Trial-Ready Representation for Families Pursuing Justice in Miami-Dade
Losing a family member to another party’s negligence is devastating. Insurance adjusters may be calling before you’ve had a moment to grieve, and the legal process can feel impossible to navigate alone. At Raposo & Lukacs, we represent families in the Coral Gables area in wrongful death claims, and we prepare every case for trial from the outset rather than treating it as a settlement transaction.
Our approach has produced results that matter. We secured a $40 million wrongful death jury verdict recognized as #11 in the southeastern United States. That track record reflects how seriously we take these cases and the pressure it can create when we sit across the table from an insurance carrier. Consultations are free, and we work on a contingency fee basis, which means you pay nothing unless we achieve a recovery.
Call (305) 575-2177 to speak with a wrongful death attorney at no cost. We’re available 24/7 and offer representation in English and Spanish.
What Is Wrongful Death Under Florida Law?
A wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. Unlike a criminal charge, a wrongful death claim is a civil action governed by the Florida Wrongful Death Act (Florida Statutes §768.16–768.26). The burden of proof is preponderance of the evidence, not the “beyond a reasonable doubt” standard used in criminal courts. In some cases, such as a DUI crash, a criminal proceeding and a civil wrongful death claim may run simultaneously and independently.
We handle wrongful death claims arising from a wide range of incidents:
Florida Wrongful Death Act: What Families Need to Know
Florida Statute §768.19 authorizes a wrongful death claim when a death results from another party’s negligence, recklessness, or intentional act. The law defines who may recover, what damages are available, and how long families have to act.
Key provisions include:
Eligible survivors: Spouses, children, and parents of the deceased are typically entitled to recover. In some circumstances, other dependents may also have a claim.
Recoverable damages: Florida law allows recovery for medical and funeral expenses, lost financial support, loss of companionship and parental guidance, and in cases of gross negligence or intentional harm, punitive damages.
Statute of limitations: Florida generally imposes a two-year deadline from the date of death to file a wrongful death lawsuit. Missing that deadline may forfeit the family’s right to recover, which is why early consultation matters.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, not directly by each surviving family member. The personal representative is typically named in the deceased’s will. If no will exists, the court appoints someone to fill that role, which means opening an estate is often a necessary procedural step before the lawsuit can proceed.
The personal representative files on behalf of eligible survivors, which generally includes:
The surviving spouse
Children, including adopted children
Parents of a deceased minor or adult child
If the deceased was partially at fault, Florida’s modified comparative negligence law may reduce the family’s recovery proportionally, and under Florida Statute §768.81, recovery may be barred entirely if the deceased is found to be more than 50 percent at fault. We help families understand who qualifies to recover and guide them through each step from the outset.
Compensation Available in a Florida Wrongful Death Claim
Families pursuing a wrongful death claim may recover both economic and non-economic damages. The amounts vary based on the deceased’s age, earnings, the severity of the negligence, and each surviving family member’s specific losses.
Funeral and burial expenses: Covers the cost of funeral services, burial, or cremation.
Pre-death medical expenses: Medical treatment and hospitalization costs incurred between the injury and death.
Lost financial support: Compensation for the economic contributions the deceased would have provided to the family over time.
Loss of companionship and parental guidance: Non-economic damages for the emotional loss each surviving family member has experienced.
Punitive damages: In cases involving gross negligence or intentional harm, additional damages may be awarded to punish the responsible party.
Florida Survival Action Claims
Alongside a wrongful death claim, Florida law may allow a separate but related cause of action known as a survival action. The distinction matters: a wrongful death claim compensates surviving family members for their own losses, while a survival action addresses what the deceased personally experienced between injury and death.
If your loved one survived even briefly after the incident before dying, a survival action should be evaluated alongside the wrongful death claim. Damages can include:
Medical expenses incurred from the time of injury until death
Lost earnings during that period
The deceased’s own pain and suffering before death
Compensation from a survival action is paid to the deceased’s estate rather than directly to surviving family members. Because both claims involve overlapping facts and evidence, pursuing them together avoids duplication and can help account for the full scope of harm.
How Long Do I Have to File a Wrongful Death Claim in Florida?
Florida’s general rule is two years from the date of death. Certain circumstances may affect that deadline, but waiting creates real risk. Evidence becomes harder to preserve, witnesses become less accessible, and a thorough investigation takes time to conduct properly. Early consultation matters.
Can I Still File If My Loved One Had a Pre-Existing Condition?
Yes. A pre-existing condition doesn’t bar a wrongful death claim if another party’s negligence caused or accelerated the death. The focus is on whether the defendant’s conduct contributed to the fatal outcome, not whether the deceased was in perfect health beforehand.
Do I Need a Lawyer to File a Wrongful Death Lawsuit?
