Obtained Over $1 Billion in Settlements & Trial Verdicts
Homestead, FL Personal Injury Lawyer
We Fight for the Rights of Injured Victims in Palmetto Bay, FL
Thousands of people die each year in Florida accidents, including workplace accidents, car wrecks, and slip and falls. They leave behind spouses, children, and parents to grieve and wonder what really happened.
No one imagines they will one day need to reach out to a Palmetto wrongful death lawyer. Nonetheless, family members often have important rights that allow them to hold someone accountable for the death in civil court. This is a wrongful death claim, and a Palmetto Bay accident death lawyer at Dolan Dobrinsky Rosenblum Bluestein, LLP, can discuss whether you can bring this type of claim. Call us today to speak with a wrongful death law firm near me.
Contact Us For A Free Consultation
Contact Dolan Dobrinsky Rosenblum Bluestein today
You Deserve Justice
If you believe that your family member was wrongfully killed, give us a call for a free consultation today!
Contact us to find out how we can help by calling (305) 371-2692.
Wrongful Death at a Glance
Florida law empowers certain family members to seek compensation when a death qualifies as wrongful. There are many examples of wrongful deaths:
- Distracted driving accidents
- Drunk driving accidents
- Truck accidents caused by tired truckers
- Defective products
- Hazardous premises claims
- Workplace accidents
- Medical malpractice leading to fatal injury
- Dog attacks
You can sue if someone’s negligence or wrongful act led to the death. Careless driving and negligent medical care are two primary reasons, although there are many other types of claims.
You can also sue if your loved one was killed in a violent attack, since that type of crime is considered “wrongful” under Florida’s statute. For example, an ex-boyfriend might have attacked your sister despite a restraining order, and you can seek wrongful death damages in that situation.
A Closer Look at Wrongful Death Cases
Please contact our firm if you lost a beloved family member in any type of accident. We can review whether someone is legally liable under the Florida Wrongful Death statute.
Wrongful Death Cases Based on Motor Vehicle Accidents
In 2022, Miami-Dade County experienced 306 fatal crashes, leading to 324 deaths. Most of these fatal accidents are caused by negligent or reckless conduct, such as:
- Driving too fast for conditions
- Failing to use mirrors
- Illegal lane changes
- Drunk driving
- Texting and driving
- Distracted driving
- Following too closely
- Failing to maintain a vehicle
- Driving while fatigued
Accidents involving commercial trucks like tractor-trailers can also get into wrecks due to:
- Improperly loaded freight
- Shoddy repairs
- Aging trucks and trailers
- Failing to properly supervise truckers
- Neglecting to perform required drug testing
- Missing background checks
Our Palmetto Bay wrongful death attorneys can carefully review the accident from all angles to uncover what caused the crash.
Wrongful Death Cases Based on Defective Products
Consumers rightly expect products to work as advertised when they purchase them. A washing machine shouldn’t explode in your face, and batteries shouldn’t catch on fire and cause burns. We have helped those who lost a family member in accidents involving:
- Motor vehicles with malfunctioning parts like brakes, steering columns, airbags, and seat belts.
- Appliances which electrocute the user or catch on fire.
- Toys, which can lead to choking when a child bites off a small part.
- Furniture which tips over, like a chest of drawers or bookcases, trapping small children.
- Clothing which catches on fire due to a failure to follow federal standards.
Any item in the stream of commerce could be defective, leading to fatal injuries. Please try to preserve the product so that your attorney can inspect it for defects.
Wrongful Death Cases at Work
Hundreds of people die on the job in Florida every single year. These deaths are tragedies. Often, an employer’s negligence is to blame, such as failure to follow safety regulations.
Wrongful death cases at work are complicated. Generally, you can’t sue an employer for the death (although there are exceptions). Instead, your Palmetto Bay wrongful death attorney will investigate whether we can hold someone else accountable. For example, a malfunctioning product at work could have led to an accident or occupational illness. Defective personal protective equipment (PPE) might be to blame.
