florida’s Turnpike, US-1, and Kendall Drive. Medical malpractice at world-renowned hospitals including Jackson Memorial’s Ryder Trauma Center, the University of Miami Hospital, Baptist Health, and Mount Sinai Medical Center. Cruise-related cases from PortMiami—the busiest cruise port in the world. Aviation cases involving Miami International Airport. Construction fatalities at Miami-Dade’s nonstop development sites. Drownings, premises liability, nursing home neglect, and pedestrian deaths along some of the deadliest roads in the United States.
Florida’s Wrongful Death Act, codified at Florida Statute 768.16, provides a path forward. It can’t bring your loved one back, but it can hold the responsible party accountable and provide financial support for survivors.
At Madalon Injury Law, our Miami wrongful death lawyers represent families throughout every city and unincorporated area of Miami-Dade County—from downtown Miami to South Beach, from Hialeah to Homestead, from Doral to Aventura. We understand the geography, the courts, the hospitals, the police agencies, and the specific legal landscape unique to this part of Florida.
If you’ve lost a loved one due to negligence in Miami-Dade County, call our Miami wrongful death attorneys for a free consultation. We don’t get paid unless you win.
Understanding the scale of wrongful death in Miami-Dade County puts each family’s loss in perspective—and demonstrates why these cases require serious legal attention.
Miami-Dade County at a Glance:
Traffic Fatality Statistics:
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV):
Pedestrian, Motorcycle, and Bicycle Death Statistics:
According to FLHSMV crash data, in recent reporting years Miami-Dade County saw:
According to federal data, Florida has the highest pedestrian death rate in the nation, and Miami-Dade contributes disproportionately due to its dense urban corridors, high tourist traffic, and major arterials with limited pedestrian infrastructure.
Vision Zero Miami-Dade:
In 2021, Miami-Dade County formally adopted a Vision Zero initiative with the goal of eliminating all traffic fatalities by 2040. The initiative has produced expanded crash data through systems like Signal Four Analytics—data that can be valuable evidence in wrongful death cases.
Workplace Death Statistics:
According to the Occupational Safety and Health Administration (OSHA):
Medical Error Statistics:
According to research from Johns Hopkins Medicine, medical errors are estimated to be among the leading causes of death in the United States. With Miami-Dade home to world-renowned hospital systems including Jackson Memorial (and its Ryder Trauma Center, among the world’s busiest), the University of Miami Hospital, Baptist Health South Florida, Mount Sinai Medical Center, and HCA Florida, medical malpractice wrongful death cases are a significant part of the county’s wrongful death legal landscape.
Nursing Home and Elder Care Statistics:
The Florida Agency for Health Care Administration (AHCA) oversees Florida’s nursing homes and assisted living facilities. Miami-Dade has one of Florida’s largest networks of skilled nursing and assisted living facilities serving a substantial senior population.
Miami-Dade’s Position in Florida:
Miami-Dade is the most populous county in Florida—more populous than Broward (1.93 million) and Palm Beach (1.57 million) combined. The county’s combination of dense urban areas, massive tourist activity (over 26 million annual visitors), beach corridors, world-class medical facilities, the busiest cruise port on Earth, an international airport, an enormous immigrant and diverse population, and major commercial activity creates wrongful death risk patterns that affect millions of residents and visitors each year.
“Miami-Dade’s statistics tell the story: 63,837 crashes annually, 342 traffic fatalities, 81 pedestrian deaths, and 16% of all Florida crashes—every year. Behind every number is a family. Our job is to make sure those families get the legal help they need.”
Sources: Florida Department of Highway Safety and Motor Vehicles, Florida Department of Health, OSHA, Johns Hopkins Medicine, Florida Agency for Health Care Administration, U.S. Census Bureau
Miami-Dade County’s massive scale, dense urban environment, tourist economy, and diverse demographics produce a wider range of wrongful death scenarios than any other county in Florida.
Motor vehicle crashes are the single largest category of wrongful death in Miami-Dade. The county’s combination of major highways (I-95, the Palmetto Expressway, the Dolphin Expressway, Florida’s Turnpike), busy urban arterials, massive tourist traffic, and significant commercial vehicle activity creates constant risk.
Common Miami-Dade traffic wrongful deaths involve:
Liability: At-fault drivers, trucking companies, employers, vehicle manufacturers, bars (in dram shop cases), rideshare companies, and government entities (in certain road condition cases) can all face liability.
Florida has the highest pedestrian death rate in the nation, and Miami-Dade contributes more than any other county. Common Miami-Dade pedestrian and bicycle wrongful death scenarios include:
Miami-Dade is home to some of the world’s most prominent medical facilities. Medical malpractice wrongful deaths can occur from:
Florida medical malpractice cases have specific pre-suit requirements under Florida Statute 766, including obtaining a medical expert affidavit before filing suit. According to research from Johns Hopkins Medicine, medical errors remain a leading cause of death in the United States.
