The profound grief of losing a cherished family member in Hialeah, Florida, can be unbearable, especially if your loved one died as a result of another person’s negligence. At Schilling & Silvers Personal Injury & Car Accident Lawyers, our team of dedicated Hialeah wrongful death lawyers stands by your side during these difficult times, offering compassionate support and steadfast legal guidance.
Dealing with the aftermath of a wrongful death can seem overwhelming, both emotionally and legally. We are here to be your advocates, ensuring your loved one’s voice is heard and justice is served.
If you’re facing the consequences of a wrongful death in Hialeah, let us be your beacon of hope. Our consultations are free, confidential, and aimed at providing clarity as you navigate this challenging journey. Contact a skilled wrongful death attorney in Hialeah, Florida, at Schilling & Silvers Personal Injury & Car Accident Lawyers today, and let us walk this path to justice together with you.
The loss of a beloved family member due to someone else’s negligence can leave a profound impact, both emotionally and financially. If you are grappling with such a tragic loss in Hialeah, Florida, understanding the Florida Wrongful Death Statute is crucial.
In Hialeah, a wrongful death lawsuit emerges when the negligent, reckless, or deliberate actions of another party result in the untimely passing of an individual. This legal recourse empowers surviving family members to seek recompense for the damages incurred due to the loss of their loved one.
The Florida Wrongful Death Act grants the estate of the deceased the legal authority to initiate a lawsuit on behalf of the surviving family members.
The personal representative, appointed by the court, holds the ability to pursue a case against the responsible party. This could be an individual whose actions, whether through wrongful acts, negligence, default, breach of contract, or breach of warranty, ultimately led to the tragic loss of life.
For immediate legal assistance from a Hialeah wrongful death lawyer contact our legal team today. We can help you understand your rights and your legal options.
To learn more about how wrongful and accidental accidents occur contact a Hialeah wrongful death lawyer at Schilling & Silvers Personal Injury & Car Accident Lawyers. We are never too busy to answer any questions you may have.
It is crucial to understand the Florida personal injury statute of limitations and recoverable damages for wrongful death cases in Florida, as they can impact the ability to file a successful lawsuit. This is where a Hialeah wrongful death attorney can make the difference.
In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death (Fla. Stat. § 95.11(4)(d)). Exceptions exist for circumstances such as the decedent being a minor or delays in discovering the cause of death. Additionally, this timeframe could be shorter if an active insurance claim is being processed for the same incident, underscoring the need for prompt legal consultation.
As experienced wrongful death attorneys in Hialeah, Florida, our legal team knows that understanding the prevalence of accidental injuries and wrongful deaths is crucial in recognizing the need for legal recourse. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries account for a substantial number of fatalities nationwide, including wrongful deaths. Here are some telling statistics:
Motor vehicle accidents pose a significant risk to residents of Miami-Dade County. Despite advancements in safety measures, thousands are injured or killed each year in crashes. In 2022, the age-adjusted rate of deaths from motor vehicle crashes in Miami-Dade County was 12.2 per 100,000 population, compared to the statewide rate of 15.8
These staggering numbers underscore the urgency of seeking justice and support for families impacted by wrongful deaths. For those in Hialeah facing such tragedies, the experienced legal team of Hialeah wrongful death attorneys at Schilling & Silvers Personal Injury & Car Accident Lawyers is here to offer guidance and representation.
In the wake of a tragic loss, families often seek justice through a wrongful death lawsuit. In Florida, establishing the viability of such a claim involves proving several essential elements:
Florida Statute 768.17, known as Florida’s Wrongful Death Act, lays out the legal principles guiding these cases. This statute reflects the state’s commitment to shifting the burden of losses resulting from wrongful death from survivors to the wrongdoer.
Contact an experienced Hialeah personal injury lawyer at our law firm today to learn more about if you have a case or not. We offer free consultations.
In the aftermath of a devastating loss, understanding who can pursue a wrongful death claim in Hialeah, Florida, is crucial. Here’s an overview of the eligible parties:
The Personal Representative: A wrongful death lawsuit is initiated by the personal representative of the deceased’s estate. This representative may be designated in the deceased’s estate plan or appointed by the court. They act on behalf of the estate and the surviving family members who are suffering due to the loss, both emotionally and financially.
Immediate Family Members: The following family members are often eligible to be included in the lawsuit:
Dependent Relatives: Other relatives who were financially dependent on the deceased may also be eligible for compensation. This includes blood relatives, adoptive siblings, and others who relied on the deceased for support.
Wrongful and accident claims can be complicated. Reach out to a Hialeah wrongful death attorney at Schilling & Silvers Personal Injury & Car Accident Lawyers to learn more about Florida laws in relation to these claims.
