Homestead Wrongful Death Lawyer

Homestead, FL Personal Injury Lawyer

Support and Condolences for Those Affected by a Wrongful Death in Homestead, FL

Losing a family member due to an untimely and wrongful death is an emotionally devastating experience. Not only does it cause immense grief, but it can also lead to financial hardships. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we extend our deepest condolences to those who have suffered such tragic losses. We understand the emotional and financial challenges that follow such incidents, and we are here to provide legal support during this difficult time.

Key Aspects of Valid Wrongful Death Claim

Under Florida Statutes § 768.19, a death is considered wrongful when it occurs due to another person’s default, negligence, wrongful act, or breach of contract or warranty.

A death is also “wrongful” when committed intentionally or recklessly, such as homicide or manslaughter. In these situations, the defendant could also face criminal charges. Our Homestead wrongful death attorneys can review the facts of your case to determine whether this is a legal claim you can bring.

Thousands of people die each year in Florida in deaths which might qualify as wrongful under the law:

• In 2020, 275 workers in Florida died in workplace accidents in a variety of industries, including construction and the transportation industry.
• In 2021, Florida experienced 3,454 fatal car accidents leading to 3,741 deaths.
• In the same year, our state saw 369 fatal collisions caused by alcohol, resulting in 407 deaths.

Many people are shocked when they receive a phone call informing them that their loved one has died. You might have no idea what happened or who is to blame. For our attorneys, wrongful death cases present complicated factual issues that we are skilled at unraveling.

Legal Actions For Wrongful Death Claims

Car Accidents – Most car accidents are probably an accident caused by negligence. A motorist is paying insufficient attention or otherwise makes a mistake behind the wheel. Florida law expects motorists to use reasonable care on the highway, on side streets, and in parking lots. Sadly, when a driver fails to exhibit due care, they cause fatal collisions. We can usually sue for wrongful death if a driver caused a fatal car accident because of the following:

• Drunk driving
• Driving while fatigued
• Going too fast for conditions
• Drag racing
• Passing around a corner
• Going the wrong way on a street
• Driving into a crowd
• Pulling onto the sidewalk
• Running a red light
• Following the car ahead too closely

Medical Malpractice – Medical errors are one of the leading causes of death in the U.S., and Florida’s health clinics and hospitals have faced many lawsuits. Many innocent patients go to a doctor or hospital fully expecting to get better. But inadequate medical care ends up harming them, sometimes fatally. Medical malpractice insurers defend their clients aggressively. It is difficult to identify whether the doctor or hospital was negligent, so consult an attorney as soon as possible.

We have brought a successful wrongful death claim when a person dies or is harmed by:

• Surgical errors, including wrong site surgery and anesthesia errors.
• Hospital infections which circulate because the hospital fails to properly sterilize the environment.
• Premature discharge from the hospital when a patient remains extremely sick.
• Diagnostic mistakes, including failure to accurately diagnose or a delayed diagnosis which prevents timely treatment.
• Medication errors, including prescribing the wrong drugs or dispensing too much or too little to a patient.
• Nursing home negligence, including malnutrition and dehydration, as well as bedsores.

Crimes – When someone intentionally harms your loved one, they are also liable for a wrongful death case. Someone who intentionally shoots or stabs someone can face criminal charges for homicide or manslaughter. You can also seek to hold them accountable in court.

Other parties could share blame for a crime. For example, your loved one could have been attacked in a business, like a nightclub, or in an apartment complex. The property owner could have failed to employ sufficient security, such as:

• Adequate lighting
• Security guards or bouncers
• Locks on doors and windows
• Locked gates
• Intercoms at the door
• Security cameras

When the security features employed are insufficient, we might sue the business along with the attacker for a wrongful death.

Process of a Wrongful Death Lawsuit

Filing a Lawsuit – Had your loved one lived, they could have filed their own personal injury lawsuit in court. But because they have died, someone else must file:

• The personal representative for your loved one’s estate files the lawsuit in probate court. This means that you need to open a probate case first.
• Look in your loved one’s will to see who they nominated as their personal representative. If there is no surviving will, then the probate court will appoint someone.
• Wrongful death claims have a special statute of limitations—two years from the date of death in most cases. You should not delay reaching out to an accidental death lawyer for assistance with the legal case.
• You can try to negotiate a settlement with whoever was responsible for the death first. But you absolutely need a lawsuit filed before the two-year period ends.
• The personal representative can file a survival action at the same time. A survival action is like a wrongful death claim but seeks compensation for losses your loved one suffered before dying.

Receiving Compensation – Even though the personal representative files the lawsuit, certain surviving family members receive any money in a settlement or court award. In most cases, the following people might qualify:

• Surviving Spouse
• Parents
• Children
• Other survivors

If you have questions about legal options or whether you qualify, reach out to an accidental death lawyer for an individualized analysis of your case.

