Miami Wrongful Death Attorneys
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 18, 2024
Table of Contents
- Why Choose Our Miami Wrongful Death Attorneys at Freedland Harwin Valori Gander?
- How Our Miami Wrongful Death Lawyers Can Help You and Your Family
- What Do You Have to Prove in a Wrongful Death Claim in Miami, FL?
- What Types of Compensation Are Recoverable in a Wrongful Death Claim?
- The Difference Between Wrongful Death Claims and Criminal Charges
- Wrongful Death FAQs
- Call Our Experienced Miami Wrongful Death Lawyers For a Free Consultation
Miami’s medical professionals are legally obligated to provide their patients with competent and reasonable care. When they fail to do so, patients can suffer serious or even fatal consequences. If you lost a loved one to a medical professional’s negligence, you may have grounds to file a wrongful death claim.
A wrongful death claim is a civil action through which surviving family members can seek compensation for their damages. While a wrongful death lawsuit can’t undo the harm and bring a loved one back, it can also provide justice and closure for grieving families. Freedland Harwin Valori Gander, a leading Miami medical malpractice law firm, is dedicated to helping families navigate the legal process and fight for their rights.
Why Choose Our Miami Wrongful Death Attorneys at Freedland Harwin Valori Gander?
Experience makes all the difference after a loved one’s untimely death. At Freedland Harwin Valori Gander, we have been representing medical malpractice victims and their families for over 20 years. Our Miami wrongful death lawyers also have experience on the other side as defense lawyers for medical providers and their insurance companies. Thus, we are uniquely equipped to handle wrongful death cases from all angles and anticipate the defense’s tactics.
We know how high the stakes are for our clients and their families. That’s why we are committed to providing personalized, compassionate, and aggressive advocacy in every case. When you turn to us, we’ll employ all available resources and seek the maximum compensation your family needs to start moving forward. As your case progresses, we’ll inform you continually about its status and promptly address any concerns you may have. Our transparent contingency fee structure also means we only get paid if we win, and you’ll pay zero out-of-pocket fees.
Our attorneys proudly serve medical malpractice victims and their families in the Miami neighborhoods of Brickell, Little Havana, Wynwood, Flagami, Coconut Grove, and Edgewater. We also serve the surrounding communities, including Fort Lauderdale and Miami.
Our Medical Malpractice Success
With over $2.6 billion recovered for our clients, FHVG has a proven track record of success. Our firm has been recognized as a top-rated personal injury and wrongful death law firm in Florida, with numerous prestigious awards and accolades from organizations such as Super Lawyers, Best Lawyers, The National Trial Lawyers, and Courtroom View Network.
- FHVG won a $24.5 million jury verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we could demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.
- We secured a $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. Our lawyers were able to prove the manufacturer knew of the dangerous side effects and did not provide a proper warning.
- After years of investigation and negotiation, our wrongful death attorneys were able to negotiate a $4.1 million settlement for the death of a mother who had a hypertensive crisis after birth that was not treated appropriately.
FHVG serves all of the Miami area, including the following neighborhoods:
- Hialeah
- Miami Gardens
- Miami Beach
- Homestead
- Doral
- North Miami
- Coral Gables
- Cutler Bay
- North Miami Beach
- Aventura
- Miami Lakes
- Palmetto Bay
- Hialeah Gardens
- Sunny Isles Beach
- Sweetwater
- Pinecrest
- Opa-locka
- Key Biscayne
- Miami Springs
- Florida City
- South Miami
How Our Miami Wrongful Death Lawyers Can Help You and Your Family
You’re dealing with enough after losing a loved one to medical malpractice in Miami. Let our team take care of the legal details. Our Miami wrongful death attorneys can help you by:
- Analyzing your case and counseling you about your legal options
- Investigating the incident to determine who is liable and how their actions led to your loved one’s death
- Gathering evidence to demonstrate the liable party’s negligence
- Calculating your family’s past and future damages
- Negotiating with insurance companies and other parties on your behalf
- Representing you in court if the liable party refuses to make a fair settlement offer
“My family had the pleasure of being represented by Deborah Gander after the unexpected death of my mother. She was amazing to work with from day one, and she became a lifelong friend. She helped guide us through the process and was relentless in her litigation against the defendants. Deborah Gander and the attorneys at Freedland Harwin Valori Gander are some of the best trial attorneys in the business!”