Miami-Dade’s significant senior population uses one of the largest networks of nursing homes and assisted living facilities in Florida. Common nursing home wrongful deaths involve:
The Florida Agency for Health Care Administration (AHCA) oversees Florida nursing facilities. Families can review facility inspection reports and file complaints. Miami-Dade nursing home wrongful death cases require proof of neglect, understaffing, or violations of Florida regulations.
Miami-Dade’s nonstop development—from Brickell high-rises to residential growth in Homestead and Doral to ongoing infrastructure projects—creates significant workplace fatality exposure. Construction wrongful deaths can occur from:
According to OSHA, construction falls are a leading cause of workplace deaths nationwide. Workers’ compensation provides limited benefits for workplace deaths, but third-party wrongful death claims allow families to pursue full damages against general contractors, property owners, equipment manufacturers, subcontractors, and other parties not protected by workers’ comp immunity.
Miami-Dade’s mix of high-rise condominiums, tourist hotels, apartment complexes, shopping centers, entertainment venues, and resort properties creates significant premises liability exposure. Common scenarios:
Miami-Dade’s Atlantic coastline, Biscayne Bay, the Intracoastal Waterway, the Florida Everglades, plus residential, apartment, hotel, and resort pools create significant drowning risk. According to the Centers for Disease Control and Prevention (CDC), drowning is a leading cause of unintentional injury death, particularly among children. Florida law has specific pool safety requirements under Florida Statute Chapter 515, including fencing, self-closing gates, alarms, and safety equipment.
Miami-Dade’s extensive waterways, PortMiami (the busiest cruise port in the world), Government Cut, Biscayne Bay, and proximity to the Atlantic create significant maritime wrongful death exposure. According to the Florida Fish and Wildlife Conservation Commission (FWC), Florida leads the nation in recreational boating accidents.
Maritime cases involve specialized law (general maritime law, the Death on the High Seas Act, Florida wrongful death law, and the Jones Act for crew members) depending on circumstances. Cruise ship wrongful death cases are particularly complex—cruise contracts contain forum selection clauses, short notice deadlines, and specific procedural requirements.
With Miami International Airport (MIA) the busiest international airport in Florida, plus Opa-locka Executive Airport, Miami Executive Airport, and Homestead Air Reserve Base, aviation wrongful death cases sometimes involve commercial flights, general aviation crashes, helicopter incidents, and airport ground transportation cases. Aviation cases involve specialized federal law and FAA regulations.
Manufacturers, distributors, and retailers can face liability when defective products cause death—including vehicles, medical devices, consumer products, recreational equipment, and industrial machinery.
Wrongful death claims can arise from criminal acts (homicide, assault, drunk driving prosecutions) in addition to negligence cases. A criminal conviction is not required to pursue a civil wrongful death claim. The civil standard of proof (preponderance of the evidence) is significantly lower than the criminal standard (beyond a reasonable doubt). Civil wrongful death cases can proceed even when criminal prosecution fails.
Miami-Dade’s road network combines some of America’s deadliest interstates with notoriously dangerous expressways, urban arterials, and beach corridors.
I-95 runs north-south through eastern Miami-Dade, connecting Monroe County and the Keys north through the entire county and into Broward and Palm Beach. The highway has been ranked among the most dangerous interstates in the United States.
Why I-95 is dangerous in Miami-Dade:
The Palmetto Expressway is one of Miami-Dade’s most heavily traveled highways and consistently ranks among the most dangerous corridors in Florida. The Palmetto runs through Hialeah, Miami Lakes, Hialeah Gardens, Doral, Sweetwater, and ends at Kendall in the south.
Why the Palmetto is dangerous:
The Dolphin Expressway runs east-west through Miami-Dade, connecting MIA airport area to downtown Miami, Brickell, and the MacArthur Causeway to South Beach.
Why the Dolphin is dangerous:
Florida’s Turnpike runs through western Miami-Dade as a high-speed toll road, with the Homestead Extension serving south Miami-Dade.
Why the Turnpike is dangerous:
US-1 runs north-south through Miami-Dade, transforming from Biscayne Boulevard in the urban core to South Dixie Highway in the south. The road serves as one of Miami’s main north-south arteries.
Why US-1 is dangerous:
US-27 (Okeechobee Road) runs from Hialeah northwest toward the Everglades and Lake Okeechobee, serving as a major truck route. The road has a notorious reputation for high-speed crashes and truck collisions.
Tamiami Trail runs east-west through Miami-Dade, passing through Little Havana, Coral Gables, and west into the Everglades. The corridor sees heavy mixed traffic and significant pedestrian activity in urban sections.
Kendall Drive is one of Miami-Dade’s busiest east-west arterials, serving the Kendall area, Pinecrest, and southwest Miami-Dade. Heavy traffic and dense commercial activity contribute to crash risk.