Damages Awarded to Family – Family members in Homestead wrongful death lawsuits can seek damages for:

• Lost support. An untimely death causes financial stress for many families. The death of a spouse can leave the family poorer because you will no longer receive their income. Any family member can seek compensation for lost financial support if they were financially dependent on the deceased.
• Lost services. People provide more than money to their families. They also provide services, such as transportation, child rearing, elder care, cooking, home maintenance, and other services. You should receive compensation for these lost services.
• Lost companionship. A spouse can seek compensation for the loss of love, companionship, and protection provided by a husband or wife. In some cases, parents and children can also receive lost companionship damages.
• Emotional pain and suffering. The grief following a loved one’s death can be intense. Family members deserve compensation for this suffering.
• Medical or funeral/burial expenses paid by the family member. You might have paid for treatment after the accident or paid for burial, so you are entitled to reimbursement.

Damages Awarded to the Decedent’s Estate – The estate can also recover damages for:

• Lost earnings suffered from the day of the injury to the day of death.
• Expenses paid by the estate, such as medical bills or burial/funeral expenses.
• Any conscious pain and suffering endured by the deceased from the day of the accident until death.

Homestead A Florida City with Rich History

Located in Miami-Dade County, Florida, United States, the city of Homestead has a rich history, a diverse culture, and various aspects that contribute to its identity. It is situated to the southwest of Miami and its proximity to the Everglades National Park and Biscayne National Park makes it a popular destination for nature enthusiasts.

Various notable features of the city include:

• The Homestead-Miami Speedway – It hosts various racing events, including NASCAR races and the championship finale for the NASCAR Cup Series
• Redland Tropical Trail – This scenic route takes visitors through the Redland agricultural district near Homestead showcasing nurseries, farms, fruit stands, and attractions that celebrate the area’s agricultural offerings.
• Homestead Air Reserve Base – An important military installation in the area, contributing to the local economy and providing a military presence.

With all its wonderful beauties however, on August 24, 1992, a Category 5 hurricane named Hurricane Andrew, made landfall on Homestead. The destruction caused by Hurricane Andrew had significant economic implications for the city. Businesses were forced to close, and the local economy suffered due to the widespread damage. An estimated population of 65,000 were displaced from their homes and faced uncertain living conditions. We were proud to be part of the community that helped enhance the community’s resilience and safety and we continue to help those that have been wronged.

Questions to Ask Homestead Wrongful Death Attorneys

To help you choose a qualified lawyer, you should come to a consultation with many questions prepared. We recommend the following:

How are you different from other wrongful death lawyers near me?

Look for experience in wrongful death cases, as well as provable results for personal injury clients. For serious accident claims for example, our law firm has obtained more than $1 billion for our injured clients. We also have served in prestigious legal leadership positions in the South Florida area.

What other evidence do I need to establish a wrongful death case

The attorney should understand what evidence shows a death was the result of negligence, default, or wrongful conduct. Typically, we want to see an autopsy, police report, and witness statements.

What are my chances of obtaining a settlement?

No lawyer can guarantee any result. But they can provide crucial information about the outcomes of similar cases.

Can I file a wrongful death claim if my loved one died in a workplace accident?

Yes. You might seek a death benefit through workers’ compensation. Or, if a non-employer contributed to the death, you might sue them for compensation. However, workers’ comp prohibits suing an employer in most cases.

How much do you think I can receive, and will another wrongful death attorney near me get me more money?

Our firm will explain how Florida juries analyze damages and what factors might limit your financial recovery, such as a judgment-proof defendant. Some of the important factors include the age of your loved one, their education, and their profession. Another factor is the deceased’s comparative negligence.

What is your fee structure, and how does it compare to other wrongful death lawsuit lawyers near me?

Our firm represents clients on contingency fee agreements, which require no upfront cost. This makes our services affordable.

How long will it take to resolve my case?

Settlement could take more than a year in some cases. There are many considerations, such as whether there is dispute about fault for the accident. Any criminal trial could also delay your case.

Does PIP cover fatal car accidents?

Personal injury protection (PIP) coverage does have a death benefit, but it is only $5,000. That is not nearly enough to cover the cost of a funeral and burial. Consult a Homestead wrongful death lawyer to review other ways to bolster your compensation. The at-fault driver might have liability coverage, or you might use the deceased’s underinsured or uninsured motorist coverage to increase the pool of compensation.

Should I accept the first settlement offer made?

No. Instead, you should call a Homestead wrongful death lawyer. Defendants are trying to get you to accept a small settlement. Let us review whether the settlement on offer is fair.

Are there any limits to the compensation I can receive?

There are. For example, if you sue the government for the death, you are limited to $200,000 in most cases. Also, if you seek punitive damages, the amount is usually capped unless the defendant intentionally killed your loved one.

What else do I need to know about my legal rights?

Our firm is committed to empowering clients by explaining the legal process in simple terms. Do not hesitate to ask us to explain something again if you don’t understand it.

These are some of the most important questions to ask accidental death lawyers. Reach out to our firm to schedule a sidebar free consultation meeting with a wrongful death attorney to discuss the tragic loss of your loved one.

DDBR is the Best Wrongful Death Law Firm Near Me

After the death of a beloved family member, many people feel confusion, grief, and isolation. Please reach out to our law firm today. Our award-winning legal team can provide expert legal advice about whether you can sustain a wrongful death lawsuit. We offer free consultations with those who want to discuss their situation in a confidential, compassionate environment. Please contact Dolan Dobrinsky Rosenblum Bluestein today to schedule a time.