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Miami Wrongful Death Car Accident Lawyers
Our Miami Wrongful Death Car Accident Lawyers can help when an accident causes the sudden, preventable loss of a family member. When a loved one is killed in a fatal car accident on Miami’s congested highways, the surviving family is often left to face unimaginable grief, sudden financial instability, and complex legal hurdles.
At the Law Offices of Jason Turchin, our Miami wrongful death car accident lawyers understand that no amount of money can ever replace your loved one. However, pursuing a wrongful death lawsuit can provide your family with the financial security you need to survive, while holding the negligent driver and their insurance company fully accountable for their actions.
👉 Call (305) 373-0550 today or use our live chat for a free, completely confidential consultation. You will not pay any out-of-pocket fees or costs unless we recover compensation for your family.
Common Causes of Fatal Car Crashes in Miami
Miami-Dade County sees some of the highest rates of fatal traffic collisions in the state of Florida. Our top-rated wrongful death attorneys can independently investigate severe crashes to uncover exactly what happened. We frequently handle fatal accidents, and can handle claims involving:
- High-Speed Rear-End Collisions: Sudden traffic stops on I-95 or the Palmetto Expressway (826) often result in devastating rear-end crashes, causing fatal trauma to occupants.
- Side-Impact (T-Bone) Crashes: These frequently occur at busy Miami intersections like US-1 or Biscayne Blvd when negligent drivers run red lights or stop signs. Because the sides of a vehicle offer less protection, these impacts are often deadly.
- Rollover Accidents: SUVs and commercial trucks have a higher center of gravity. When a driver swerves at high speeds on the Florida Turnpike, the vehicle can roll over, leading to fatal roof collapses.
- Head-On Collisions: While less common, these are almost always catastrophic. In Miami, these often involve wrong-way drivers on the Dolphin Expressway (836) or MacArthur Causeway, frequently caused by drunk driving (DUI) after leaving South Beach or Downtown.
- Motor Vehicle Defects: Sometimes the driver is not at fault. Fatalities can occur due to defective vehicle components, such as exploding airbags, tire blowouts in the Florida heat, or failed seatbelts. Our product liability lawyers have extensive experience taking on major auto manufacturers.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law has very strict rules regarding fatal accident claims. Under the Florida Wrongful Death Act, individual family members cannot file their own separate lawsuits. Instead, the claim must be filed by the Personal Representative of the deceased person’s estate.
The Personal Representative files the lawsuit on behalf of the estate and all eligible surviving family members, which typically includes:
- The surviving spouse
- Minor children, and in certain circumstances, adult children
- Parents of the deceased
- Any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support
Compensation for Grieving Families
A fatal car accident can strip a family of a lifetime of love, guidance, and financial stability. Our attorneys can work tirelessly to fight to help ensure the insurance companies pay for the full extent of your loss, including:
- Medical bills incurred prior to death (such as life-saving attempts at Ryder Trauma Center)
- Funeral and burial expenses
- Loss of the deceased person’s future earnings and financial support
- Loss of companionship, protection, and parental guidance
- Severe mental and emotional pain and suffering
Florida’s Strict Statute of Limitations
Time is often critical in these cases. In Florida, the statute of limitations for a wrongful death lawsuit is generally two years from the date of death. If you do not file a lawsuit within this strict time limit, your family may be permanently barred from recovering any financial compensation. Do not wait for a police investigation or criminal trial to conclude before contacting a lawyer.
Why Choose the Law Offices of Jason Turchin?
When fighting for a deceased loved one, you may need a law firm with heavy litigation experience and deep financial resources. Choosing us means you can benefit from:
- AV Preeminent® Rated by Martindale-Hubbell: The highest possible peer review rating for legal ability and ethical standards.
- 10.0 Superb AVVO Rating: Maintaining a perfect rating based on client reviews and peer endorsements.
- Over 6,500 Cases Handled: We can handle the probate process by working with probate lawyers, insurance negotiations, and trial litigation if needed so your family can focus on healing.
- A+ Rating with the BBB: An unwavering commitment to client transparency, trust, and satisfaction.
Call our Miami office today at (305) 373-0550 for a free, compassionate case review.
Miami Wrongful Death Car Accident FAQs
Who pays for a wrongful death settlement in a car accident?
In most Miami fatal car accidents, the settlement is paid by the at-fault driver’s bodily injury (BI) liability insurance policy. If the at-fault driver was uninsured or underinsured, our attorneys can look to your loved one’s Uninsured Motorist (UM) coverage to recover compensation.
Do I have to wait for the criminal trial to finish to file a civil lawsuit?
No. Civil wrongful death lawsuits are completely separate from criminal proceedings (like a vehicular homicide or DUI manslaughter trial). You can and should file a civil claim immediately to preserve crucial evidence from the crash scene.
Can I still pursue a wrongful death claim if my loved one was partially at fault for the crash?
Florida uses a “comparative negligence” system. Even if your loved one was partially at fault for the accident, your family may still be able to recover financial compensation. The total settlement would simply be reduced by their assigned percentage of fault.
How much does a wrongful death lawyer cost in Miami?
The Law Offices of Jason Turchin handles all wrongful death claims on a strict contingency fee basis. This means your family will not pay any upfront attorney’s fees or out-of-pocket costs unless we successfully recover a settlement or jury verdict on behalf of the estate.