Bird Road is a major east-west arterial through central Miami-Dade, serving West Miami, Coral Gables, and Westchester.
These corridors serve as major east-west and north-south arterials through central Miami-Dade, with heavy commercial activity and high pedestrian fatality rates.
Collins Avenue runs along Miami Beach as the primary north-south corridor, serving South Beach, Mid-Beach, North Beach, Surfside, Bal Harbour, and Sunny Isles Beach. Heavy tourist traffic, pedestrian crossings, and entertainment venue activity contribute to crash risk.
The causeways connecting Miami Beach to mainland Miami-Dade see significant crash activity, especially:
Krome Avenue runs north-south through unincorporated western Miami-Dade. The road has consistently ranked among Florida’s deadliest, with high-speed crashes and limited safety infrastructure in agricultural and undeveloped stretches.
A1A runs along the Atlantic coast through Miami Beach, Surfside, Bal Harbour, and Sunny Isles Beach. Beach corridor crashes often involve tourist drivers, pedestrian activity, and impaired driving.
Among the county’s most crash-prone areas:
“From I-95 high-speed fatalities to Palmetto Expressway crashes, to Kendall Drive pedestrian deaths, to MacArthur Causeway collisions, Miami-Dade’s road network creates one of the most complex wrongful death landscapes in America. Understanding which roads cause which types of fatalities is essential to building strong liability cases.”
Sources: FLHSMV, Miami-Dade County Vision Zero data
Madalon Injury Law represents wrongful death families throughout every city and unincorporated area of Miami-Dade County. Below are detailed resources for the cities where wrongful death cases concentrate most heavily, along with the full list of Miami-Dade municipalities we serve.
The City of Miami is the largest city in Miami-Dade County and the county seat, with approximately 440,000 residents within city limits and a metropolitan population of over 6 million. The city is home to Brickell (Miami’s financial district), downtown Miami, Wynwood, the Design District, Little Havana, Coconut Grove, the Upper East Side, and the Health District—where Jackson Memorial Hospital and the University of Miami Hospital operate. PortMiami—the busiest cruise port in the world—is in the City of Miami, and Miami International Airport (MIA) is just to the west. The City of Miami Police Department patrols the city.
Common wrongful death scenarios in the City of Miami involve:
Miami Beach is an Atlantic barrier island city with approximately 82,000 residents (and significantly more during tourist seasons). The city includes South Beach, Mid-Beach, and North Beach, and is patrolled by the Miami Beach Police Department.
Common Miami Beach wrongful death cases involve crashes on Collins Avenue, Ocean Drive, Alton Road, and the MacArthur and Julia Tuttle Causeways; pedestrian fatalities in entertainment districts; drowning incidents; premises liability at hotels and nightclubs; and medical malpractice at Mount Sinai Medical Center (Miami Beach’s Level 2 trauma center).
Hialeah is Miami-Dade’s second-largest city with approximately 235,000 residents, located west of the City of Miami. The city has a predominantly Hispanic and Cuban-American population and is served by the Hialeah Police Department.
Common Hialeah wrongful death cases involve crashes on the Palmetto Expressway, US-27 (Okeechobee Road), Okeechobee Boulevard, West 49th Street, and East 4th Avenue; commercial truck fatalities; nursing home neglect; and premises liability at apartment complexes.
Doral is a growing city with approximately 80,000 residents, located adjacent to Miami International Airport. Home to many corporate headquarters and known as a major business destination, Doral is served by the Doral Police Department.
Common Doral wrongful death cases involve crashes on NW 25th Street, NW 36th Street, NW 87th Avenue, and the Palmetto Expressway; airport-area incidents; commercial truck fatalities; and construction deaths at development sites.
Coral Gables is an affluent city with approximately 50,000 residents, known for its historic Mediterranean architecture, the University of Miami, the Biltmore Hotel, and Miracle Mile. The Coral Gables Police Department patrols the city.
Common Coral Gables wrongful death cases involve crashes on US-1, Bird Road, SW 8th Street (Tamiami Trail), and the Coral Way corridor; pedestrian fatalities along Miracle Mile; medical malpractice; and premises liability cases.
Aventura is a city with approximately 38,000 residents in northeastern Miami-Dade, near the Broward County line. Home to Aventura Mall (one of the largest malls in the U.S.) and many high-rise condominiums, Aventura is served by the Aventura Police Department.
Common Aventura wrongful death cases involve crashes on Biscayne Boulevard, William Lehman Causeway, and 213th Street; pedestrian incidents near Aventura Mall; balcony falls and premises liability at high-rises; and elder care neglect.
Homestead is the southernmost city in Miami-Dade County with approximately 80,000 residents, located in the agricultural southern Miami-Dade. The city sees significant agricultural worker fatalities and crashes on US-1 and the Florida Turnpike Homestead Extension. The Homestead Police Department patrols the city.
