Coral Gables Wrongful Death Attorney
Losing a loved one unexpectedly can feel like a waking nightmare. The grief can leave you paralyzed while the financial losses pile up, leaving you unsure of where to turn for help. At Freedland Harwin Valori Gander, our Coral Gables personal injury and medical malpractice lawyers know we can’t undo what has happened. However, we can fight for fair compensation and give your family the justice and closure you deserve.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
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Table of Contents
- The Difference Between Wrongful Death Claims and Criminal Charges
- Why Hire a Coral Gables Wrongful Death Attorney to Assist You With a Claim?
- Our Wrongful Death Verdicts and Settlements
- Who Can File Wrongful Death Claims in Coral Gables, FL?
- How Are Wrongful Death Claims Valued in Coral Gables?
- Common Wrongful Death Claims in Coral Gables, FL
- Talk to a Coral Gables Wrongful Death Attorney to Learn More
A wrongful death occurs when someone else’s negligent, reckless, or intentional behavior results in a death. Miami-Dade County recorded nearly 1,000 deaths from unintentional injuries in 2022.
Wrongful deaths are never just numbers to us at Freedland Harwin Valori Gander. They involve real people and families torn apart by preventable tragedies and tragic losses.
The Difference Between Wrongful Death Claims and Criminal Charges
It’s easy to confuse the distinction between wrongful death claims and criminal charges. Both legal processes seek justice, but they operate under different bodies of law and result in different consequences.
Civil Lawsuits
Wrongful death claims are pursued in civil court. They are filed by the deceased’s estate or by their family members. These claims are filed against the negligent party responsible for the wrongful death. The primary goal of a Coral Gables wrongful death attorney is to recover damages for the survivors. In Coral Gables, wrongful death claims are governed by the Florida Wrongful Death Act, found in the Florida Statutes. There are two key differences in civil cases worth noting:
Burden of Proof: In civil cases, the burden of proof is “preponderance of the evidence,” meaning it is more likely than not that the defendant’s actions caused the death. This standard sets a lower bar than the standard in criminal cases.
Damages: Successful Coral Gables wrongful death claims result in monetary compensation to the victim’s family. This compensation acknowledges the financial and emotional impact of the loss. These damages can include the following:
- Medical expenses
- Funeral costs
- Lost income and support
- Loss of companionship
- Grief and suffering
Criminal Prosecution
Criminal charges are pursued by the state or federal government against an individual accused of causing death through illegal actions. These cases focus on punishment rather than compensation. Florida’s Criminal Code governs criminal charges in the Sunshine State.
Two key differences in criminal lawsuits are:
Burden of Proof: The burden of proof in these cases is “beyond a reasonable doubt.” This standard is much higher than the one used in civil cases.
Outcome: A conviction may result in imprisonment, fines, or other penalties. However, it typically does not directly result in compensation to the victim’s family. Restitution may be awarded to the victim’s family, but that is generally much less than the damages recoverable in a civil lawsuit.
Understanding the legal options available is crucial for families seeking justice for their loved ones. Our Coral Gables wrongful death lawyers focus on securing compensation for your family’s loss, which can provide closure and financial stability for survivors.
Why Hire a Coral Gables Wrongful Death Attorney to Assist You With a Claim?
Losing your loved one to a sudden and preventable accident is an incredibly painful experience. Navigating the complex legal system during such a challenging time can feel overwhelming. This is where our wrongful death attorneys can be invaluable.
Specifically, our skilled and experienced wrongful death attorneys can do the following:
- Evaluate your case, identify the responsible parties, determine the applicable insurance coverage, and develop the best strategy to pursue compensation.
- Conduct an in-depth investigation, gathering and analyzing evidence to build a compelling case.
- Consult medical experts, financial analysts, and accident reconstructionists to bolster your claim.
- Handle your legal claim and file all the paperwork in a timely manner.
- Offer compassionate support by understanding your emotional state and making the entire process as simple as possible.
- Negotiate a settlement with insurance companies to secure the compensation you deserve you deserve.
