Hollywood Wrongful Death Attorney

Hollywood Personal Injury Lawyer

Did You Lose Someone in an Accidental Death or Crime?

In many car accidents however, the victims will suffer serious injuries but fortunately recover. Sadly, some auto accidents cause such serious injuries that the victim succumbs, leaving their loved ones in a state of shock. At Dolan Dobrinsky Rosenblum, LLP, our wrongful death lawyer has sought compensation for families using Florida’s wrongful death statute.

These personal injury cases are confusing and highly fact specific. You need one of the best wrongful death lawyers on your side to be successful. Contact DDBR today to find out more about your rights and find out if we are the right attorney and firm to file your wrongful death claim. In this article, we provide an overview of Florida’s wrongful death statute, including information about specific circumstances and who can receive compensation.

Are Wrongful Deaths Common?

Unfortunately, accidental deaths happen all the time. Consider the following statistics:

• According to the Florida Crash Dashboard, Broward County experienced 248 fatal accidents in 2022, leading to a tragic 266 fatalities. That is almost one fatality a day for the entire year.
• Florida experienced 275 fatal workplace accidents in 2020, the most recent year with full statistics. The construction industry led the way in fatalities.
• Diagnostic errors alone contribute nearly 371,000 deaths around the country.

If your loved one died in an accident, you should immediately reach out to a wrongful death attorney. We can help you decide if filing a wrongful death claim is the right thing for you to do.

Proving a Death is Wrongful

One of the greatest challenges is showing that someone else is legally held liable for for the death. For example, your loved one might have died in a car crash late at night. The defendant blames your loved one for running a red light, which led to the crash. If your loved one was responsible, then you cannot sue.

Something similar might happen if your loved one was shot or stabbed. The defendant might allege that the deceased attacked him first, and he was acting only in self-defense. The most important witness—your loved one—is no longer here to offer their side of the story.

We help our clients by gathering the best evidence possible to establish what happened. Our wrongful death attorney in Hollywood, FL can search for:

• Third party witnesses to the accident or crime. Maybe bystanders saw the accident and can offer testimony on what happened.
• Video evidence. Many homes and businesses have video cameras pointed toward the sidewalk. These cameras might have captured the accident. Many cars also have dash cams which record what is happening in front of them.
• DNA and other physical evidence. This evidence can establish a link between the defendant and your loved one. For example, someone who killed your spouse could have left behind blood, fingerprints, or hairs.
• Admissions. Sometimes, a defendant admits they were responsible for the accident. As an example, a motorist could admit to hitting your child as he crossed the street. Admissions of this sort are rare but very helpful.

For our attorneys, these kinds of cases are challenging because of the need for high-quality evidence. Fortunately, we have the right skills to uncover relevant evidence to reconstruct what happened. This gives us an advantage when we file wrongful death lawsuits.

Differences Between Wrongful Death & Crimes

A wrongful death action is civil, not criminal. This distinction matters:

• If you are successful with your claim, you can force the defendant to pay compensation. But you can’t send them to jail.
• The prosecutor only files criminal charges. The estate’s personal representative files a wrongful death lawsuit.

• The burden of proof is lower in a civil trial than a criminal one.
• Some conduct is “wrongful” but not criminal. For example, simple negligence is rarely criminal, but it’s enough to support a wrongful death claim. At the same time, violent crime like manslaughter or homicide can also be considered a wrongful death.

Filing the Lawsuit in Court

The personal representative for your loved one’s estate files the lawsuit. This person is nominated in your loved one’s will. When they die without an estate plan, then the probate court will appoint someone to serve in this capacity and shepherd the the decedent’s estate through probate.  The personal representative also files lawsuits like wrongful death.

The deadline for filing spelled out in Florida’s statute of limitations. You have two years from the date of the death of your loved one to file. If you go past this time limit or deadline, then a defendant can request that a judge dismiss your case, and you will probably receive no compensation.

There is a longer deadline when a loved one dies due to murder or manslaughter. You should consult a wrongful death attorney near me to discuss the upcoming deadline.

Negotiating a Settlement for Loved Ones

An accidental death lawyer at DDRB is generally able to settle wrongful death claims. By reaching an agreement, we can guarantee you some money while, at the same time, avoiding the delay of trial.