Miami Gardens is Miami-Dade’s third-largest city with approximately 110,000 residents, located in northern Miami-Dade. Home to Hard Rock Stadium (where the Miami Dolphins play) and the Miami Gardens Police Department.
Common Miami Gardens wrongful death cases involve crashes on I-95, the Palmetto Expressway, NW 27th Avenue, and 183rd Street; stadium and event-related incidents; pedestrian fatalities; and inadequate security cases.
North Miami has approximately 60,000 residents in north-central Miami-Dade and is patrolled by the North Miami Police Department. Common wrongful death cases involve crashes on Biscayne Boulevard, NE 125th Street, and West Dixie Highway.
North Miami Beach (despite the name, not on the actual beach) has approximately 45,000 residents in northeastern Miami-Dade. Common wrongful death cases involve crashes on West Dixie Highway, Biscayne Boulevard, and NE 163rd Street; pedestrian fatalities; and premises liability.
Kendall is a large unincorporated area (Census-Designated Place) with approximately 80,000 residents in southwestern Miami-Dade. The Miami-Dade Police Department patrols Kendall and most unincorporated areas. Common wrongful death cases involve crashes on Kendall Drive, US-1, the Palmetto Expressway, and the Florida Turnpike; pedestrian and bicycle fatalities; and medical malpractice at HCA Florida Kendall Hospital and Baptist Hospital of Miami.
Cutler Bay is a town with approximately 45,000 residents in south Miami-Dade. Common wrongful death cases involve crashes on US-1, SW 211th Street, and the Florida Turnpike Homestead Extension.
Pinecrest is an affluent village with approximately 18,000 residents, known for Pinecrest Gardens and high-net-worth families. Common wrongful death cases involve crashes on US-1, SW 87th Avenue, and SW 124th Street; premises liability at high-end properties; and medical malpractice.
Sunny Isles Beach is a coastal city in northeastern Miami-Dade with approximately 22,000 residents and a skyline of high-rise condominiums. Common wrongful death cases involve crashes on Collins Avenue and 163rd Street; balcony falls and high-rise premises liability; pedestrian fatalities; and drowning cases.
Madalon Injury Law represents wrongful death families across every Miami-Dade municipality and unincorporated area, including:
We also serve unincorporated areas of Miami-Dade County, which are patrolled by the Miami-Dade Police Department and follow Miami-Dade County jurisdiction. Major unincorporated areas include Kendall, Tamiami, Westchester, Country Walk, Richmond West, The Crossings, Three Lakes, West Perrine, Goulds, Princeton, Naranja, Leisure City, and many more.
If you’ve lost a loved one in any Miami-Dade city, town, village, or unincorporated area, contact Madalon Injury Law for a free consultation.
Miami-Dade County is home to some of the most prominent hospitals in the world, including Level 1 Adult Trauma Centers handling the most severe wrongful death cases in the region.
Location: 1611 NW 12th Avenue, Miami, FL 33136
Jackson Memorial Hospital is Miami-Dade County’s primary Level 1 Adult Trauma Center and one of the busiest trauma centers in the world. The Ryder Trauma Center at Jackson Memorial is the only adult and pediatric Level 1 trauma center in Miami-Dade County and serves as the trauma backbone for the region. Jackson Memorial is operated by the Jackson Health System (Miami-Dade County’s public hospital system) and is affiliated with the University of Miami Miller School of Medicine.
Located at Jackson Memorial, Holtz Children’s Hospital handles pediatric Level 1 trauma cases for Miami-Dade County.
Location: 1295 NW 14th Street, Miami, FL 33136
The University of Miami Hospital is part of the UHealth system and offers comprehensive medical services. The hospital is closely linked with the University of Miami Miller School of Medicine.
Location: 9333 SW 152nd Street, Miami, FL 33157
Jackson South Medical Center provides emergency, surgical, and inpatient services for southern Miami-Dade.
Location: 160 NW 170th Street, North Miami Beach, FL 33169
Jackson North Medical Center provides emergency, surgical, and inpatient services for northern Miami-Dade.
Baptist Health is one of the largest hospital systems in Miami-Dade and includes:
Location: 4300 Alton Road, Miami Beach, FL 33140
Mount Sinai Medical Center is Miami Beach’s primary hospital and the only Level 2 Trauma Center on Miami Beach. It serves residents and the millions of tourists who visit annually.
Location: 1851 NW 10th Avenue, Miami, FL 33136
The Miami-Dade County Medical Examiner’s Office is one of the busiest medical examiner offices in the United States, investigating deaths throughout the county.
When autopsies are required under Florida law:
Florida Statute Chapter 406 requires medical examiner investigation in:
Why autopsy reports matter in wrongful death cases:
Autopsy reports are public records in Florida (with some exceptions). Families can request copies from the Miami-Dade County Medical Examiner’s Office. Reports typically take weeks to complete.