- Try your case before a judge and jury.
Our local attorneys are also familiar with the judges and courts in and around Coral Gables. This insight is invaluable should your claim proceed to court. In fact, one of the named partners, Deborah Gander, is the former president of the Miami-Dade Chapter of ABOTA, a nationally recognized organization of the best trial lawyers in the country.
We have handled numerous cases against some of the largest hospitals in the area, including but not limited to;
- Baptist Hospital
- South Miami Hospital
- Mercy Hospital
- Palmetto General
- Hialeah Hospital and many others.
Additionally, we have numerous staff members who are fluent in Spanish and can assist clients whose primary language is Spanish.
It is important to know that one of our partners, Daniel Harwin, began his legal practice in Coral Gables, defending hospitals and physicians in medical malpractice claims. This provided him valuable insight into how insurance companies defend cases and the important pressure points that achieve successful settlements.
FHVG's Coral Gables Wrongful Death Attorneys Can Help
Our lawyers’ familiarity with the Coral Gables judicial system provides a significant advantage. Knowing the local judges, courts, and legal nuances allows us to navigate the wrongful death process more smoothly while anticipating potential challenges.
Each jurisdiction has its own rules. Our local knowledge and decades of experience ensure compliance and efficiency. We understand each judge’s preferences and tendencies. This knowledge influences our case strategy to put our best foot forward throughout your claim.
For example, in Florida, the statute of limitations, or deadline, for wrongful death claims is only two years from the date of death. However, exceptions exist in certain situations. Our lawyers can meet with you during a free, confidential consultation and determine whether exceptions apply, how long you have to file your claim, and eligible damage awards.
The accomplished attorneys at FHVG are passionate and aggressive, with the resources and fortitude to take on the biggest corporations on clients’ behalf. In addition, many of our attorneys have experience defending wrongful death cases on the other side of the aisle, giving us a unique perspective when fighting for our clients.
We care about every client and treat them like family, with personalized attention and open communication. Clients benefit from direct access to a partner in the firm and the collective experiences of the entire legal team.
FHVG has a proven track record of securing significant settlements and verdicts recovered for our clients. These results are a testament to our experience, hard work, and compassionate approach.
Our Wrongful Death Verdicts and Settlements
- $24.5 Million – Jury verdict for the estate of a 34-year-old woman who bled to death during childbirth.
- $20.2 Million – Jury verdict on behalf of the family of a 54-year-old man who died in the hospital due to narcotic overdose and lack of monitoring.
- $12.2 Million – Settlement on behalf of the family of a 47-year-old woman whose death resulted from the use of a dangerous pharmaceutical drug.
- $9 Million – Settlement in a wrongful death brought by a widow after her husband was killed by a distracted truck driver.
Who Can File Wrongful Death Claims in Coral Gables, FL?
Only the decedent’s estate representative is eligible to file a Coral Gables wrongful death claim. However, under Florida law, the following parties are eligible to collect damages from a wrongful death claim:
- The surviving spouse
- Minor children of the deceased
- Parents of a deceased minor child
These three parties are automatically considered survivors by Coral Gable courts and can receive damages from the claim. In certain circumstances, adult children of the deceased, parents of an adult child, and dependent relatives may also be eligible to collect damages.
However, Unfortunately, Florida’s so-called Free Kill Law severely essentially limits the ability of certain family members to bring medical malpractice wrongful death claims in certain scenarios, including parents who lose an adult child and adult children who lose a parent. While the law doesn’t bar those family members from recovering all damages, it restricts the types of damages recoverable, thus making it impractical to pursue a wrongful death action.
How Are Wrongful Death Claims Valued in Coral Gables?
Navigating a loved one’s wrongful death claim involves emotional recovery and the task of understanding and seeking justice through the legal system. A critical aspect of this process is understanding how courts value Coral Gables wrongful death claims. One of our goals at FHVG is to fully inform and support families seeking compensation for an unimaginable loss.
Damages Recoverable in Wrongful Death Claims
Typically, you can recover three types of damages in a wrongful death claim—economic, non-economic, and punitive.
