We Fight for the Rights of Grieving Families in Key Biscayne
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne wrongful death attorney is a compassionate, experienced, and solutions-focused advocate for grieving families. The loss of a loved one is a terrible tragedy. You need a top attorney on your side. We have recovered more than $1 billion on behalf of victims and their families. If your family member was killed due to negligence or another wrongful act, we are here to help. Contact us today for a free, completely confidential consultation with a top-tier Key Biscayne wrongful death lawyer and Miami wrongful death lawyer to discuss a wrongful death suit.
An Overview of Wrongful Death Liability in Florida
Losing a loved one is one of life’s most painful experiences—especially when their death could have been prevented with the proper safety precautions. In Florida, wrongful death laws exist to provide families a path to accountability and justice. A wrongful death claim may be filed when someone loses their life due to another party’s negligence, recklessness, or intentional act. A number of different types of accidents could give rise to a wrongful death lawsuit in Key Biscayne, including:
- Car accidents;
- Truck accidents;
- Motorcycle crashes;
- Pedestrian collisions;
- Bicycle accidents;
- Accidents on property;
- Workplace incidents;
- Medical malpractice; and
- Dangerous and defective products.
Florida’s Wrongful Death Act allows the survivors to seek compensation for the financial and emotional impact of their loss. Under Florida Statutes § 768.21, the family has the right to seek damages for economic losses and non-economic losses through a wrongful death claim. While no legal action can truly make a family whole again, a wrongful death claim offers an opportunity to hold the responsible party accountable and secure the resources families need to move forward.
Understanding Who Can File a Wrongful Death Lawsuit in Florida With an Experienced Wrongful Death Attorney
A fatal accident can impact an enormous number of people. Indeed, an entire community can feel the terrible effects. At the same time, Florida’s wrongful death laws do not allow all people who had a relationship with the victim to file a claim. In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This personal representative may be named in the decedent’s will or he or she appointed by the court. While the personal representative initiates the legal action, the claim is brought on behalf of surviving family members.
Survivors eligible to recover compensation typically include the decedent’s spouse, children, and parents. In some cases, other relatives who were financially dependent on the deceased may also be eligible. Of course, every family’s situation is unique. A compassionate and experienced Key Biscayne wrongful death attorney can help ensure that all eligible survivors are considered and that the legal process is handled with the care and sensitivity it deserves.
Know the Deadline: Wrongful Death Statute of Limitations
As with other types of legal claims, wrongful death lawsuits are time-sensitive. Under Florida law (Florida Statutes § 95.11), there is a two-year statute of limitations for wrongful death cases. To be clear, the deadline is strictly enforced—and that means that if a claim is not filed within that time, families may lose their right to seek justice and compensation through the courts.
While taking legal action might feel overwhelming during a time of grief, it is important to be mindful of this deadline. Starting the process early allows for a more thorough investigation and helps preserve crucial evidence. Do not fall behind in the claims process: Consult with a top Key Biscayne, FL wrongful death lawyer right away after your loved one’s tragic fatal accident.
What to Know About Wrongful Death Damages in Key Biscayne With an Experienced Wrongful Death Lawyer
The loss of a close family member is a horrible tragedy. There is no amount of financial compensation that could truly be enough to make things right. At the same time, grieving families need justice and the maximum available support. The primary remedy available through a wrongful death lawsuit in Florida in financial compensation. Through a civil wrongful death claim in Key Biscayne, financial compensation may be sought for:
- Economic Damages: Economic damages are meant to compensate surviving family members for the tangible financial losses caused by a loved one’s wrongful death. Economic damages may include lost income and benefits the deceased would have earned, funeral expenses, burial expenses, and medical expenses related to the final injury or illness. For families who rely on the deceased for financial support, these damages are critical to maintaining stability. Calculating economic losses often involves expert analysis to estimate future earnings and benefits after paying funeral and burial expenses. Our Key Biscayne wrongful death lawyer can help work with the surviving spouse to help with the mental pain once the wrongful death occurs.
- Non-Economic Damages: The pain and trauma that comes with losing a close loved one is fundamentally not economic. Non-economic damages make up the core of the horrible suffering that you and your family endured. Non-economic damages address the emotional pain and intangible losses that come with losing someone you love. While they are more difficult to measure in dollars, they are no less real. In a wrongful death claim, family members in Key Biscayne may be entitled to compensation for loss of companionship, guidance, and emotional support. Our Key Biscayne, FL wrongful death lawyer can help you seek the maximum compensation for non-economic damages.
- Punitive Damages: Punitive damages are not awarded in every wrongful death case. Instead, they are reserved for situations where the at-fault party’s actions were especially egregious—such as cases involving gross negligence or intentional misconduct. For example, punitive damages could potentially be recovered against a manufacturer that knowingly and willfully failed to correct a dangerous flaw in a product. If you have any questions about punitive damages, our Key Biscayne wrongful death attorney can help.