Wrongful death investigations in Miami-Dade involve numerous law enforcement agencies depending on location:
The investigating agency depends on incident location, which affects how reports are obtained and how investigations proceed.
“Jackson Memorial’s Ryder Trauma Center—one of the world’s busiest—handles the most severe wrongful death trauma cases in Miami-Dade. Medical records from this and the county’s other major hospitals, plus reports from the Miami-Dade County Medical Examiner, are critical evidence in wrongful death cases.”
Miami-Dade County wrongful death cases proceed under Florida’s Wrongful Death Act, codified at Florida Statutes Chapter 768, specifically Sections 768.16 through 768.26.
To succeed in a Miami wrongful death negligence case, the personal representative must prove four elements:
The civil standard of proof is preponderance of the evidence (more likely than not)—significantly lower than the criminal standard of proof beyond a reasonable doubt. A wrongful death case can succeed even when criminal prosecution fails.
Under Florida Statute 768.20, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative:
Miami-Dade wrongful death cases require opening probate in the Eleventh Judicial Circuit Court of Florida, Probate Division (Miami-Dade County Courthouse, 73 W Flagler Street, Miami, FL 33130).
Florida Statute 768.21 divides wrongful death damages between survivors and the estate.
Survivors who can recover:
The estate can recover:
Economic damages:
Non-economic damages:
Punitive damages: Punitive damages are rare in Florida wrongful death cases. They require proof of intentional misconduct or gross negligence—a higher standard than ordinary negligence. Most wrongful death cases proceed on compensatory damages only.
Under Florida Statute 95.11, wrongful death lawsuits must be filed within two years of the date of death. This is one of the shortest statutes of limitations in Florida personal injury law (compared to four years for most personal injury cases).
The deadline is strictly enforced. Missing it means losing the right to sue permanently. Limited exceptions exist (such as for cases involving murder or manslaughter), but these are narrow. The two-year clock runs from the date of death, not from when a personal representative is appointed.
Medical Malpractice: Florida medical malpractice cases require pre-suit investigation under Florida Statute 766. Families must serve notice of intent to sue and obtain a medical expert affidavit confirming reasonable grounds before filing suit.
Dram Shop (Alcohol Liability): Florida Statute 768.125 allows limited claims against bars or restaurants that served alcohol to a person known to be habitually addicted to alcohol or to a person under the legal drinking age. Standard intoxication does not trigger dram shop liability under Florida law.
Sovereign Immunity (Government Cases): Cases against Florida government entities (Miami-Dade County, cities, the Miami-Dade Police Department, government employees) face sovereign immunity damage caps of $200,000 per person and $300,000 per incident.
Maritime Wrongful Death: Cases occurring on navigable waters—including cruise ship cases from PortMiami—may proceed under general maritime law, the Death on the High Seas Act, the Jones Act (for crew members), or Florida wrongful death law depending on circumstances. Cruise contracts often contain forum selection clauses and short notice deadlines.
Aviation Cases: Aviation wrongful death cases involve specialized federal law and FAA regulations. With MIA being the busiest international airport in Florida, aviation cases occur regularly in Miami-Dade.
In March 2023, Florida significantly changed its comparative negligence law through House Bill 837. Florida now uses modified comparative negligence with a 50% bar.
How current Florida law works:
If the deceased was 50% or less at fault for their own death, damages are reduced by their fault percentage—but recovery is still possible. If the deceased was more than 50% at fault, the family cannot recover any damages.
Example where recovery is allowed: On $1,000,000 in damages with the deceased found 30% at fault: $1,000,000 × 70% = $700,000 recovery
Example where recovery is barred: On the same $1,000,000 in damages with the deceased found 60% at fault: $0 recovery, because fault exceeded the 50% threshold.
This is a significant change from Florida’s prior pure comparative negligence system, which allowed recovery even when the deceased was 99% at fault. Cases involving deaths before March 24, 2023 may proceed under the prior pure comparative negligence rule, depending on when the injury occurred.
Insurance companies aggressively try to push the deceased’s fault percentage past the 50% threshold to eliminate recovery entirely. Strong legal representation is more important than ever under the new law.
Sovereign Immunity Caps:
If the lawsuit is against a Florida government entity (Miami-Dade County, the City of Miami or another municipality, the Miami-Dade Police Department, the Florida Department of Transportation, government employees acting within their employment), damages are capped at:
Higher recovery requires the Florida Legislature to pass a claims bill—a slow, uncertain process. Notice requirements differ when suing government entities; failure to comply can bar the claim entirely.
Medical Malpractice Caps:
Florida previously imposed caps on non-economic damages in medical malpractice cases. The Florida Supreme Court has struck down many of these caps as unconstitutional. Current law is complex and case-specific.