Economic Damages
Economic damages are tangible losses associated with your loved one’s death that are relatively simple to value. These damages can include:
- Lost wages and benefits: This covers the income your loved one would have earned had they lived. It includes salaries, bonuses, and benefits such as health insurance and retirement contributions.
- Medical and funeral expenses: These are the costs associated with your loved one’s final medical care and funeral expenses. They are recoverable and often straightforward, based on bills and invoices.
- Loss of net accumulations: This refers to the potential savings and assets your loved one would have gathered over their lifetime, considering their expected lifespan, earning capacity, and spending habits.
Calculating these damages requires a detailed analysis of the deceased’s past earnings, career prospects, and the financial impact on your family’s future without their contribution.
Non-Economic Damages
Non-economic damages compensate for intangible losses that aren’t easily quantifiable but impact survivors’ lives. These damages can include:
- Pain and suffering: This covers the suffering your loved one experienced between the time of injury and death.
- Loss of companionship and protection: This compensates spouses, children, and sometimes parents for losing the love, companionship, guidance, and protection of your loved one.
- Mental and emotional pain: This compensates survivors for the grief and emotional distress endured.
However, the Florida “Free Kill Law” restricts the non-economic damages recoverable by adult children and the parents of adult children in wrongful death actions based on medical malpractice. In such cases, adult children 25 and older cannot recover compensation for lost parental companionship, instruction, and guidance or emotional pain and suffering. Meanwhile, parents of children 25 and older cannot recover damages for emotional pain and suffering in malpractice cases.
Punitive Damages
Although rare, punitive damages can be substantial in wrongful death claims. Courts use these damages to punish the wrongdoer for particularly inexcusable behavior and deter similar conduct in the future. If the defendant’s actions were particularly reckless, intentional, or grossly negligent, the court may consider awarding punitive damages.
The lawyers at FHVG have been successful in being permitted by the Court to seek punitive damages in many different types of cases, including trucking cases, medical malpractice cases, product liability cases, and others.
Factors Influencing Wrongful Death Claim Value
Wrongful death settlements in Florida can range from several thousand to millions of dollars. The amount you may obtain will depend on several factors contributing to the total compensation award. Some of these include the circumstances of the death, the relative age and health of the victim, the victim’s earning capacity, emotional impact on the family, the extent of the family’s losses, the strength of the evidence, the deceased’s share of the blame for the incident, and the available insurance coverage.
Valuing non-economic damages is subjective and varies significantly. Your attorney can evaluate your case and properly calculate your damages.
Common Wrongful Death Claims in Coral Gables, FL
A wrongful death lawyer in Coral Gables can help you address various wrongful death claims. Some of the most common scenarios that lead to wrongful deaths include:
- Medical malpractice
- Vehicle accidents
- Workplace accidents
- Product liability
- Premises liability
Local Wrongful Death Case Examples
Wrongful death claims are as diverse as they are tragic. These three stories of unfortunate cases near Coral Gables illustrate how varied claims can be:
- A jury awarded $16 million to the family of a 44-year-old mother who died in a local jail after officials denied her medical attention during her temporary incarceration.
- A mother sued a daycare after her 13-year-old special-needs son choked to death on a glove while under their care.
- The mother of a 32-year-old man sued Peloton, claiming his defective stationary bike was unreasonably dangerous after it spun around and hit him in the face and neck, rupturing his carotid artery and killing him instantly.
Talk to a Coral Gables Wrongful Death Attorney to Learn More
In the wake of a loved one’s wrongful death, navigating the path to justice can be daunting. FHVG offers compassionate support and knowledgeable legal guidance throughout the process. With over two decades of experience and over $2.6 billion recovered for deserving clients, we are dedicated to seeking justice for your family.
Our free consultations offer a risk-free opportunity to receive a complimentary case evaluation. Get started on your case today.
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ALL FIELDS REQUIRED
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PACU ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- PSYCHIATRIC MALPRACTICE
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