Why Families Trust Our Key Biscayne Wrongful Death Attorney and Miami Wrongful Death Attorney
Navigating a wrongful death case is not easy. There are many legal—and emotional—complexities. It is imperative that you have strong and reliable legal representation on your side when it matters the most. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we are prepared to put grieving families first. You can hear it directly in the testimonials from our former clients. We are proactive and devoted to personalized advocacy. Our team knows how much your case matters. When you reach out to us, you will have a chance to consult with a Key Biscayne wrongful death lawyer who can:
- Hear what you have to say and answer questions about wrongful death claims;
- Investigate your loved one’s fatal accident—gathering evidence to prove liability;
- Handle all of the wrongful death claims legal paperwork;
- Represent your family in any settlement negotiations with insurers; and
- Develop a comprehensive strategy focused on securing the best possible outcome.
We Deliver Results in Wrongful Death Cases in Key Biscayne, FL
We know that there is nothing that could ever truly be enough to make things right after a family member’s fatal accident. At the same time, our firm also knows that your family needs justice and the maximum available financial support. We are here to take care of all of your legal needs while you focus on the healing process. Our case resultsshow what we can do for grieving families in wrongful death cases. For example, in one successful wrongful death lawsuit, we obtained a $1 billion verdict against Philip Morris USA Inc. for a smoker who developed lung cancer and died as a result. Our firm also has a history of seven and eight-figure verdicts and settlements in a wide range of other wrongful death cases under Florida’s wrongful death statute.
Wrongful Death Lawsuits in Key Biscayne: Frequently Asked Questions (FAQs)
When Should I Speak to a Key Biscayne Wrongful Death Attorney?
The sooner, the better. If you believe your loved one’s death was caused by negligence or any other type of intentional or unintentional misconduct, it is important to speak to a Key Biscayne wrongful death attorney as soon as possible. Professional guidance and support can make a big difference. An attorney can protect your family’s rights and your interests.
What Traits Should I Look for in a Key Biscayne Wrongful Death Lawyer?
You need a Key Biscayne wrongful death attorney who is skilled, knowledgeable, experienced, compassionate, and who is prepared to invest time and resources into your family’s case. The reality is that wrongful death cases are emotionally complex—and you need someone who will treat your family with care while aggressively pursuing justice. Our top-rated Key Biscayne wrongful death lawyers provide free, no obligation initial consultations to help you get started.
Do Wrongful Death Cases Involve Criminal Charges?
Not always, but they can. A wrongful death claim is a civil matter—and that means that it is separate from any criminal charges. It can be filed even if no criminal charges are brought, or if the accused is acquitted in criminal court. Civil claims focus on financial accountability. Notably, the standard of proof is lower than in criminal cases.
Can Multiple Parties Be Sued for a Wrongful Death After a Fatal Accident?
Yes. It is absolutely possible to sue multiple different parties for wrongful death in Florida. For example, following a fatal truck accident in Key Biscayne, both a negligent driver and their employer (the truck company) could be held liable. A thorough investigation will identify all responsible parties. Justice matters.
What is a Survival Action Claim and How Does it Relate to a Wrongful Death Claim?
A survival action is a legal claim for the damages the deceased could have pursued had they survived the incident—such as pain and suffering, lost wages, or medical bills. It is separate from a wrongful death claim. Wrongful death lawsuits are designed to compensate the surviving family members. In Florida, both claims can be filed together by the estate’s personal representative. It is important to know that your family may have both a survival action lawsuit and a wrongful death lawsuit. You do not have to select between one claim or the other in Florida.
Are there Any Exceptions to the Wrongful Death Statute of Limitations in Florida?
Yes—but they are quite limited. In general, Florida law gives families two years from the date of death to file a wrongful death claim. However, there are a few exceptions. For example, if the death was caused by medical malpractice, or if the facts of the death were initially concealed (fraud), the timeline may be extended. A Key Biscayne wrongful death attorney can help you determine whether or not any exception applies in your case. It is always best to get started with a case right away.
How Long Do Wrongful Death Cases Typically Take to Resolve in Key Biscayne According to Florida’s Wrongful Death Act?
It depends. Every wrongful death case is unique—and the timeline can vary widely. Some claims may settle in a matter of months—especially when liability is clear. Other wrongful death cases can take a year or more. These are high stakes legal matters. You do not want to be pressured into rushing through the legal process. An experienced Key Biscayne wrongful death lawyer can help.
Our Law Firm Handles Wrongful Death Cases in Key Biscayne On a Contingency Fee Basis
If you lost a close family member to a fatal accident, the last thing you need to worry about is another bill that has to be paid. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we handle wrongful death claims and wrongful death lawsuits in Key Biscayne on a contingency fee basis. In other words, there are no upfront costs and no hourly bills. What happens if you do not get paid? We will not charge any legal fees. That is how confident our team is in our approach. Your initial consultation with our Key Biscayne wrongful death lawyer is free and completely confidential.
Contact Our Key Biscayne Wrongful Death Attorney Today for a Free Consultation
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne wrongful death lawyer is standing by, ready to protect your families rights. If you or your loved one was killed due to negligence, please do not hesitate to contact us today for a free, fully confidential initial consultation. We represent grieving families in Key Biscayne and throughout all of Miami-Dade County.