Who can receive compensation? In most cases, the following surviving family members can receive compensation form a wrongful death claim:

• Spouse
• Children
• Parents of minor children
• Other dependents, if they depended on the deceased for financial support

Wrongful Death Damages for Surviving Spouse and Families in Hollywood, FL

A wrongful death case seeks compensation for losses suffered by the deceased person’s family, as well as their estate. It’s a good idea to schedule a consultation with one of our wrongful death lawsuit lawyers in Hollywood, fl to discuss possible compensation and estimate what the amount the defendant owed.

We usually request compensation for economic damages like:

• Any medical bills or funeral costs paid by family members
• The loss of services provided by the decedent
• The loss of support, including financial support

Non-economic damages might include:

• loss of a spouse’s protection and companionship
• Your mental pain and suffering
• Loss of parental instruction, guidance, and companionship

How much is your case worth? This is a good question, and there is no simple answer. Some people believe that the loss of a spouse’s affection is worth millions of dollars. Others believe the surviving spouse deserves less. We want to review the facts of your case to provide tailored advice.

Damages for the Estate

After determining legal responsibility, our experienced Hollywood wrongful death lawyers will file a wrongful death case and exercise the will for a deceased person, our wrongful death lawyers will also seek damages for the deceased person’s Hollywood, FL estate losses like the following:

• Medical and funeral bills paid by the estate
• Lost wages or earnings from the day of the accident to the day your loved one died
• Earnings your loved one could have reasonably earned and left as part of their estate

These calculations are complex. For example, someone who was young and highly educated had decades of income to look forward to. Any amount paid to the estate is ultimately distributed to beneficiaries, as our Hollywood wrongful death lawyer can explain in a consultation.

What Factors Will Limit My Compensation?

Our clients naturally hope to receive their fair compensation and as much compensation and economic damages as possible under the law. And our Hollywood wrongful death lawyers strive to get them just that. But certain factors can limit the compensation you receive:

• Lack of evidence. If there’s only weak evidence proving the defendant liable, you might not get the maximum amount possible. Instead, settling for a lesser amount might be the best option, since you could lose at trial.
• Defendant’s lack of resources. You can only get money from the defendant if they have some ability to pay. Some defendants are completely broke and have no assets to their name. Others might only have the minimum insurance required. At DDRB, we try to find as many defendants to add to a claim, which will improve the odds of receiving compensation. Still, some defendants are simply “judgment proof” because they don’t have any resources.
• Your loved one’s comparative fault. Florida recognizes that accident victims sometimes contribute to their own injuries by being careless themselves. For example, a loved one who was killed in a pedestrian accident might have been jaywalking at the time of the collision. When a victim shares some fault, the damages are reduced proportionally. So if your loved one was 65% at fault, the defendant must pay only 35% of your damages.
• Damage caps. Some cases have caps placed on the damages a defendant must pay. If you sue the government, they usually pay a maximum of $200,000.

Our Hollywood wrongful death attorneys can discuss these and other factors with you. We have developed techniques for trying to offset any limitation in your compensation for unexpected loss.

Will Your Case Go to Trial?

Most wrongful death claims settle without any need to appear in a courtroom. At Dolan Dobrinsky Rosenblum Bluestein, we know how to negotiate with many of the state’s biggest insurers. Settling to file a wrongful death claim often works to your advantage, because you can avoid the risk of a trial. It’s possible to sometimes lose in front of a jury. By settling, you can ensure compensation and can avoid needing to testify about painful memories.

There are many reasons why cases can’t settle. The two major ones are disagreements on liability and damages. For example, the defendant whose actions killed your loved one might blame the deceased for the accident. Doing so would reduce their liability, so this is expected.

Damages are another source of disagreement. Many insurers want to get by offering as little as possible. They might only offer a few thousand dollars for the grief you feel or your loss of companionship. These small settlement offers are insulting. Our legal team always fully determines your damages so you know whether a settlement is a good deal. And if the defendant refuses to offer more, we are prepared to take your case to trial.

Why Hollywood Wrongful Death Cases Are So Complex

Wrongful death claims are special in the law. Historically, when a victim died, all legal rights died with them. Not every lawyer is prepared to handle this type of wrongful death claim. Some of the complications include:

• Finding sufficient evidence of intentional misconduct in a wrongful death when the victim has passed away.
• Collecting all evidence before it disappears.
• Coordinating with prosecutors when a wrongful death is also a criminal act.
• Properly valuing our clients’ losses, such as loss of companionship or love.
• Gathering sufficient evidence to establish the full damages our clients should receive.
• Meeting deadlines and interpreting legal rules to protect our clients’ rights.
• Negotiating with insurers and defendants for maximum compensation.