Most Miami-Dade wrongful death cases have no statutory damage caps. Cases against private individuals, businesses, or property owners proceed without statutory limits.
Miami-Dade wrongful death cases frequently involve multiple liable parties:
Identifying all liable parties maximizes available insurance coverage and assets for recovery.
Miami-Dade traffic wrongful death cases often hit insurance limit problems quickly. The at-fault driver may carry minimum Florida coverage limits, leaving inadequate compensation.
Uninsured/Underinsured Motorist (UM/UIM) coverage on the deceased’s own auto policy can provide significant additional recovery. Your wrongful death lawyer should investigate UM/UIM coverage on every available policy.
Miami-Dade wrongful death cases proceed through the Eleventh Judicial Circuit Court of Florida.
Main Courthouse Location: Miami-Dade County Courthouse 73 W Flagler Street Miami, FL 33130
The Eleventh Judicial Circuit is the only circuit court covering Miami-Dade County and is one of the largest and busiest trial court circuits in the United States. The Miami-Dade County Courthouse in downtown Miami houses Circuit Court (which handles wrongful death cases) and County Court. Wrongful death cases are filed in Circuit Civil Division for the lawsuit, and Probate Division for the appointment of personal representatives.
Miami-Dade also operates additional courthouses serving different parts of the county, including the Lawson E. Thomas Courthouse Center, the Children’s Courthouse, and the Joseph Caleb Center.
Within days of death, file a petition for administration in the Eleventh Judicial Circuit Court, Probate Division. The court appoints a personal representative (typically the surviving spouse or, if none, the heir selected by family). This takes 4-8 weeks if uncontested—longer if family members dispute the appointment.
Critical: Florida’s two-year wrongful death statute runs from the date of death, not from probate appointment. Don’t delay.
Miami wrongful death lawyers investigate the case:
Before filing a lawsuit, attempts are typically made to resolve the case with the at-fault party’s insurance company. Pre-suit settlements can occur if liability is clear and damages are documented.
The personal representative files the wrongful death complaint in the Eleventh Judicial Circuit Court. The complaint identifies defendants, describes the cause of action, and requests damages.
Both sides exchange evidence through:
Discovery typically takes 6-12 months in Miami-Dade wrongful death cases.
Miami-Dade courts require mediation before trial in most wrongful death cases. A neutral mediator (often a retired Miami-Dade judge) facilitates settlement negotiations. The vast majority of Miami-Dade wrongful death cases settle at or before mediation.
If mediation fails, the case proceeds to trial in the Eleventh Judicial Circuit Court. A jury of 6-12 people drawn from Miami-Dade County hears evidence and decides:
Miami-Dade wrongful death trials typically last 3-10 days depending on complexity.
Once a settlement or verdict is reached and paid:
What is the statute of limitations for wrongful death in Miami-Dade County?
Florida law requires wrongful death lawsuits to be filed within two years of the date of death under Florida Statute 95.11. The deadline is strictly enforced, with very limited exceptions (such as cases involving murder or manslaughter). The clock runs from the date of death, not from when a personal representative is appointed.
Who can file a wrongful death lawsuit in Miami-Dade?
Under Florida Statute 768.20, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative is appointed by the Eleventh Judicial Circuit Court, Probate Division. Survivors don’t file directly—the personal representative files on behalf of the survivors and the estate.
Which Miami-Dade hospitals handle the most severe wrongful death trauma cases?
Miami-Dade County is served by Jackson Memorial Hospital’s Ryder Trauma Center—the only Level 1 Adult Trauma Center in Miami-Dade and one of the busiest trauma centers in the world. Mount Sinai Medical Center in Miami Beach is a Level 2 trauma center. Holtz Children’s Hospital at Jackson Memorial handles pediatric Level 1 trauma. Medical records from these facilities and reports from the Miami-Dade County Medical Examiner are critical evidence in wrongful death cases.
What police agency investigates wrongful deaths in Miami-Dade?
The investigating agency depends on location. The Miami-Dade Police Department (MDPD) patrols unincorporated Miami-Dade County. Major cities maintain their own police departments, including the City of Miami Police Department, Miami Beach Police Department, Hialeah Police Department, Coral Gables Police Department, Aventura Police Department, Doral Police Department, Miami Gardens Police Department, Homestead Police Department, and many more. Florida Highway Patrol investigates crashes on I-95, the Florida Turnpike, and other state highways.
Can I file a wrongful death claim if my loved one was partially at fault?
It depends on the percentage of fault. Florida uses modified comparative negligence under Florida Statute 768.81 (as amended by HB 837 in March 2023). If your loved one was 50% or less at fault, you can recover damages reduced by their fault percentage. For example, 30% fault on a $1 million claim yields $700,000. However, if your loved one was more than 50% at fault, the family cannot recover any damages.
Can I sue Miami-Dade County or the City of Miami for wrongful death?
