Can You Sue Miami-Dade County or Hialeah After a Wrongful Death?

Yes, you can sue Miami-Dade County or the City of Hialeah for wrongful death, but Florida’s sovereign immunity law, Fla. Stat. § 768.28, controls the entire process. The government does not get sued like a private driver. You must serve formal written notice before filing any lawsuit, damage caps limit what a jury award can actually pay out, and the process takes longer than a standard wrongful death case. Missing any of these steps can end a valid claim before it ever reaches a courtroom.

Does Florida law actually allow you to sue the government for wrongful death?

Florida law generally protects government entities from lawsuits through sovereign immunity. However, Fla. Stat. § 768.28 creates a limited waiver. It states the state “waives sovereign immunity for liability for torts, but only to the extent specified in this act.” This means you can sue only if a private person would be liable under the same facts, and only if a government employee was acting within the scope of their job. The law explicitly covers counties and municipalities, so both Miami-Dade County and the City of Hialeah are reachable defendants. Other covered entities include Miami-Dade Transit (which runs Metrobus) and public health systems such as Jackson Health System, though the exact legal status of each facility must be confirmed. Importantly, the statute creates no new duty of care. The government is not liable just because harm occurred.

What is the written notice requirement and why does missing it kill your case?

Before suing any government entity in Florida, you must give formal written notice under Fla. Stat. § 768.28(6). The statute sets a deadline for this notice, and it is separate from the deadline to file suit, so a lawyer should confirm it right away. Notice goes directly to the government entity itself. For claims against Miami-Dade County or the City of Hialeah, send it to that county or city, not to the Florida Department of Financial Services. Filing a lawsuit first does not take the place of the required notice. After notice is received, the agency has a period set by statute to review the claim before a lawsuit can be filed. Crucially, the deadline to file the lawsuit, generally two years from the date of death, runs separately from the notice deadline. Only the personal representative of the deceased’s estate may file the wrongful death lawsuit; individual family members cannot bring their own separate cases.

How much can survivors actually collect from a government defendant?

Even if a jury awards millions, Florida law caps what you can collect from a government defendant. Under Fla. Stat. § 768.28, there are per-person and per-incident limits; a lawyer should confirm the current amounts that apply to your case. Punitive damages and pre-judgment interest are never available against government entities. Any amount above the cap generally cannot be collected unless the family pursues a special claims bill. A claims bill requires petitioning the Florida Legislature, a process that can take years and is not guaranteed to succeed. One possible exception: if the government entity bought excess liability insurance above the statutory caps, it may pay more without legislative approval. Early investigation into whether such coverage exists is essential.

Which situations in Hialeah and Miami-Dade most often lead to government wrongful death claims?

Four common scenarios arise locally. First, Metrobus or Miami-Dade Transit crashes: if a county bus driver causes a fatal crash while on duty, Miami-Dade County can be liable under § 768.28. Second, City of Hialeah vehicles: city trucks, public works equipment, or fire-rescue units operating within their duties may trigger liability. Third, road and signal defects: a fatal crash caused by a pothole, broken traffic light, or missing sign on a government-maintained road may support a claim. Be cautious about who maintains the road, corridors like the Palmetto Expressway (SR 826) may be under state, county, or city control depending on the segment. Fourth, public hospital negligence: deaths involving medical error at facilities that may operate under public authority, such as those within the Jackson Health System, could fall under § 768.28, but you must verify the specific entity’s legal status before relying on the notice process.

Are there private defendants you can also sue alongside the government?

Yes. Government liability and private liability are not mutually exclusive. If a Metrobus and a private truck collide and cause death, both may share fault. If a road defect resulted from work done by a private contractor, that company may also be liable. Private defendants are not bound by the § 768.28 damage caps or the pre-suit notice requirement. Florida’s modified comparative fault rule under Fla. Stat. § 768.81(6) applies: each defendant pays only their share of fault, and your recovery is reduced by your own percentage of fault, but you lose everything only if you are more than 50 percent at fault. Critically, the government’s cap applies only to its portion of liability. A private co-defendant can be ordered to pay far more. Because the notice clock starts running right away, identifying all potential defendants early is vital.

What can surviving family members recover, and why do these cases take longer?

Survivors may recover damages under Fla. Stat. § 768.21 for loss of support and services, loss of companionship and protection, mental pain and suffering (for the spouse and minor children), and medical and funeral expenses. But when the defendant is a government entity, all of these are subject to the statutory caps unless excess insurance or a claims bill applies. These cases take longer for three reasons. First, after giving notice you must wait for the agency’s review period to end before filing suit. Second, if a jury awards more than the cap, pursuing a claims bill adds years. Third, government defendants can appeal verdicts against them, which adds time. Only the personal representative of the estate can file the lawsuit; individual family members cannot bring separate cases.

Frequently asked questions

How long do I have to file a wrongful death lawsuit against Miami-Dade County or the City of Hialeah?
You generally have two years from the date of death to file a wrongful death lawsuit under Fla. Stat. § 95.11. But you must also send written notice to the government entity under Fla. Stat. § 768.28(6), and that notice has its own deadline. These deadlines run independently, so talk to a lawyer early.

If a Metrobus hit and killed my spouse, can I collect more than the government damage cap?
Not from Miami-Dade County directly unless the county has excess insurance or the Florida Legislature passes a special claims bill. A jury may award more, but the statutory cap limits what you can collect from the government.

Does the government wrongful death notice requirement apply to public hospitals too?
Only if the hospital is legally considered a state, county, or municipal entity. Facilities like those in the Jackson Health System may qualify, but you must confirm the specific entity’s status before relying on the § 768.28 notice process.

Can I sue the private driver AND Miami-Dade County if a county truck and another car both caused the crash?
Yes. You can sue both, but different rules apply. The private driver is not subject to damage caps or the pre-suit notice requirement, while the county is. Each party’s share of fault will be determined separately.

Who actually files the wrongful death lawsuit, can each family member file their own case?
No. Only the personal representative of the deceased’s estate may file the lawsuit. That representative acts on behalf of all eligible survivors under Florida’s Wrongful Death Act.

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.