Schedule a Free Consultation With a Top Coral Gables Wrongful Death Attorney and Miami Wrongful Death Attorney
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Coral Gables wrongful death attorney is a compassionate, experienced advocate for grieving families. The loss of a loved one to an accident caused by negligence is a horrible tragedy. You and your family deserve justice. For a free, confidential consultation with a top Coral Gables wrongful death lawyer, please do not hesitate to contact our legal team today.
What to Know About Wrongful Death Claims in Coral Gables and Florida’s Wrongful Death Act
A wrongful death claim is a type of civil cause of action. It is designed to provide surviving family members with an opportunity to seek justice—and financial support—through the civil legal claims process. These cases are handled by state law. Following a fatal accident in Coral Gables, any claim will be covered by Florida’s wrongful death laws. In Florida, a wrongful death is one that happens when a person’s death is the direct result of another person’s negligent or intentionally wrongful action/inactions. Some examples of wrongful death cases include:
- Car crashes;
- Truck accidents;
- Pedestrian accidents;
- Motorcycle wrecks;
- Workplace accidents;
- Criminal assaults;
- Medical malpractice; and
- Defective products.
These are fault-based legal claims. How exactly the family established fault will depend on the nature of the underlying accident. For example, fatal car accident cases are different from fatal medical malpractice cases—even though they can both give rise to a wrongful death lawsuit. Proving liability involves establishing that the responsible party owed your loved one a duty of care, failed to uphold that duty, and that their negligence directly caused the death. While no amount of compensation can fully heal your family’s loss, holding the responsible party accountable matters.
Know the Rule for Wrongful Death Eligibility in Florida Following a Fatal Accident
One of the most important things to know about wrongful death laws in Florida is that not everyone has the right to file a claim. Quite the contrary, wrongful death claims are restricted to certain surviving loved ones. Typically, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The representative is usually named in the deceased individual’s will—but if there is no will, the court will appoint someone to assume the role. It could be a closed family member, such as a spouse, parent, or sibling. Here is another key point to understand: Although the personal representative files the wrongful death lawsuit in Florida, it is done on behalf of surviving family members, such as the deceased person’s
- Spouse;
- Children;
- Parents; or
- Other dependent.
Be Proactive: Wrongful Death Statute of Limitations in a Coral Gables Wrongful Death Case and Miami Wrongful Death Case
Wrongful death claims in Florida are highly time-sensitive. Indeed, time matters a lot in a wrongful death case. Florida law provides a specific window—generally two years from the date of your loved one’s death—to file a wrongful death claim. While this may seem like ample time to take legal action, these cases require extensive investigation and gathering of evidence, medical records, and expert testimony. A proactive approach is a must: Acting promptly allows your family to build a stronger case and reduces the risk of losing your legal right. You should consult with an experienced Coral Gables, FL wrongful death lawyer right away after a close loved one’s fatal accident.
We Help Families Maximize Wrongful Death Compensation Following a Loved One’s Death
Although there is nothing that could ever truly be enough to make things right after a loved one’s fatal accident, grieving families in Coral Gables need the maximum financial support. Compensation is the primary remedy that is available through a civil wrongful death claim in Florida. Our state’s wrongful death laws allow eligible family members to recover various damages, including:
- Out of pocket medical expenses;
- Funeral expenses and burial costs;
- Loss of the deceased person’s earnings;
- Loss of love;
- Loss of companionship; and
- Loss of parental guidance.
Of course, it is important to emphasize that every family’s situation is unique. The amount and type of compensation awarded will vary based on factors such as the deceased person’s age, earnings, the severity of the negligence involved, and the surviving family’s specific losses. You do not have to navigate the claims process alone. An experienced Coral Gables, FL wrongful death lawyer can help to ensure your family’s needs are met.
An Overview of Survival Action Claims in Florida (Know the Law) Before You File a Wrongful Death Claim
Florida has another type of related claim that is known as a survival action case. It may be brought in addition to a wrongful death lawsuit in certain circumstances. To be clear, a survival action is distinct from a wrongful death claim. The purpose of it is to more directly address the suffering and wrongful death damages experienced by your loved one between the time of injury and their passing. Survival action claims may include compensation for:
- Medical expenses incurred from the time of injury until death;
- Lost earnings between the injury and death; and
- Pain and suffering endured by the deceased.
A survival action claim honors the personal losses your loved one experienced, separate from the family’s own losses. The compensation from a survival action is paid to the deceased’s estate and can assist in settling outstanding debts or obligations of the deceased. Understanding survival action claims ensures comprehensive justice for your loved one. If your loved one survives the initial accident, even if only for a few hours, a survival action claim should be explored.
Why Trust the Wrongful Death Lawyers at Dolan Dobrinsky Rosenblum Bluestein
Wrongful death cases are amongst the most complex, challenging types of legal claims. These cases should be handled with care, sensitivity, compassion, and the highest level of professional skill. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we have the legal expertise that grieving families can trust when it matters most. Our testimonials from clients tell the story. When you reach out to us, you will have a chance to connect with a Coral Gables wrongful death attorney who can:
- Listen to your story and answer questions about Florida’s wrongful death laws;
- Investigate the fatal accident in Coral Gables—gathering the evidence to prove liability;
- Represent you in all wrongful death settlement negotiations; and
- Develop a personalized strategy focused on securing the best outcome for your family.
