We Fight for Justice for Grieving Family Members in Kendall
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Kendall wrongful death attorneys are compassionate, experienced advocates for justice. Our firm handles the full range of wrongful death cases. Was your loved one killed due to negligence or any other wrongful act? We can help. Contact us Kendall, FL wrongful death attorney today for a free, confidential consultation.
Our Wrongful Death Lawyers Handle All Types of Fatal Accidents in Kendall, FL
The loss of a loved one to an accident or other type of incident is a devastating, heartbreaking tragedy. The civil wrongful death claims process exists to help grieving families get closure, accountability, and justice. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we handle these cases with the compassion, sensitivity, and top-level professional skill that they deserve. Our firm handles all types of wrongful death lawsuits in Kendall, including those related to:
- Car crashes;
- Truck accidents;
- Motorcycle wrecks;
- Pedestrian collisions;
- Fall accidents;
- Negligent security;
- Dangerous products;
- Workplace accidents; and
- Medical malpractice.
An Overview of the Wrongful Death Law in Florida
Under Florida law (Florida Statutes § 768.21), a negligent party can be held civilly liable for a fatal accident through a type of legal claim called a wrongful death lawsuit. Indeed, a wrongful death claim in Florida is a civil lawsuit filed when a person dies due to another party’s wrongful act, negligence, or breach of duty. Broadly defined, a “wrongful act” refers to conduct that would have entitled the deceased to file a personal injury lawsuit if they had survived—such as a car accident, medical malpractice, or even criminal behavior. To be clear, liability in a wrongful death case is based on proving that the defendant’s actions directly caused the death. Every fatal accident in Kendall should be thoroughly and comprehensively investigated by an experienced Florida wrongful death attorney.
Who has the Right to File a Wrongful Death Lawsuit?
Not every person who was affected by a fatal accident has rights under Florida’s wrongful death laws. Indeed, only certain loved ones will be permitted to recover compensation through a civil legal claim. Notably, you—a survivor family member—cannot file a wrongful death lawsuit directly in Florida. Instead, the personal representative of the deceased’s estate must file the claim on behalf of surviving family members, such as a spouse, children, or parents. If you have any specific questions or concerns about how a wrongful death claim should be filed in your case, please do not hesitate to contact Kendall, FL wrongful death attorney for help.
Know the Wrongful Death Statute of Limitations
In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the victim’s death. What does that mean for your case? Eligible family members—and the deceased’s estate—must file a lawsuit within this timeframe to seek compensation for their loss. If a claim is not brought in a timely manner, you may not be able to take action at all. It is important to note that this two-year statute of limitations clock typically begins on the day the person passes away, not on the date of the incident that led to the death. Still, there is no reason to delay. Do not wait to get started with the civil legal claims process: Consult with a Kendall, FL wrongful death lawyer as soon as possible after a loved one’s fatal accident.
Understanding Wrongful Death Damages in Florida’s Wrongful Death Act
The loss of a loved one in an accident is a terrible tragedy. There is no amount of financial compensation that could ever truly be sufficient to make things right. At the same time, grieving families in Kendall need justice and financial support from Florida’s wrongful death statute. A civil wrongful death claim is focused on recovering compensation for the family and other eligible survivors once a wrongful death occurs. There are two main categories of wrongful death damages in Florida and one (less common) additional category. Here is an overview of wrongful death damages in Florida:
- Economic Damages: Your civil claim starts with economic damages. Economic damages in a Florida wrongful death claim are meant to compensate surviving family members and the estate for financial losses resulting from the death. These can include lost income and benefits the deceased would have provided, funeral and burial expenses, and any out-of-pocket medical costs related to the deadly accident. Notably, the court in Florida may also award compensation for the loss of support and services the deceased would have contributed. These damages are typically calculated based on the decedent’s age, earning capacity, and his or her life expectancy.
- Non-Economic Damages: The harm caused by a fatal accident is primarily not economic. The family suffered terrible pain and trauma after losing someone so important to them. You have the right to seek compensation for non-economic losses through a civil wrongful death claim. Notably, these damages are often larger and more comprehensive than the direct economic damages. In Florida, eligible survivors—such as spouses, children, and sometimes parents—can be awarded compensation for pain and suffering, loss of companionship, loss of parental guidance, and emotional distress.
- Punitive Damages: Florida does allow for the awarding of punitive damages in a wrongful death case. However, punitive damages are not a guaranteed remedy. Quite the opposite, they are only granted in a minority of wrongful death cases. Punitive damages are not intended to compensate the family for losses, but rather to punish the wrongdoer for especially egregious conduct and to deter similar actions in the future. In Florida, these damages are only awarded in wrongful death cases involving gross negligence or intentional misconduct. For example, punitive damages may be awarded after a deadly DUI crash.
Why Trust Our Kendall, FL Wrongful Death Attorneys for Your Wrongful Death Suit
Wrongful death cases are extremely challenging for families. During some of the most difficult experiences that you could ever be forced to endure, it is imperative that you have an experienced advocate on your side. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we put grieving families first. Our team is proactive. You can hear it directly from our clients. When you contact us, you will be connected with a Kendall, FL wrongful death attorney who is ready to:
- Conduct a free, comprehensive, and confidential review of your case;
- Investigate the fatal accident in Kendall—gathering evidence to prove liability;
- Handle wrongful death claims paperwork and represent you in settlement talks; and
- Develop a personalized wrongful death claims strategy focused on delivering justice.