To establish a solid wrongful death claim in Hialeah, Florida, substantial evidence is essential. Here are some key types of evidence commonly used:
In wrongful death cases in Hialeah, Florida, the distribution of compensation among surviving family members follows a precise legal standard, as outlined in Florida § 768.21. This statute ensures that damages are allocated fairly and justly among those impacted by the loss.
Surviving family members may be entitled to recover compensation for various types of “lost support and services” resulting from the wrongful death. These forms of support can include:
It’s important to note that in certain cases, non-traditional family members may also be eligible to receive wrongful death benefits. This could include estranged children, non-related legal dependents, or individuals who relied on the deceased for support and services. However, these parties may fall lower in the beneficiary priority order.
Florida § 768.21 governs the distribution of compensation in wrongful death cases, protecting the rights of surviving family members. If you believe you are entitled to wrongful death benefits or have questions about the legal process, our wrongful death lawyers in Hialeah, Florida, are here to provide guidance and support.
In Hialeah, Florida, wrongful death lawsuits are brought under the Florida Wrongful Death Act by the personal representative of the deceased’s estate. This legal action is pursued on behalf of the surviving family members who were dependent on the victim’s support and companionship.
Damages awarded in wrongful death cases serve as compensation for various aspects, including:
These encompass the suffering and losses endured by the victim from the time of injury until their passing. This could involve extensive medical treatment, surgeries, hospital stays, lost wages, and the physical and emotional pain endured before succumbing to their injuries.
Economic losses are quantifiable expenses that the family would have otherwise received from the deceased. This includes the victim’s income, including wages, bonuses, and benefits up until the anticipated date of retirement. Additionally, the family may be compensated for the value of services the victim provided, such as childcare, home maintenance, transportation, and more. The estate can also seek reimbursement for accident-related medical bills, funeral costs, and burial expenses.
These losses, often referred to as pain and suffering, are intangible losses that do not have a precise monetary value. This category recognizes the emotional toll on family members due to the loss of companionship, guidance, and protection provided by the deceased. Spouses and children may receive damages for the loss of consortium, representing the deprivation of the deceased’s love, support, and companionship for the remainder of their lives.
The law also acknowledges the profound grief and emotional suffering experienced by parents who have lost a child.
In cases involving extreme negligence or reckless behavior by the at-fault party, survivors may be eligible for punitive damages. These damages, determined by a jury, are intended to punish the responsible party and discourage similar conduct in the future.
A damages cap in a wrongful death case refers to the maximum amount of compensation that can be awarded to the surviving family members or dependents of the deceased. These caps are designed to establish a limit on the total monetary recovery, often sparking debate due to their impact on justice and fairness.
In the past, Florida imposed caps on non-economic damages in wrongful death cases related to medical malpractice, restricting them to $1,000,000. However, a significant legal shift occurred in 2014. The Florida Supreme Court, in the case of the Estate of McCall v. United States, declared these caps unconstitutional under the state’s Equal Protection clause.
Despite the removal of caps on non-economic damages, survivors pursuing wrongful death claims against government entities in Florida face a separate limit. The state law currently sets the cap at $200,000 for such cases. Importantly, this cap was not only upheld by the Florida Supreme Court but clarified in Barnett v. State Department of Financial Services to apply to the total event leading to the death or injury, not per individual.
Under Florida law, there exists a cap on punitive damages, calculated as the greater of either three times the compensatory damages awarded or $500,000. This means that if a family is awarded $300,000 in compensatory damages for the wrongful death of a loved one, they can seek punitive damages of up to $900,000 before reaching the cap.
Losing a loved one in Hialeah, Florida, is an emotional journey, often leaving us in a state of bewildering numbness. If you find yourself grappling with the overwhelming loss of a family member or friend, know that you’re not alone.
During these difficult times, seeking support is crucial. Organizations like Florida Counseling For All offer specialized grief counseling services. This resource aims to provide a comforting space for processing emotions and finding solace in the community.
With a deep commitment to justice and compassion, Schilling & Silvers Personal Injury & Car Accident Lawyers in Hialeah stand as stalwart advocates for those who have suffered the loss of a loved one due to negligence or wrongful acts. Our experienced wrongful death lawyer in Hialeah, Florida, understand the profound impact these tragedies have on families, and we are dedicated to providing unwavering support and legal guidance. With a track record of successfully representing clients in Hialeah and throughout Florida, we strive to honor the memories of those lost by seeking justice and fair compensation for their families.
You can rely on Schilling & Silvers Personal Injury & Car Accident Lawyers to navigate the complexities of wrongful death cases with integrity, empathy, and a steadfast commitment to achieving the best possible outcome for our clients.
Locations near Hialeah our skilled legal team serves include Fort Lauderdale, Pompano Beach, Hollywood, Miami-Lakes, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