Yes, but Florida’s sovereign immunity caps damages at $200,000 per person and $300,000 per incident in cases against government entities. Higher recovery requires the Florida Legislature to pass a claims bill—a slow process. Notice requirements differ from suing private parties. Common government cases involve dangerous road conditions, inadequate signage, traffic signal failures, or negligence by government employees.
What if my loved one died on I-95, the Palmetto Expressway, or another Miami-Dade highway?
I-95 has been ranked among the most dangerous highways in the United States, and the Palmetto Expressway and Dolphin Expressway consistently rank among Florida’s deadliest corridors. Highway crashes typically involve Florida Highway Patrol investigation, accident reconstruction, and analysis of vehicle data, witness statements, and surveillance footage. Trucking companies, employers, vehicle manufacturers, and impaired drivers can face liability in addition to at-fault drivers.
What if my loved one was killed on a cruise ship leaving from PortMiami?
Cruise ship wrongful deaths involve specialized maritime law. Cases occurring on navigable waters may proceed under general maritime law, the Death on the High Seas Act, the Jones Act (for crew members), or Florida wrongful death law depending on circumstances. Cruise contracts often contain forum selection clauses and short notice/filing deadlines—often as short as six months for notice and one year for filing. These cases require lawyers familiar with maritime and cruise litigation.
What if my loved one died at Jackson Memorial, the University of Miami Hospital, or another Miami-Dade hospital?
Medical malpractice wrongful death cases against any Florida hospital require pre-suit investigation under Florida Statute 766. You must serve notice of intent to sue and obtain a medical expert affidavit confirming reasonable grounds before filing suit. Common malpractice scenarios include misdiagnosis, surgical errors, anesthesia errors, medication errors, and hospital-acquired infections.
What if my loved one was killed on Kendall Drive, US-1, or another major Miami-Dade arterial?
Kendall Drive, US-1 (South Dixie Highway/Biscayne Boulevard), Bird Road, NW 36th Street, NW 7th Avenue, Collins Avenue, and similar corridors account for many of Miami-Dade’s traffic wrongful deaths. These cases proceed under Florida law in the Eleventh Judicial Circuit Court. Liability investigation includes police reports, traffic signal timing, witness statements, surveillance footage, vehicle data, and accident reconstruction.
What if my loved one died in a hit-and-run in Miami-Dade?
Hit-and-run wrongful deaths can still result in recovery. Even if the at-fault driver isn’t identified, your loved one’s uninsured motorist coverage often applies. If the driver is later identified, you can sue them and any liable third parties. MDPD, FHP, and city police agencies investigate hit-and-runs. Surveillance footage from nearby businesses, apartment complexes, and Miami-Dade’s traffic camera systems is often critical.
What if my loved one died in a Miami-Dade nursing home?
Nursing home wrongful death cases involve neglect (falls, dehydration, bedsores, medication errors, delayed emergency response) or abuse. File complaints with the Florida Agency for Health Care Administration (AHCA) and consult a wrongful death lawyer. Medical records, facility inspection reports, staffing records, and expert testimony are critical. Florida’s two-year deadline applies.
Does Madalon Injury Law serve all Miami-Dade County cities?
Yes. Madalon Injury Law represents wrongful death families throughout every Miami-Dade city, town, village, and unincorporated area—from downtown Miami to Homestead, from Miami Beach to Doral, from Aventura to Coral Gables.
What if the at-fault driver in a Miami-Dade crash had no insurance?
Check whether your loved one had uninsured/underinsured motorist (UM/UIM) coverage on their own auto policy. UM/UIM coverage often applies to wrongful death and can provide substantial recovery even when the at-fault driver lacks coverage. You can also sue the at-fault driver personally. Multi-party cases sometimes uncover other liable parties with insurance or assets.
What if my loved one was killed in a Miami-Dade construction accident?
Workers’ compensation provides limited benefits for workplace deaths—typically funeral expenses and a portion of lost wages. However, third-party wrongful death claims allow families to pursue full damages against general contractors, property owners, equipment manufacturers, subcontractors, and other parties not protected by workers’ comp immunity. OSHA reports, safety records, and expert testimony are critical.
What if my loved one was killed by a drunk driver in Miami-Dade?
The drunk driver remains personally liable and may face criminal charges separately. Florida’s dram shop law (Florida Statute 768.125) allows claims against bars or restaurants in limited circumstances—when they served alcohol to a person known to be habitually addicted to alcohol or to a person under the legal drinking age. Standard intoxication does not trigger dram shop liability under Florida law.
What if my loved one was killed in a balcony fall at a Miami-Dade high-rise?
Balcony falls at high-rise apartments, condominiums, and hotels can give rise to wrongful death premises liability claims. Property owners and management companies must comply with safety codes, including railing height and structural requirements. Common scenarios involve defective railings, inadequate maintenance, intoxicated tenants/guests in inadequately secured environments, and structural failures. Building codes, inspection reports, maintenance records, and expert testimony are critical.
