Steps in a Wrongful Death Lawsuit in Miami-Dade County, Florida

A wrongful death lawsuit in Miami-Dade County moves through six defined stages: appointing a personal representative in probate court, investigating and preserving evidence, making insurance claims, filing suit in the Eleventh Judicial Circuit, going through discovery and mediation, and finally dividing the recovery with court approval for any minor beneficiaries. Under Fla. Stat. § 95.11, families generally have two years from the date of death to file, missing that deadline permanently ends the right to recover. An attorney familiar with Miami-Dade’s probate and civil divisions can guide a Hialeah family through most of this process without repeated trips downtown.

Step 1: Who files the lawsuit, and how does the probate court fit in?

Only the personal representative of the deceased’s estate may file a wrongful death lawsuit in Florida. Individual family members cannot sue on their own under Fla. Stat. § 768.20. A personal representative is usually the person named in a will, but the probate court must still formally appoint that person; if there is no will, the court chooses one. This appointment must happen first in the Miami-Dade probate division of the Eleventh Judicial Circuit. If no representative has been named yet, the family must begin probate proceedings promptly because delays eat into the two-year deadline to file suit. The personal representative is often a surviving spouse or adult child when there is no will. Families should verify courthouse locations and current procedures directly with the court or their attorney. Working with Spanish-speaking attorneys and staff helps many Hialeah families navigate this step.

Step 2: What evidence needs to be gathered, and how fast does it disappear?

Investigation begins the moment a family hires an attorney, not after probate closes. Key evidence includes police reports, medical records, autopsy reports, surveillance or dashcam footage, vehicle data, witness statements, and the official death certificate. Crash reports are confidential for 60 days under Fla. Stat. § 316.066, but attorneys and insurers can access them during that time. The Miami-Dade County Medical Examiner may automatically order an autopsy in certain deaths, or the family may request one. Insurance adjusters often begin their own investigation quickly. Do not give recorded statements, sign blanket medical authorizations, or accept early settlement offers before understanding the claim’s full value. Quick settlements have ended cases later proven worth far more. Experts such as accident reconstructionists, medical specialists, and economists help quantify loss of future earnings and care.

Step 3: What insurance claims come before a lawsuit is filed?

Before filing suit, the attorney usually sends a formal demand letter to the at-fault party’s insurer after completing the investigation. Many wrongful death cases settle at this stage. If the at-fault driver had no insurance or too little, the deceased’s own uninsured/underinsured motorist (UM/UIM) coverage may apply. UM coverage is optional under Fla. Stat. § 627.727 and only excluded if the policyholder rejected it in writing. Contrary to some online advice, Florida’s no-fault system does not block wrongful death lawsuits. Personal Injury Protection (PIP) pays limited medical and wage-loss benefits up to $10,000 but does not cover the full scope of a death claim. Accepting PIP or burial benefits alone does not waive your right to sue, but signing a release does. Always review any document with an attorney first.

Step 4: Where is the lawsuit actually filed in Miami-Dade?

The personal representative files the wrongful death complaint in the civil division of the Eleventh Judicial Circuit in Miami-Dade County. The complaint identifies the defendants, describes the negligence that caused the death, and lists the damages sought on behalf of the estate and statutory beneficiaries. Defendants are then served and have a set period to respond under the Florida Rules of Civil Procedure. For maritime deaths such as boating accidents on navigable waters, federal maritime law may apply and the case might belong in federal court, families should verify this possibility with their attorney. Maritime claims generally have a different deadline (three years under 46 U.S.C. § 30106), and cruise ticket contracts often set much shorter ones. Most Hialeah families do not need to appear at the courthouse for routine filings because their attorney handles those steps. Families should confirm current courthouse locations and procedures with their lawyer rather than relying on outdated information.

Step 5: What happens during discovery and mediation?

Discovery is the formal exchange of evidence between both sides. It includes written questions (interrogatories), requests for documents, and depositions, sworn testimony taken outside court from parties, witnesses, and experts. The defense will likely depose surviving family members and the plaintiff’s experts. This phase can last many months depending on the case complexity. Mediation is a structured settlement meeting with a neutral mediator. Courts in Miami-Dade often order mediation before trial, though families should verify this practice with their attorney. Most wrongful death cases settle before trial, often at or shortly after mediation. If mediation fails, the case proceeds to a jury trial, but Miami-Dade’s busy court calendar can delay trial dates by many months.

Step 6: How is the money divided, and what is the two-year deadline that controls everything?

The recovery in a wrongful death case is divided between the estate and the survivors defined in Fla. Stat. § 768.18, with damages set by § 768.21: survivors can include the surviving spouse, children, parents, and relatives who were partly or wholly dependent on the deceased (parents of an adult child 25 or older can recover for their pain and suffering only if there are no other survivors). The personal representative does not keep the money but distributes it according to Florida law. If any beneficiary is a minor, the court must approve the settlement or distribution plan under Fla. Stat. § 744.387 before funds can be released. A judge reviews the plan for fairness, which can add weeks or months to the timeline. Everything hinges on the two-year statute of limitations in Fla. Stat. § 95.11, which generally runs from the date of death. Missing this deadline permanently bars recovery. Accepting PIP or burial benefits does not automatically end your claim, but signed releases can. Also, under modified comparative negligence (Fla. Stat. § 768.81(6)), recovery is reduced by the deceased’s share of fault and only barred if they were more than 50 percent at fault.

Frequently asked questions

If I file a PIP or burial claim from my loved one’s insurance, does that mean I can’t file a wrongful death lawsuit?
No. Filing for PIP or burial benefits alone does not waive your right to pursue a wrongful death claim. However, signing a release or settlement agreement with an insurer can end your right to sue, so never sign anything without an attorney.

Florida is a no-fault state, does that mean my family can’t sue the driver who killed my loved one?
No. Florida’s no-fault law (Fla. Stat. § 627.737(2)) lists death among the conditions that allow a claim against the at-fault driver beyond PIP, so a wrongful death lawsuit against the at-fault party is possible regardless of PIP coverage.

What if the driver who caused my family member’s death had no insurance?
Your claim may still proceed under your loved one’s own uninsured motorist (UM) coverage, if it was not rejected in writing. UM coverage is optional in Florida but can provide protection up to the policy limits when the at-fault driver has no insurance.

How long does a wrongful death lawsuit in Miami-Dade actually take?
Timing varies widely from case to case. Complex cases or those that go to trial can take longer, especially with Miami-Dade’s crowded court calendar.

Does my family have to go to the courthouse repeatedly during the lawsuit?
Usually not. Your attorney handles most court appearances and filings. You may need to attend a deposition or mediation, but routine courthouse visits are rare for families.

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.