In other situations, a member of the public is responsible for the death, and we can sue them. For example, your loved one might have died while traveling for work or been accidentally struck by a customer pulling out of the parking lot.
Wrongful Death Cases Based on Violent Attacks
Even Palmetto Bay is not immune to violence. People are jumped in parking lots, sidewalks, and sometimes even their own homes. Others are attacked in schools or in their apartment buildings. You can typically sue the attacker.
We might also bring a wrongful death claim against a business for negligent security. Hotels, motels, apartment complexes, and nightclubs (among others) must have sufficient security to reasonably protect patrons. Sufficient security could include a security guard, locks on doors and windows, adequate lighting, and security cameras.
The amount of security needed will depend on the history of crime in the area. Although Palmetto Bay does not have a high crime rate, some security is necessary. If lax security contributed to an attack, we can sue the business owner.
Why Our Wrongful Deaths Lawyers Are the Right Choice for You
Dolan Dobrinsky Rosenblum Bluestein (DDRB) is fully committed to helping clients bring successful wrongful death claims. We have broad experience in this field and have secured more than $1 billion in compensation for our clients injured in accidents. We have some of the best wrongful death lawyers in Palmetto Bay.
Anyone searching for an accident death lawyer should contact our firm to learn more about the services we provide:
- A dispassionate assessment of your legal rights. Losing a loved one is a heartbreaking experience. However, not all deaths are “wrongful” under the law. For example, your loved one might have caused the accident which killed him. Our lawyer will carefully sift through the facts to determine whether you can maintain a legal action and against whom.
- Detailed evidence collection and investigation. Few defendants will agree that they are responsible for the death. For this reason, you need a lawyer who can pinpoint what evidence is relevant and then seek to preserve it. Imagine your loved one died in a trucking accident. We can contact the trucking company and request preservation of electronic logs, employee records, and drug tests—all of which could prove relevant.
- Compassionate legal advice. Losing a loved one creates a void in your life. You need personalized, compassionate legal representation. We have helped our clients navigate opening a probate estate and work with family members to identify who should serve as the personal representative.
- A history of success. Our lawyers have obtained more than $1 billion for our personal injury clients. We have successfully brought wrongful death cases based on car accidents, medical malpractice, negligent security, and product defects. You are getting a top-tier law firm which has negotiated with most large Florida insurers. They know we mean business when they see us on the other side of the courtroom.
Anyone in South Florida searching for “wrongful death lawyers near me” should call our firm to schedule a meeting.
Steps in a Palmetto Bay Wrongful Death Claim
There is a process for bringing a wrongful death claim in Florida:
- Open an estate for the deceased in probate court.
- Appoint a personal representative to administer the estate.
- File a wrongful death claim on the defendant’s insurance policy.
- File a lawsuit in court before the statutory deadline.
Under Florida law, the personal representative has the legal authority to file the wrongful death claim on behalf of the family. This person is identified in the victim’s will or other estate planning document. If your loved one died intestate (meaning no will), then the probate court appoints someone, typically a close family member.
Specific deadlines apply to wrongful death cases. Generally, you must file the lawsuit within 2 years of the death. However, the personal representative will get more time if the death resulted from homicide or manslaughter. Still, you never want to go over the deadline because your ability to bring a claim will be lost forever.
How Long Will You Need to Wait for a Settlement?
Our firm has had success settling many wrongful death lawsuits. We can present a claim to the defendant’s insurer and argue that you deserve fair compensation for the wrongful death. Nonetheless, there are certain factors that can slow down any settlement. For our attorneys wrongful death cases can take a year or more to conclude.
These are common factors that delay settlement:
- Opening probate and finding an appropriate personal representative.
- Reviewing the autopsy or scheduling an alternate autopsy.
- Talking to witnesses who observed the incident which led to your loved one’s death.
- Reviewing all medical records to better understand the cause of death, as well as your loved one’s pain and suffering.
