№ MIAMFL
CM
Attorney
Carlos Mendez
Mendez Injury Advocates
Personal InjuryProduct Liability
- City
- Miami
Personal Injury · Sub-Practice
Wrongful Death Claims
When negligence takes a life, surviving family members have the right to seek justice and compensation.
§ Overview
What your case actually involves.
Wrongful death cases arise when someone dies due to the negligent, reckless, or intentional conduct of another — and the law provides surviving family members a means to hold those responsible accountable.
A wrongful death claim is a civil action brought by the surviving family members — typically a spouse, children, or parents — against the party whose negligence caused the death. The claim covers both the financial losses suffered by survivors and the non-economic harm of losing a family member. Wrongful death claims can arise from car accidents, truck crashes, medical malpractice, workplace accidents, defective products, or criminal acts. The standard is civil negligence — lower than criminal beyond a reasonable doubt — which means a wrongful death claim can succeed even when no criminal charges are filed or when a defendant is acquitted criminally.
§ What you can recover — types of damages
- ▸Funeral and burial expenses
- ▸Lost income and financial support the deceased would have provided over their lifetime
- ▸Lost benefits — health insurance, pension, retirement contributions
- ▸Loss of household services — childcare, home maintenance, financial management
- ▸Loss of companionship, guidance, and consortium for surviving spouse and children
- ▸Pre-death pain and suffering if the victim survived before dying
§ How attorneys build your case
- ›Identifying and pursuing all liable parties — individuals, companies, and insurers
- ›Calculating lifetime earning potential and financial contributions using economic experts
- ›Documenting the full non-economic loss — parental guidance, companionship, consortium
- ›Coordinating with the criminal investigation if applicable without compromising civil strategy
- ›Navigating probate and estate issues that intersect with wrongful death claims
- ›Managing parallel claims when multiple family members have standing to sue
“Families pursuing wrongful death claims face a cruel paradox: they must make important legal decisions at the worst moment of their lives, while defendants and their insurers face no such emotional burden. Defense teams begin working the case immediately — preserving favorable evidence and building arguments before the family has even held a funeral. The most important thing a family can do is retain experienced counsel immediately, so those attorneys can begin investigation and evidence preservation without delay, while the family focuses on grieving.”
§ What to look for in an attorney
- 01Demonstrated wrongful death case experience with significant verdicts and settlements
- 02Compassion and sensitivity — these cases involve families in profound grief
- 03Economic expert relationships for calculating lifetime financial losses
- 04Clear explanation of who has the legal right to file and what they can recover
- 05Ability to coordinate with estate attorneys on overlapping probate and survival claims
- 06Trial willingness — some defendants refuse to settle despite overwhelming evidence
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Who has the legal right to bring a wrongful death claim in this state?
- 💰What is the difference between a wrongful death claim and a survival action?
- 🔍How do you calculate the lifetime economic loss when the deceased was not employed?
- 📋Does my state cap non-economic damages in wrongful death cases?
- 💬Can we bring a wrongful death claim even if no criminal charges were filed?
- 💡How long does a wrongful death case typically take to resolve?
§ Frequently asked questions
Common questions about wrongful death claims.
Q 01
Who can file a wrongful death lawsuit?
Wrongful death statutes vary by state. Most allow the surviving spouse, children, and sometimes parents of an unmarried adult to file. Some states require that a personal representative of the estate bring the claim on behalf of beneficiaries. A few allow more distant family members if no closer relatives exist. Your attorney will determine who has standing under your state's specific statute.
Q 02
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates survivors for their own losses — loss of support, companionship, and future income. A survival action allows the estate to pursue claims the deceased person could have brought had they lived — including pre-death pain and suffering and medical bills. Many states allow both claims to be pursued together. The two together often recover more than either alone.
Q 03
Can we still sue if the person who caused the death was not charged criminally?
Absolutely. Civil and criminal cases operate under different standards. Criminal cases require proof beyond a reasonable doubt; civil cases require only a preponderance of the evidence (more likely than not). A person can be acquitted of manslaughter and still be found civilly liable for wrongful death — as demonstrated in numerous high-profile cases.
Q 04
How long do we have to file a wrongful death lawsuit?
Most states allow 1–3 years from the date of death to file a wrongful death claim. Some states provide additional time when the cause of death was not immediately apparent. Government entity claims may require notice within 30–180 days. Missing the deadline permanently bars the claim, regardless of how strong it is. Consult an attorney immediately.
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