Legal representation isn’t required, but Florida’s wrongful death statutes are detailed and the personal representative requirement adds a procedural layer that must be handled correctly. Navigating the process without counsel increases the risk of errors that can reduce or eliminate the family’s recovery.
How Long Does a Wrongful Death Case Take?
Duration depends on the complexity of the case, the number of defendants, the strength of available evidence, and whether the parties reach a negotiated resolution or proceed to trial. Some cases resolve in months; others take significantly longer. We provide regular updates so families know where things stand.
What Role Does Insurance Play in a Wrongful Death Claim?
Auto, homeowners, or commercial liability insurance often provides the primary source of compensation. The insurer may attempt to negotiate a settlement or defend the case at trial. Understanding how carriers evaluate and respond to claims is one reason our founding partner’s prior insurance defense background shapes how we build and present these cases.
“Professional, caring, and always responsive—this team secured a great settlement during a difficult time. Grateful for their support!”
D. Conra
“Dedicated, Thoughtful, and Fierce Advocates”
“Raposo & Lukacs fought for our family and won. Thoughtful, thorough, and professional—John, Jose, and Cassandra truly go above and beyond!”
John P.
“Dedicated Advocacy for the Best Results”
“Raposa & Lukacs work tirelessly to secure the best outcome for their clients. Highly recommended for anyone in need of legal services!”
Justin P.
“Trustworthy Support Every Step of the Way”
“A seamless, caring, and professional experience from start to finish. Grateful for their dedication and support throughout the process.”
J.C.
“A True Fighter for His Clients”
“John goes the extra mile to fight for what you deserve, keeping you informed every step of the way. Highly recommended!”
Octavio C.
“Exceptional Service & Professionalism Throughout”
“A seamless and professional experience from start to finish. This firm provided exceptional care, support, and expertise throughout the entire process.”
Brenda C.
“Professionalism with a Personal Touch”
“José and Cassandra provided exceptional support, creating a family-like environment. Grateful for Dr. B’s help in restoring my back after the accident!”
Ricardo R.
“Dedicated, Professional, and Compassionate”
“Grateful for the hard work, professionalism, and kindness this firm showed throughout my case. Their dedication made all the difference.”
When a fatal crash, medical error, or other tragedy strikes in the Coral Gables area, families are often managing grief while insurance adjusters call and decisions pile up. We step in to handle that pressure directly. Our attorneys and staff manage all communication with carriers and defense counsel, request records, and track deadlines so families can focus on each other rather than the legal process.
A Verdict Record That Demonstrates What We Do
We obtained a $40 million wrongful death jury verdict recognized as #11 in the southeastern United States, and an $8 million wrongful death verdict ranked among Florida’s top jury verdicts in 2024. These results reflect a consistent approach: we prepare every case for trial from day one. That preparation can create real leverage in settlement negotiations because insurance carriers know we’re ready to litigate rather than accept a low offer.
Inside Knowledge of How Carriers Defend These Claims
A founding partner previously represented insurance defense firms before shifting to plaintiff’s work exclusively. That background gives our team direct insight into how carriers set reserves, assign value to claims, and construct arguments to shift blame. We use that knowledge to anticipate defense tactics and build cases that are difficult to discount.
Full-Value Damage Analysis
We work with life care planners and economists to calculate the complete lifetime cost of a loss, including future medical care, rehabilitation, home modifications, and lost earning capacity. That analysis helps us seek damages that reflect the family’s actual long-term losses, not just immediate expenses.
Recognized Attorneys Familiar with Miami-Dade Courts
Wrongful death tort claims in Miami-Dade County proceed in the Circuit Civil Division of the Eleventh Judicial Circuit. We are South Florida-born attorneys familiar with how these cases move through that court, and we are admitted to all three federal districts in Florida. We have litigated against large healthcare systems, insurance carriers, and government entities. Our attorneys are recognized by Best Lawyers in America, Super Lawyers, and the Million Dollar and Multi-Million Dollar Advocates Forums, and the firm holds an AV Preeminent® rating from Martindale-Hubbell.
Accessible, Bilingual Representation
We provide bilingual representation in English and Spanish and maintain 24/7 accessibility for clients facing urgent questions. Language and scheduling shouldn’t stand between a family and the guidance they need. Clients consistently describe our team as professional, caring, and responsive, with an environment that feels supportive rather than transactional.
Speak with a Wrongful Death Attorney at No Cost
A free consultation carries no obligation and no upfront cost. You’ll have the opportunity to share what happened, ask questions, and hear how Florida’s wrongful death laws may apply to your family’s situation. We handle every case on a contingency fee basis, which means no attorney fees unless we secure a recovery.
When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
When Everything Is on the Line, We Deliver.
High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
Powerful Representation
We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
Your Case. Your Future. Our Mission.
Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