- Identifying all possible defendants and requesting that they preserve relevant evidence.
- Analyzing applicable insurance policies.
- Helping clients document their losses, such as lost services, financial support, and companionship.
- Negotiating a settlement with defendants.
- Filing a lawsuit in court based on the wrongful death.
- Participating in mediation and other alternative dispute resolution techniques.
- Arguing with the court about the proper forum for a wrongful death lawsuit, especially if the accident happened in a different state.
Our accidental death attorneys always keep our clients’ well-being at the forefront of all we do. We understand that this is a stressful time, and that you possibly need compensation. We do everything possible to settle a claim to your advantage as quickly as possible.
Palmetto Bay, Florida Wrongful Death Compensation
A major question many people have is what kind of compensation they are entitled to. The amount will depend on various facts of the case. For one, we can typically only obtain compensation if the defendant has some ability to pay. Some defendants might have no assets.
In many cases, we make a claim on the defendant’s insurance policy. A homeowner could have homeowner’s insurance, and a driver could have car insurance. Business defendants should also have liability coverage for any injuries caused on their premises or by their goods.
The law allows many family members to seek compensation for certain damages:
- Lost services provided by the deceased. These services include cleaning, cooking, household maintenance, transportation, childcare, and elder care. These services could be worth a considerable amount if you need to purchase them from other people.
- Lost income. An unexpected death can strain a family’s finances. If you lost a spouse or parent, your household could have lost thousands of dollars a year. Even parents or other family members could have received financial assistance from the deceased. Generally, the more income the deceased made, the more you might receive.
- Loss of companionship, advice, and support. Losing a beloved family member does more than cost a person financially. You also lose their presence and their emotional support, including care, guidance, love, and support. A young child who loses a parent has lost a valuable mentor, and a spouse has lost their intimate partner. These types of losses deserve compensation.
The estate can also seek compensation in a survival action for any expenses incurred from the date of the accident to your loved one’s death. These losses include medical bills and lost income. The estate can also seek funds for the deceased’s pain and suffering.
Is There a Maximum You Can Receive for a Palmetto Bay Wrongful Death?
Certain factors can reduce a family’s compensation in a claim. Here are the most significant.
- Ability to pay. As mentioned, the defendant might be “judgment proof”—in other words, they have few or no assets to pay a settlement or court award.
- Comparative fault. Your loved one might have negligently contributed to their fatal accident. Under Florida law, personal injury compensation is reduced by the victim’s degree of fault. For example, your loved one might have been struck crossing the intersection by a distracted driver, but she actually started across when the light told her not to. In this example, both your loved one and the driver share fault. A jury will allocate fault if the case goes to trial, or as the lawyers will do so as part of a settlement. The upshot is that if your loved one was 50% responsible, damages are reduced by 50%. If your loved one was 80% responsible, damages are reduced by 80%.
- Damage caps. Florida law caps damages at a certain amount for some personal injury cases. For example, if you sue the government for a loved one’s death, the maximum you can typically receive is $200,000. There are also caps to punitive damages, unless the defendant intentionally killed the deceased.
Our Results Are Impressive
DDRB has fought tirelessly for our clients over the past 25 years. Collectively, we have won more than $1 billion for our clients in wrongful death and personal injury cases. A small sampling of our results:
- $1 billion punitive damage verdict for a smoker who died from lung cancer against Philip Morris USA for fraud and conspiracy.
- $38 million for two boys blinded by medical negligence.
- $36 million for a smoker who died of lung cancer against Philip Morris USA.
- $9.8 million for a woman struck by a driver and rendered a quadriplegic.
- $4 million for the family of a 63-year-old man killed in an auto accident.
- $3.9 million for a woman murdered in her home due in part to a defect in her alarm system.
- $1.1 million for the death of an 84-year-old man with dementia who developed an infected pressure ulcer in a nursing home.
- Other confidential settlements for family members in wrongful death cases.