– Anthony D., 5-Stars, Google
What Do You Have to Prove in a Wrongful Death Claim in Miami, FL?
You must present evidence of negligence to win a wrongful death claim in Miami. Medical malpractice is a form of negligence that occurs when a health care provider fails to provide the appropriate level of care, resulting in harm or death to the patient. To sue a doctor for wrongful death, you must establish three elements:
- The health care provider owed your loved one a duty of care. This means there was an established doctor-patient relationship, making the health care provider responsible for providing the appropriate level of care.
- The health care provider breached their duty of care. This means the health care provider failed to provide the standard of care expected from a reasonably competent professional under the same circumstances.
- The breach of duty caused your loved one’s death. In other words, the health care provider’s failure to provide the standard of care directly led to your loved one’s death.
We established these elements to secure a $20.2 million jury verdict for the family of a 54-year-old man who died in the hospital from a narcotic overdose and lack of proper monitoring. FHVG proved that this doctor failed to take proper precautions and ask the right questions.
What Types of Compensation Are Recoverable in a Wrongful Death Claim?
A medical malpractice death claim may cover the economic and non-economic damages the surviving family members suffered due to the victim’s death. Florida law specifies the damages recoverable in a wrongful death claim, which include the following:
- Lost support and services, including income, benefits, and household contributions that the victim would have provided
- Lost companionship and protection
- Mental pain and suffering
- Lost parental companionship, instruction, and guidance
- Medical expenses incurred between the victim’s injury and death
- Funeral and burial expenses
How We Determine Your Case's Value
At FHVG, we understand that no amount of money can replace your loved one. However, we also recognize the financial burden that an unexpected death can have on surviving family members. Our team will work closely with you to determine the value of your case by carefully calculating the monetary losses you have suffered and will continue to suffer in the future. We’ll gather receipts, bills, and other documentation to support our evaluation of your claim.
We may also work with expert witnesses to determine the value of non-economic damages, such as mental pain and suffering. These experts can help us establish the impact of your loved one’s death on your emotional well-being and quality of life.
Our wrongful death claim lawyers used these methods to obtain a $6.5 million settlement on behalf of a family who lost their husband/father. He had died as a result of being overprescribed pain medication, causing him to suffer cardiopulmonary arrest.
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 Miami wrongful death attorney is to recover damages for the survivors. In Miami, 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 Miami 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 Miami wrongful death lawyers focus on securing compensation for your family’s loss, which can provide closure and financial stability for survivors.
Wrongful Death FAQs
It’s normal to have many questions after a loved one’s wrongful death. We’ve compiled some common questions we receive from clients to help you better understand Miami’s legal landscape for wrongful death claims.
How Long Does It Take To Settle a Wrongful Death Case in Miami?
Some Miami wrongful death cases settle in a matter of months, while others may take several years to reach a resolution. Your case’s complexity, the willingness of the insurance company to negotiate, and the strength of available evidence all play a role in the timeline.
Will You Have To Go To Court For a Wrongful Death Claim?
Wrongful death claims often settle outside of court. However, if the insurance company refuses to offer a fair settlement, we may recommend taking your case to court.
How Much Time Do You Have To File a Wrongful Death Claim?
Most wrongful death cases in Florida have a two-year statute of limitations, meaning you must file a claim within two years of your loved one’s death.
Who Is Typically Involved in a Wrongful Death Case?
Under Florida law, only the personal representative of the deceased’s estate can file a medical malpractice wrongful death case. Any compensation recovered is paid to the estate and distributed to the deceased’s survivors and dependents—except for those blocked by the “free kill law.”
Other involved parties involved in the case include the liable party, witnesses, the judge, the jury, and both parties’ lawyers.
Are Autopsies Required in Miami Wrongful Death Claims?
An autopsy is not required to file a Miami wrongful death claim. However, one can provide valuable evidence to prove the cause of death and establish liability.
Call Our Experienced Miami Wrongful Death Lawyers For a Free Consultation
“This group went above and beyond to get the results that we needed and deserved. I was very pleased with the outcome from my case. I would definitely recommend them to anyone who needs their services. My sincerest thanks to everyone there!” – Heather L., 5-Stars, Google
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