Wrongful death actions are high stakes. Millions of dollars in economic damages could be at play. Many defendants will vigorously defend themselves so that they don’t pay a penny. A business also seeks to protect its reputation, since any liability could turn the public off. You need a Hollywood wrongful death lawyer with deep experience in these situations. Contact DDRB today!

Wrongful Death Cases and Workplace Accidents

Our firm can help anyone who has lost a family member in an accident. But accidents at work are uniquely challenging. Under Florida’s workers’ compensation system, a victim’s family cannot sue an employer for negligence in most cases. However, there is a death benefit available under workers’ compensation.

In some situations, we might sue a third party for the fatal accident. As an example, a person could have broken into the office and fatally assaulted your loved one, or your family member was out on the road for work when struck and killed. When a non-employer has liability, we will consider suing them for wrongful death. Let us review the facts to determine your legal rights.

What is a Deposition in a Wrongful Death Case?

Our firm can help surviving family members or spouses who have lost a child or parent in an accident. But accidents at work for adult children are uniquely challenging. Under Florida’s workers’ compensation system, a victim’s family cannot sue an employer for negligence in most cases. However, there is a death benefit available under workers’ compensation.

In some situations, we might sue a third party for the fatal accident. As an example, a person could have broken into the office and fatally assaulted your loved one, or your family member was out on the road for work when struck and killed. When a non-employer has liability, we will consider suing them for wrongful death. Let us review the facts to determine your legal rights.

Why is Dolan Dobrinsky Rosenblum Bluestein the Best Choice for Me?

What is a Deposition in a Wrongful Death Case?

A deposition is a way to find helpful information to use in a legal claim. You and the defendant can both request depositions. We can ask the defendant questions to answer under oath. This is a good way to find out details about the crash we wouldn’t know otherwise.

Certain family members will have to sit for depositions as well. For example, you might have been involved in the fatal crash or accident, so you are a witness. The defendant also wants to know more about your relationship with the deceased. After all, one category of damages is the loss of love and companionship. If you were estranged from your family member, that fact matters.Some of our clients fear depositions. We can help prepare you. We can walk through the questions you will be asked and help refresh your memory so that you answer accurately. We will also attend the deposition and ensure you are comfortable during the entire process.

Why is Dolan Dobrinsky Rosenblum Bluestein the Best Choice for Me?

We founded our law firm with one goal in mind: to protect injured victims and their families following a devastating accident. Large businesses and other defendants have insurance companies and high-priced law firms on their side. You need an experienced legal team acting as your advocate to file your personal injury claim.

We have distinguished ourselves in the South Florida legal market by providing Hollywood clients with top notch legal expertise. We bring to every case: 

• Unmatched experience in wrongful death cases. Our Hollywood accidental deaths lawyers have tackled all sorts of personal injury claims based on medical malpractice, motor vehicle accidents, product defects, and intentional crimes. We understand how the law has developed and where we can leverage our experience to your advantage. 
• Compassionate, detailed advocacy: Some large law firms are run like mills, and clients are just numbers on an assembly line. We get to know your case, your injuries, and your life. This concern is more than just compassion. We can more effectively advocate for your rights the more that we learn about how the accident has turned your life upside down.  
• Diverse perspectives: Our firm thrives because we don’t all think alike. Our individual life histories inform how we approach cases, and we appreciate the rich diversity in South Florida. We have represented clients from all walks of life and use our diverse perspectives to make the best legal arguments on behalf of our clients.
• Effective courtroom advocacy: Not every case ends in settlement, and we are not afraid to present your case to a judge or jury. Because of our effective advocacy, insurers on the other side think twice before forcing a case to trial.
• Provable Results: Some law firms talk a big game. We have the results to back us up. Over the past decade, we have obtained over $1 billion in settlements for our clients. This compensation helps them get the car they need, relieve financial stress, and obtain justice when someone has caused a loved one’s death.

Speak with a Wrongful Death Attorney Near Me

This is an emotional time for all family members. Many families draw closer in times of tragedy, without lost support while others grieve alone. Nonetheless, you should call a wrongful death law firm near me to speak with a qualified attorney about your legal rights following a loved one’s death. Dolan Dobrinsky Rosenblum Bluestein is the personal injury lawyers firm best situated to seek a fair settlement in your personal injury lawsuit.