Drunk-Driving Fatalities
DUI-involved crashes carrying punitive-damage exposure and potential dram-shop angles.
305.482.9701 Free Consultation Available - English & Spanish
Fatal Car Accident · South Florida
Miami Fatal Car Accident Lawyer
When a motor vehicle crash takes a family member, the Florida Wrongful Death Act controls the framework. We help families navigate it with care.
- Florida Wrongful Death Act experience
- Probate coordination with personal representative
- Free consultations in English and Spanish
Fatal Crash Cases Run Under the Florida Wrongful Death Act
The Florida Wrongful Death Act, Sections 768.16 through 768.26, sets the framework for civil claims arising from a preventable death. The personal representative of the estate brings the claim on behalf of all survivors entitled to recover. Damages include lost support and services, lost companionship, mental pain and suffering, and the estate's own losses including funeral expenses and lost net accumulations.
The Marin Law Offices represents surviving families across Miami-Dade and Broward after fatal motor-vehicle crashes. We coordinate with the personal representative and the family's probate counsel, then build the damages case methodically. Consultations are free in English and Spanish, with no pressure to sign anything.
Where Disciplined Fatal-Crash Work Matters
Specific levers in wrongful death car accident claims.
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Time and Discretion
We do not push grieving families toward quick decisions. The full picture matters more than the early offer.
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Wrongful Death Act Depth
Who can recover, what damages are available, and the personal-representative role each require careful handling.
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Probate Coordination
Wrongful death claims run alongside probate. We coordinate with the family's probate counsel.
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Coverage Layer Mapping
At-fault BI, household UM/UIM, umbrella, and commercial-vehicle policies all evaluated for available recovery.
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Bilingual Service
Full case handling in English and Spanish.
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No Up-Front Cost
Free consultations and contingency-fee representation.
Fatal Crash Patterns We Handle
Common fatal motor-vehicle crash configurations.
Distracted-Driving Fatalities
Texting and infotainment-related deaths captured by phone records and EDR data.
Hit-and-Run Fatalities
Fatal crashes where the at-fault driver fled the scene, triggering UM coverage and identification work.
Wrong-Way Highway Fatalities
Catastrophic crashes on I-95 and the Turnpike with frequent egregious-conduct evidence.
High-Speed Collisions
Speed-related fatalities with reconstruction and EDR support.
Rideshare-Related Fatalities
Uber and Lyft fatal crashes activating layered platform coverage.
How a Fatal Crash Case Moves
Compassionate process from first call to resolution.
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Free Consultation
We listen. We explain the Wrongful Death Act, the personal-representative role, and the family's options without pressure.
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Estate & Personal Representative
We coordinate with the probate court so the personal representative is in place to bring the claim properly.
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Investigation
Police reports, medical records, scene reconstruction, employment and household-services records, and witness statements gathered methodically.
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Demand or Suit
Documented claim presented to the responsible parties. Filing in the appropriate court when negotiation will not produce a fair recovery.
What Families Say
★★★★★
5.0 from 50 Google reviews
★★★★★
“Donny Marin is an exceptional attorney. Always answers the phone, very attentive, never rushed, pays great attention to detail, and always delivers.”
Naaman
★★★★★
“Amazing experience with Mr. Marin. The whole process was quick and efficient. Definitely recommend.”
Sharon
★★★★★
“What an amazing attorney. Always helpful, very attentive, very professional. I would recommend his firm to anyone needing a lawyer.”
Daniel
Representative Workflow
How a Fatal DUI Crash Case Gets Built
The Problem
A family loses a parent in a fatal collision caused by an impaired driver leaving a Miami nightlife district. The at-fault driver's policy is limited. The insurer offers a modest settlement before the personal representative is even appointed.
Our Approach
The firm coordinates the probate appointment of a personal representative, preserves BAC and body-cam evidence from the criminal investigation, and identifies a UM policy plus an umbrella layer. Economic experts document lost net accumulations and lost support and services.
The Outcome
Negotiation proceeds against the at-fault BI policy, the UM layer, and the umbrella policy with a complete damages picture. Punitive damages are pleaded against the DUI driver under Florida Statute 768.72.
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BI + UM + umbrella
Coverage layers identified
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Yes (DUI)
Punitive damages pleaded
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$0
Up-front client cost
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English & Spanish
Languages of service
Fatal Car Accident Questions
Who can bring a wrongful death claim in Florida? +
The personal representative of the deceased's estate brings the claim on behalf of all surviving family members entitled to recover. The personal representative is appointed through probate and acts in a fiduciary capacity for the survivors.
Who can recover damages? +
Surviving spouses, minor children, parents of minor children, and in some cases adult children and parents of adult children. Each survivor has their own categories of recoverable damages under the Wrongful Death Act.
What damages are available? +
Lost support and services, lost companionship and protection, mental pain and suffering for surviving spouses and children, and the estate's losses including funeral expenses, lost earnings between injury and death, and lost net accumulations.
When can punitive damages be pleaded? +
Florida allows punitive damages where evidence shows intentional misconduct or gross negligence. DUI, wrong-way driving, and egregious commercial-vehicle conduct often satisfy the threshold. Florida Statute 768.72 sets specific procedural requirements.
How long do we have to file? +
Most wrongful death claims must be filed within two years from the date of death, with shorter notice requirements for claims against government entities and certain maritime defendants. Acting early is important.
What if the at-fault driver is uninsured? +
Florida UM coverage often becomes the primary recovery source. We map every available household and umbrella policy.
What about insurance limits? +
The at-fault driver's policy is the starting point. Many serious cases require multiple layers including UM, umbrella, and commercial coverage where applicable.
Do we have to go to court? +
Most claims resolve through negotiation. Litigation is sometimes necessary if the insurers will not negotiate fairly. We prepare every case as if it will go to trial.
How is the recovery divided among survivors? +
The court approves the allocation among survivors based on each person's losses and relationship to the deceased. The personal representative's counsel guides the process under court supervision.
Related Topics
Closely related fatal-crash and wrongful-death topics.
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Fatal Truck Accident Lawyer
Tractor-trailer and commercial-vehicle fatalities.
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Drunk Driving Lawyer
DUI-involved crashes including fatal cases.
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Hit-and-Run Lawyer
UM coverage when the driver flees.
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Wrongful Death Lawyer
Wrongful death practice overview.
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Back to Wrongful Death
All wrongful death topics.
Free Consultation · English & Spanish
Lost a Loved One in a Crash? Take Your Time. We Handle the Legal Side.
There is no pressure and no cost to talk to us. We explain the Florida Wrongful Death Act, your family's options, and the deadlines that matter.