What if my loved one was killed in a rideshare incident in Miami-Dade?
Rideshare wrongful death cases involve specific legal complexities. Rideshare companies (Uber, Lyft) carry insurance coverage that varies based on whether the driver was logged in, accepting a ride, or carrying a passenger at the time of the incident. The driver’s personal insurance, the rideshare company’s coverage, and other parties’ insurance may all apply.
Can adult children recover in a Miami-Dade wrongful death case?
Florida law restricts adult children’s recovery. Adult children (25+) can only recover for mental pain and suffering if there is no surviving spouse. If a spouse survives, adult children typically cannot recover unless they were partly or wholly dependent on the deceased. Minor children (under 25) can always recover regardless of whether a spouse survives.
How are Miami-Dade wrongful death settlements distributed?
Survivors’ damages are distributed to each entitled survivor per Florida Statute 768.21. Estate damages are distributed per the deceased’s will or Florida intestacy law. The personal representative collects all damages and distributes them under Miami-Dade probate court oversight. Settlements involving minor survivors require court approval.
Do Miami-Dade wrongful death settlements get taxed?
Generally no. Under IRS rules, wrongful death compensation for personal injury or death is not taxable income. Punitive damages (if awarded) and pre-judgment interest may be taxable. Florida has no state income tax. Consult a tax professional for case-specific advice.
What if my loved one died in a drowning at a Miami-Dade beach, pool, or waterway?
Drowning wrongful deaths can give rise to claims under Florida pool safety law and general premises liability. Property owners must comply with fencing, gate, alarm, and safety equipment requirements under Florida Statute Chapter 515. Beach drownings may involve premises liability against beach operators or municipalities (with sovereign immunity caps). Maritime drownings involve specialized law.
What does it cost to hire a Miami wrongful death lawyer?
Madalon Injury Law works on a contingency fee basis. You pay nothing upfront. No retainer. No hourly fees. We collect a fee only if we recover compensation for you. The contingency fee structure means Miami-Dade families can pursue wrongful death cases regardless of their financial situation. The fee is a percentage of the recovery, agreed upon in writing before representation begins.
The unexpected death of a loved one is devastating. Florida’s wrongful death laws, Miami-Dade probate, tight deadlines, and aggressive insurance companies make an already painful situation overwhelming. At Madalon Injury Law, we represent wrongful death families throughout every Miami-Dade County municipality. We handle the legal fight while you focus on grieving and healing.
We Serve All of Miami-Dade County
Madalon Injury Law represents wrongful death families across every Miami-Dade city, town, village, and unincorporated area:
We Know Miami-Dade
We’ve handled wrongful death cases throughout Miami-Dade County involving:
We Know Miami-Dade Courts
Madalon Injury Law practices in the Eleventh Judicial Circuit Court. We understand:
We Coordinate with Miami-Dade Police Agencies
Miami-Dade wrongful death cases often involve coordination with:
We know how to obtain reports, work with investigators, and preserve evidence before it disappears.
We Work with Top Experts
Miami-Dade wrongful death cases require expert testimony:
We Navigate Miami-Dade Probate
Miami-Dade wrongful death cases require opening probate in the county. We coordinate with probate counsel (or handle probate ourselves) to:
We Fight Insurance Companies
We see through insurance company tactics:
We’re Prepared for Trial
When settlements aren’t fair, we take cases to trial in the Eleventh Judicial Circuit Court. We know how to present complex evidence to Miami-Dade juries.
We Work on Contingency
You pay nothing upfront. No retainer. No hourly fees. We only collect if we recover for you. This contingency model means Miami-Dade families can pursue their cases regardless of financial circumstances.
We Treat Your Family with Compassion
Wrongful death cases are different from other legal matters. You’re not just a client—you’re a grieving family. We treat you with respect, compassion, and care.
Contact Miami Wrongful Death Lawyers
If you’ve lost a loved one due to negligence anywhere in Miami-Dade County, you’re facing one of life’s hardest experiences. You shouldn’t navigate Miami-Dade courts, Florida’s wrongful death laws under Chapter 768 of the Florida Statutes, and insurance companies alone—especially given that Miami-Dade accounts for approximately 16% of all crashes in the state of Florida according to the Florida Department of Highway Safety and Motor Vehicles.
The Miami wrongful death lawyers at Madalon Injury Law represent families throughout every Miami-Dade County municipality and unincorporated area—from the City of Miami to Homestead, from Miami Beach to Doral, from Aventura to Coral Gables. We understand Miami-Dade’s geography, hospitals, courts, police agencies, and the legal landscape unique to this part of Florida. Schedule your free consultation today with our Miami wrongful death attorneys.
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No fees unless we win.
Contact Madalon Injury Law
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
