How to Choose a Wrongful Death Lawyer in Miami-Dade: A Family Checklist

The questions that matter most in choosing a wrongful death lawyer, who will actually work your case, whether someone speaks Spanish, whether the attorney will come to you, and how fees and costs are spelled out in writing, are almost never answered on law firm directory listings. This checklist walks Miami-Dade families through each of those evaluation points so they can compare firms on specifics, not impressions. Wolfson & Leon’s Hialeah office at 1840 W 49th St #734 is one option that answers calls around the clock and will meet families at home or in the hospital.

Who will actually handle our case day to day, and how do we find out for sure?

Some firms advertise a name partner but assign the file to a junior associate or paralegal. To avoid this, ask directly at your consultation: “What is the name of the attorney who will appear on my pleadings, take depositions, and be my primary contact?” and “How often will I receive a written update?” A clear answer with a specific name is good. Vague responses like “our team” or “someone experienced” are red flags. At Wolfson & Leon’s Hialeah office, Attorney Alfie Leon works directly with Hialeah families on wrongful death matters. Their phones are answered by a live person 24 hours a day, 7 days a week at 305-965-3766. Knowing exactly who is handling your case from day one matters.

Can we work entirely in Spanish from the first call through trial?

In wrongful death cases, precise communication is essential. Medical records, death certificates, witness statements, and settlement discussions must be understood clearly. A firm with only a bilingual receptionist cannot ensure this throughout the case. Ask every firm: “Will the attorney who manages my file communicate with me in Spanish, or only support staff?” and “Are depositions and court filings handled in English, and if so, how will you keep us fully informed?” Most attorneys and staff at Wolfson & Leon speak Spanish. Alfie Leon conducts consultations with Hialeah families in Spanish. Given that Hialeah is a predominantly Spanish-speaking community, consistent language access reduces the risk of miscommunication when decisions about the personal representative or settlement offers arise.

Will you meet us at home or in the hospital, or do we have to come to your office?

After a sudden death, many families are overwhelmed. They may be managing funeral arrangements, caring for injured relatives, or recovering in a hospital themselves. A firm that offers home or hospital visits shows it understands this reality. Ask: “Will the attorney, not a runner or intake specialist, come to us, and is there any additional charge for that?” Wolfson & Leon will meet families at their home or at the hospital. For those who prefer to visit the office, their location is 1840 W 49th St #734, Hialeah, FL 33012. The consultation is free. A legitimate firm puts commitments in writing and comes to you without pressure.

How is the contingency fee calculated, who pays the litigation costs, and what does the written agreement say?

Under Florida Bar Rule 4-1.5(f)(4)(B), a contingency fee is capped at 33 1/3 percent of a recovery up to $1 million if the case resolves before the defendant files an answer or the right to arbitrate is demanded, and 40 percent of a recovery up to $1 million after that point through trial, with different tiers above $1 million. Ask the firm for their exact percentage at each stage. Costs, such as accident reconstruction, expert witnesses, medical record retrieval, and economic loss analysis, are separate from the attorney’s fee. Ask whether the firm advances these costs and whether they are repaid from the gross recovery (before the fee) or the net recovery (after the fee). The written fee agreement must name the attorney, state the fee percentage at each stage, specify who advances costs, and explain how costs are repaid. Do not sign a retainer that leaves any of those four points blank. Wolfson & Leon handles cases on a contingency basis; the consultation is free.

How will you handle the personal representative and probate, and why does Fla. Stat. § 768.20 make that the first legal decision we face?

Under Florida law, specifically Fla. Stat. § 768.20, only the personal representative of the deceased’s estate may file a wrongful death lawsuit, not the spouse, children, or other survivors acting on their own. This means probate court must appoint a personal representative, usually through the 11th Judicial Circuit in Miami-Dade. If the deceased left no will naming one, the court must appoint someone, which takes time. Ask every firm: “Do you coordinate with a probate attorney, or do we need to hire one separately?” and “Will a delay in appointing a personal representative affect our ability to preserve evidence or meet the filing deadline?” Firms familiar with defense tactics know delays can be exploited. A wrongful death claim runs parallel to the estate process; both must move together to protect your rights.

What insurance will you search, including our own UM coverage under Fla. Stat. § 627.727?

Most families know to look at the at-fault driver’s liability policy. Few realize their own insurance may provide additional coverage. Under Fla. Stat. § 627.727, uninsured/underinsured motorist (UM) coverage is optional in Florida but must be rejected in writing. If the deceased or a household member had UM coverage, it may pay when the at-fault driver has no insurance or limits too low to cover your loss. Ask: “Will you conduct a full insurance search, including our own household policies, before we decide whether to settle?” A thorough attorney should examine: (1) the at-fault driver’s bodily injury policy; (2) the deceased’s UM policy; (3) any household relative’s UM policy; (4) umbrella or excess policies; (5) employer or fleet policies; and (6) liquor liability or premises liability coverage if alcohol or unsafe conditions played a role, in the limited situations where Florida law allows those claims. Multiple policies can create recoverable sources even when the at-fault driver appears judgment-proof.

Red flags that should end the conversation

Watch for these specific warning signs during your consultation:

1. The firm cannot name the attorney who will handle your file day to day, only refers to “our team.”
2. The fee agreement is oral or leaves blanks for the percentage, cost-reimbursement method, or attorney name.
3. The attorney cannot explain the difference between who files the case (the personal representative) and who receives the recovery (the survivors defined in § 768.18, plus the estate).
4. The firm discourages you from involving a probate attorney or cannot explain how probate and the civil claim run in parallel.
5. The attorney gives a specific dollar figure at the first meeting before reviewing any records.
6. Nobody at the firm communicates in Spanish when your family primarily speaks Spanish.
7. The firm cannot confirm whether it will meet you at home or in the hospital.

Pressure to sign immediately during a home visit, without time to read the agreement, is another concrete red flag.

Frequently asked questions

Does the personal representative have to be a family member, or can the attorney help us identify who that should be?
The personal representative does not have to be a family member, but Florida courts usually appoint a close relative if no will exists. An experienced attorney can guide you through the probate process and help identify who is eligible and willing to serve.

What if the driver who killed our family member had no insurance or very low limits?
Your own uninsured/underinsured motorist (UM) coverage may apply if you or a household relative carried it. Florida law requires UM coverage to be rejected in writing, so many policies still include it. An attorney should search all available insurance sources, including yours.

How long do we have to file a wrongful death lawsuit in Florida?
Under Fla. Stat. § 95.11, you generally have two years from the date of death to file a wrongful death lawsuit.

What happens if we primarily speak Spanish and the attorney is English-only?
Critical details can be lost in translation, especially in medical, legal, and settlement discussions. It is reasonable to look for an attorney who can communicate directly with you in Spanish throughout the case.

Can the attorney come to our home, or do we have to go to the office right after the death?
Many reputable firms, including Wolfson & Leon, will meet you at your home or in the hospital. You should not be required to travel while grieving or managing medical or funeral responsibilities.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.