Case Results Matter: We Deliver Results in Wrongful Death Claims in Kendall, FL and Miami, FL
If you lost a close family member to a bad accident, you need justice and accountability. Our case results show what we can do for clients in wrongful death cases. We fight hard to ensure that your family is able to secure the maximum compensation. Some results that we have achieved in wrongful death cases in Florida include:
- A $1 billion verdict for a smoker who died due to lung cancer (Phillips Morris case); and
- $10 million recovered for the family of a woman struck and killed by a tractor trailer;
- $6 million recovered for the family of a woman killed by a drunk driver; and
Wrongful Death Claims in Kendall: Frequently Asked Questions (FAQs)
Is a Wrongful Death a Criminal Case?
No. In Florida, a wrongful death claim is a civil legal matter. In other words, it is not, by itself, a criminal case. It allows surviving family members or the estate to seek monetary compensation for losses caused by another party’s negligence or misconduct. With that being said, a wrongful death can also lead to criminal charges separately—such as in cases involving a fatal drunk driving crash. A criminal charge or criminal trial could be relevant evidence in a wrongful death case in Florida.
How Do I Find the Best Kendall Wrongful Death Attorney?
The loss of a loved one to a fatal accident is an awful tragedy. You need a top-rated Kendall, FL wrongful death lawyer on your side. To find the best wrongful death attorney in Kendall, you should look for a lawyer with experience handling similar cases in Florida. You may want to check client reviews and ask about case results. Our Kendall wrongful death lawyers offer free case reviews.
How Do Survival Action Claims Work in Florida?
Beyond a wrongful death claim, families may also have a second type of legal cause of action called a survival action claim. Broadly speaking, a survival action lawsuit in Florida allows the estate of a deceased person to pursue a personal injury claim that the deceased could have filed if they had lived. To be clear, it is a type of claim separate from a wrongful death lawsuit. Through it, you can seek damages like medical bills, lost wages, and pain and suffering experienced before death. The recovery through a survival action claim goes to the estate and is distributed according to the decedent’s will or Florida’s intestacy laws.
Can Multiple Parties Be Sued for a Miami Wrongful Death Case?
Yes. Florida law allows for multiple parties to be named in a wrongful death lawsuit. If more than one person—or entity—contributed to the fatal accident/incident, they can and should all be held legally responsible. For example, both a negligent driver and the company they work for could be held liable in a fatal truck accident. Each party’s share of fault is evaluated, and damages can be divided based on their percentage of responsibility under Florida’s comparative negligence rules. Our Kendall, FL wrongful death lawyers can help you navigate these types of complex claims.
Will Our Wrongful Death Case of Our Loved One’s Death Go to Trial?
Probably not—but it is possible. Civil wrongful death trials are relatively unusual in Florida. The majority of cases are settled outside of court, sometimes before a lawsuit is ever actually filed at all. With that being said, if a fair settlement cannot be reached, your attorney may recommend going to court to pursue full compensation. The decision often depends on the strength of the evidence, the complexity of the case, and the willingness of the at-fault party or their insurer to settle.
Should We Accept a Wrongful Death Settlement?
Whether to accept a wrongful death settlement depends on the amount offered and the specific circumstances of your case. A fair settlement should cover all economic and non-economic losses, including future support and emotional suffering. Before agreeing to anything, it is imperative that you consult with an experienced Kendall, FL wrongful death lawyer. These are complicated cases and you need a top attorney on your side.
How are Wrongful Death Damages Split Between the Survivors in Florida?
In Florida, wrongful death damages are distributed according to each survivor’s individual loss. The court looks at factors such as the survivor’s relationship to the deceased, their level of financial dependence, and the emotional impact of the loss. For example, a spouse may receive compensation for lost companionship, while a child may receive damages for lost parental guidance. Here is the core mission of the court in Florida: Ensure that the distribution is equitable based on the specific facts of the wrongful death case.
Our Kendall Wrongful Death Lawyers Represent Families on Contingency
The cost of legal representation should never be something to worry about after a loved one’s fatal accident. The last thing you need is another bill that has to be paid. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we represent grieving families in Kendall on a contingency fee basis. Our Kendall and Miami wrongful death lawyer does not charge upfront costs, out-of-pocket fees, or any other type of hourly bills. We only collect a legal fee when you get paid. An initial consultation with our Kendall wrongful death attorney and Miami wrongful death attorney is free, confidential, and comes with no additional obligations.
Contact Our Kendall, FL Wrongful Death Attorney Today
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Kendall wrongful death lawyer is a skilled, compassionate advocate for justice. If your loved one was killed in an accident, our experienced wrongful death attorney can help receive the maximum compensation you need for any medical expenses, funeral expenses, and other expenses during this trying time. Contact us now for a free, completely confidential initial consultation towards a successful wrongful death lawsuit. Our experienced wrongful death lawyer represents grieving families in Kendall, Miami-Dade County, and throughout South Florida.