We have taken on some of the most powerful companies in the country and negotiated with Florida’s largest insurers. Let us review whether you have a valid wrongful death claim and help analyze how much compensation you might receive.
Wrongful Death Myths:
We hear many myths about wrongful death cases. Anyone searching for a wrongful death attorney near me should know the facts:
Myth #1: You need to prove the defendant guilty beyond a reasonable doubt. That’s not true. The reasonable doubt standard applies to criminal cases. The standard in civil cases is lower. You only need to show it’s likely the defendant was responsible.
Myth #2: You can settle a wrongful death claim without a lawyer. You can certainly try. But many people realize they don’t have time to comb through police reports or autopsy records. They also don’t know how to negotiate with insurance companies.
Myth #3: The prosecutor will file this lawsuit. As explained above, the personal representative does. Also, a death can be “wrongful” under the law without being criminal, so a prosecutor might not even be involved.
Myth #4: Any lawyer can help with a wrongful death claim. These cases are a type of personal injury lawsuit, so a criminal defense or divorce lawyer is not the best pick. There are unique wrinkles to wrongful death law. Your lawyer should be aware of them. Even among personal injury attorneys, wrongful death is its own unique specialty. If you are one of the many Palmetto Bay residents or any of the surrounding areas of Miami, our lawyers are at the ready to help you!
We Are Leaders in Our Community
The lawyers at Dolan Dobrinsky Rosenblum Bluestein have received some of the highest-profile awards in the legal industry. Our peers recognize our success in the courtroom, and our professionalism outside of it. Our success flows from our dedication to our clients and the impressive results we have obtained over the decades:
- One of our founders, Dan Dolan, has spent more than 25 years handling personal injury cases and has obtained more than $85 million for his clients. Dan is a past president of the Dade County Trial Lawyers Association, which is Florida’s largest trial lawyer organization. The Daily Business Review recognized Dan in 2021 as a Distinguished Leader thanks to his excellent representation of clients. A Peer Rated “AV Preeminent” attorney, Dan has enjoyed repeat recognition as a Super Lawyer by Super Lawyers® Magazine and was elected to the prestigious American Board of Trial Advocates.
- Founding partner Manuel L. Dobrinsky has built a leading practice in personal injury since 1998 and has enjoyed widespread recognition and awards in the legal industry. His ample trial experience began while working as an Assistant Federal Public Defender, and this trial experience has helped him obtain millions on behalf of clients when he moved over to personal injury law. Mr. Dobrinsky has been recognized as a Best Lawyers in America and is a member of the American Board of Trial Advocates. He has also served on the Professionalism Panel of the Eleventh Judicial Circuit.
- Partner Randy Rosenblum made headlines when he won a billion-dollar punitive damage verdict against Philip Morris USA in 2022 and is one of the most recognized civil attorneys in the state. He has enjoyed recognition from Best Lawyers in America® and received the “Lawyer of the Year” for Product Liability Litigation-Plaintiffs in 2023. Randy also serves as an instructor for the National Institute of Trial Advocacy, where he helps train other attorneys in litigation strategies.
- Our most recent partner, Eric Bluestein, joined the firm in 2020 but has already carved out a niche as one of the most talented trial attorneys in the state. His skills have landed him on the list of Best Lawyers in America®, Commercial Litigation, for 2022-2023, Florida Super Lawyers®, Top Rated Personal Injury Attorney for 2021-2022, and a South Florida Up & Comer.
Despite the awards, the legal team at DDRB remains as approachable as any small town lawyer. We are eager to meet people who have lost someone in a tragic accident. We maintain an open door policy to the public. Please call us if you believe your loved one died wrongfully in a Palmetto Bay accident.
Find a Death Attorney Near Me
If a loved one has perished, please call Dolan Dobrinsky Rosenblum Bluestein today. We can talk about the accident and help you analyze whether this is a legal claim you can bring. We can also discuss how much compensation you might qualify for.
We receive many questions about how to find wrongful death lawsuit lawyers near me, and we will gladly answer any questions you have in a free consultation.