Hialeah Wrongful Death Attorney

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 Property and Accident Attorneys, 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 Property and Accident Attorneys today, and let us walk this path to justice together with you.

What Exactly is a “Wrongful Death” Lawsuit in Hialeah, Florida?

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.

What Are Examples of Wrongful Death in Florida?

  • Car Crashes: Tragically, car accidents can result in devastating losses, especially when caused by negligent drivers. Families in Hialeah, Florida, have experienced profound grief due to reckless driving behaviors. Our firm stands by these families, securing substantial settlements to provide financial stability and justice for their loved ones’ untimely deaths.
  • Accidents Involving Semi-Trucks: Because of the size and weight of commercial vehicles, accidents involving trucks and 18-wheelers are often catastrophic and in many cases lead to fatalities.
  • Motorcycle Crashes: Because motorcycle riders are so vulnerable, accidents involving motorcycles result in a staggering number of fatalities every year.
  • Nursing Home Abuse and Neglect: The safety and well-being of elderly residents in nursing homes should be paramount. Unfortunately, cases of neglect and abuse can lead to tragic and preventable deaths. Families affected by such egregious acts of mistreatment deserve justice. Florida Statutes §400.023 mandates accountability for nursing homes against wrongful death due to neglect or abuse. This statute empowers families to pursue legal action when their loved ones suffer harm in these facilities.
  • Defective Products: In cases involving defective products, tragedies can unfold due to malfunctions, design flaws, or inadequate warnings. Families who lose loved ones to these incidents deserve justice. Our team understands the complexities of these cases and has successfully secured significant settlements to aid families in coping with their loss.
  • Workplace Accidents: When workplace safety protocols are overlooked or inadequate, fatal accidents can occur, leaving families devastated. We advocate for families affected by such tragedies, holding employers accountable for their negligence. Our track record of securing substantial settlements ensures financial stability for grieving families.
  • Pedestrian Accidents and Bicycle Accidents: Pedestrians and bicyclists are vulnerable on the streets, especially when drivers fail to uphold their duty of care. Tragic accidents involving pedestrians can result in an overwhelming loss for families. Our team is dedicated to fighting for justice in these cases, providing the necessary support and guidance to navigate the legal process.

To learn more about how wrongful and accidental accidents occur contact a Hialeah wrongful death lawyer at Schilling & Silvers Property and Accident Attorneys. We are never too busy to answer any questions you may have.

Is There a Time Limit to File a Wrongful Death Lawsuit in Hialeah, Florida?

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.

Do Wrongful or Accidental Deaths Happen Often?

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:

  • Unintentional injury deaths totaled 224,935, with a rate of 67.8 deaths per 100,000 population, ranking fourth in cause of death (CDC).
  • Motor vehicle traffic deaths accounted for 45,404 fatalities nationwide, with Miami-Dade County recording an age-adjusted rate of 12.2 deaths per 100,000 population in 2022.
  • Unintentional falls claimed 44,686 lives, while unintentional poisonings resulted in 102,001 deaths.

Motor Vehicle Fatalities in Miami-Dade County, Florida:

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 Property and Accident Attorneys is here to offer guidance and representation.

Notable Statistics and Resources

  • Motor Vehicle Fatalities in Miami-Dade County
  • In 2022, Miami-Dade County had an age-adjusted rate of 12.2 deaths per 100,000 population from motor vehicle crashes

What Are the Elements of a Wrongful Death Lawsuit and How Do I Know if I Have a Case?

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:

  1. Loss Due to Negligence: A wrongful death occurs when someone dies due to the negligent or harmful actions of another person. This negligence can take many forms, from car accidents caused by reckless driving to medical malpractice resulting from substandard care.
  2. Demonstrable Suffering: The victim’s family must demonstrate the tangible impacts of the loss. This includes financial hardships, loss of companionship, mental anguish, and other profound effects on their lives.
  3. Qualified Representation: Under Florida law, the personal representative of the victim’s estate is responsible for filing the wrongful death lawsuit. This representative acts on behalf of the estate and surviving family members, including spouses, children, and parents.

Understanding the Legal Framework

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.

Who Can File a Wrongful Death Lawsuit in Hialeah, Florida?

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:

  • Spouse: The surviving spouse of the deceased can seek compensation for various losses, including emotional trauma and loss of companionship.
  • Children: Minor children, defined as those under the age of 25 in Florida, are entitled to higher damages than adult children. They may receive compensation for lost guidance, support, and emotional suffering.
  • Parents: Parents of the deceased, particularly in cases involving a minor, may seek damages for the loss of their child’s companionship, care, and emotional support.

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 Property and Accident Attorneys to learn more about Florida laws in relation to these claims.

Types of Evidence and What You Need To Prove in a Hialeah Wrongful Death Claim

To establish a solid wrongful death claim in Hialeah, Florida, substantial evidence is essential. Here are some key types of evidence commonly used:

  1. Medical Records: Detailed medical records outlining the victim’s injuries, treatments, and the progression of their condition can provide crucial insight into the cause of death.
  2. Expert Opinions: Testimony from medical specialists, accident reconstruction experts, or other specialists and experts can help clarify complex medical issues or accident scenarios.
  3. Accident and Police Reports: Official reports from the accident scene or investigations from the Hialeah police department often contain valuable information about the circumstances leading to the fatal incident.
  4. Witness Statements: Eyewitness accounts and statements from individuals present at the scene can provide firsthand details crucial to understanding what transpired.
  5. Photographs and Videos: Visual evidence such as photographs of the accident scene or video footage can help recreate the events and demonstrate liability.

Who Gets The Money in a Hialeah Wrongful Death Lawsuit?

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.

Types of Compensation and Support

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:

  • Financial Support: Loss of income, financial contributions, and benefits that the deceased provided to their family members.
  • Emotional Support: The emotional care, guidance, and companionship that the deceased offered to their loved ones.
  • Instructional Support: The educational guidance, mentorship, and nurturing that the deceased provided to their dependents.
  • Other Forms of Support: Any other forms of tangible or intangible support that the deceased would have provided if they were alive.

Inclusion of Non-Traditional Family Members

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 and Your Rights

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.

What Damages Are Available in a Wrongful Death Claim in Hialeah?

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:

Decedent’s Losses:

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 Family Losses:

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.

Non-Economic Family Losses:

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.

Punitive Damages:

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.

Are There Wrongful Death Damage Caps in Florida?

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.

Florida’s Historical Limits

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.

Claims Against Government Entities

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.

Punitive Damages Cap

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.

Hialeah, Florida

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.

Wrongful Death Law Firm in Hialeah, Florida

With a deep commitment to justice and compassion, Schilling & Silvers Property and Accident Attorneys 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 Property and Accident Attorneys 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.