Our Experienced Wrongful Death Lawyer Advocates for the Best Results in Wrongful Death Cases in Coral Gables
Sadly, there is nothing that can ever truly be enough to make things right after the loss of a spouse, child, parent, or other close loved one to a fatal accident caused by negligence. At the same time, our firm knows that your family needs justice, accountability, and closure—and getting the maximum compensation can help you move forward with your life. Our case results show what we can do for victims and families. As an example, our wrongful death lawyers once obtained a $1 billion verdict against Philip Morris USA Inc. on behalf of the family of a smoker who died from lung cancer. We handle other wrongful death claims as well. As another example, we obtained $5 million in compensation on behalf of the family of a woman who was killed by an intoxicated driver in Florida.
Wrongful Death Cases in Coral Gables: Frequently Asked Questions (FAQs)
What is Considered a Wrongful Death in Florida?
A wrongful death in Florida occurs when a person dies due to another party’s negligence, recklessness, or intentional misconduct, according to Florida’s wrongful death statute. It can result from a wide range of different contexts—from car accidents and truck accidents to medical malpractice and dangerous and defective products.
What Should I Look for in a Coral Gables Wrongful Death Attorney?
Grieving families need a wrongful death attorney who is knowledgeable, skilled, compassionate, and committed to fighting for justice. You also need a lawyer who is willing to invest personal time, attention, and resources. The right Coral Gables, FL wrongful death lawyer can make a big difference in your case. Our firm offers free, fully confidential initial consultations.
What is the Preponderance of Evidence Standard for Wrongful Death Liability of Family Members?
Wrongful death cases are civil claims not criminal cases. Although, there may sometimes be a corresponding criminal charge against a defendant, such as after a DUI crash. The reasonable doubt standard only applies to criminal cases, not civil cases. Instead, in Florida, the preponderance of the evidence standard is the burden of proof required to establish liability in a wrongful death civil case. The standard means that the plaintiff—typically the surviving family being advocated for by the personal representative of the estate—must show that it is more likely than not that the defendant’s negligence, recklessness, or wrongful act caused the death.
Can You Sue for a Wrongful Death in Florida If the Deceased Person was Partially at Fault?
Yes, Florida follows a comparative negligence rule, which allows recovery even if the deceased was partially at fault. However, the compensation awarded will be reduced by the deceased’s percentage of fault. For example, if they were found 30 percent at fault, the total damages granted to the family through a civil wrongful death claim would also be reduced by 30 percent. Further, in Florida, if the deceased is responsible for the majority of their own accident, any recovery may be denied.
Do Most Wrongful Death Cases Settle?
It is far more common for a wrongful death claim in Florida to be resolved through a settlement instead of a jury verdict. Settlements can expedite compensation for grieving families and reduce the uncertainties associated with courtroom litigation. However, the decision to settle depends on various factors. Of course, litigation is always possible. For that reason, you need a trial-tested Coral Gables, FL wrongful death attorney on your side.
Can a Property Owner Be Held Liable for a Death on the Premises in Florida?
Yes—but only if their negligence contributed to the fatal accident. These types of wrongful death claims fall under premises liability law. In Florida, the key legal concept is premises liability law is that property owners can be held responsible if they failed to maintain reasonably safe conditions and that failure directly led to the death. To succeed in a wrongful death claim, the plaintiff must prove that the property owner’s negligence—such as inadequate security, poor maintenance, or unsafe conditions—was a foreseeable cause of the fatal incident.
What Role Does the Insurance Company Play in a Wrongful Death Claim in Florida?
A very big one—at least in most cases. Insurance—such as auto insurance, homeowners insurance, or commercial liability coverage—often provides the source of compensation in wrongful death cases. The insurer may negotiate a settlement or defend the case if it goes to trial. Understanding applicable insurance policies is crucial to securing full compensation after a fatal accident.
Can Punitive Damages Be Awarded in a Florida Wrongful Death Lawsuit?
Yes. Punitive damages are effectively a form of “penalty” damages. They are not tied directly to the family’s actual economic or non-economic losses. Instead, the damages are designed to punish the wrongdoer and deter similar conduct in the future. In Florida, these damages are meant to punish the wrongdoer and deter similar conduct in the future. However, they are not available in every case. If you have any questions about punitive damages, our Coral Gables wrongful death attorney can help you better understand your rights and your options.
Our Law Firm Handles Wrongful Death Claims in Coral Gables On Contingency
Following a family member’s fatal accident, the absolute last thing that you need to worry about is how to pay another bill. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our experienced wrongful death attorney represents grieving families on a contingency fee basis. There are no upfront costs and there are no hourly bills. Our Coral Gables wrongful death lawyers and Miami wrongful death lawyer only collect a legal fee when you get paid from your wrongful death suit. Beyond that, an initial consultation is free, completely confidential, and carries zero obligations.
Contact Our Coral Gables Wrongful Death Attorney Today
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Coral Gables wrongful death attorneys provide compassionate, justice-focused, and reliable advocacy to grieving families. If you have any questions about Florida’s wrongful death claims process, we are here as a resource. Call us now or contact us online for a free, no obligation initial consultation once a wrongful death occurs. Our firm handles wrongful death cases in Coral Gables, Miami-Dade County, and throughout the wider region in South Florida. ases. If you have any questions about a tractor trailer crash case, we are here as a resource to recover compensation from a successful wrongful death lawsuit. Call us now or contact us online to arrange a no fee, no obligation case evaluation. We handle wrongful death cases in Coral Gables, Miami-Dade County, and communities beyond.
Our attorneys at Dolan Dobrinsky Rosenblum Bluestein, LLP representing clients in different personal injury cases are ready to serve you and support you in your legal trials.