Losing a loved one is an unimaginably painful experience. When that loss results from someone else’s negligence or misconduct, the grief is compounded by confusion, frustration, and a yearning for justice. In Hialeah and across Florida, wrongful death claims provide a legal pathway for families to hold the responsible parties accountable and seek compensation for their immense loss.
At DLE Lawyers, we understand the emotional and financial toll of these tragedies. This guide aims to help Hialeah families understand wrongful death claims in Florida—what they are, who can file them, and how to get justice for your loved one.
What is a Wrongful Death Claim?
A wrongful death claim arises when a person dies as a result of someone else’s negligent, reckless, or intentional actions. Unlike criminal charges, which seek to punish the wrongdoer, a wrongful death lawsuit is a civil action that aims to provide financial compensation to surviving family members or the deceased person’s estate.
Common Causes of Wrongful Death in Hialeah
Hialeah, one of Florida’s largest and busiest cities, unfortunately sees a range of accidents that can lead to wrongful death claims. Common scenarios include:
- Car accidents caused by drunk or distracted drivers
- Truck or commercial vehicle crashes
- Pedestrian or bicycle accidents
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Workplace accidents
- Criminal acts, such as assault or homicide
Florida’s Wrongful Death Statute: An Overview
Florida’s wrongful death laws are governed by Florida Statutes § 768.16 – 768.26, also known as the Florida Wrongful Death Act. These laws provide the framework for:
- Who can file a claim
- What damages can be recovered
- How long survivors have to file
Understanding the nuances of this statute is essential to filing a successful claim.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, only the personal representative (also known as the executor) of the deceased person’s estate can file a wrongful death lawsuit. However, the lawsuit is filed on behalf of the surviving family members and the estate.
Eligible Beneficiaries May Include:
- Spouse of the deceased
- Children, including legally adopted and dependent children
- Parents of a minor child (or in some cases, adult children)
- Any blood relatives or adoptive siblings who were partially or wholly dependent on the deceased
Importantly, the distribution of damages varies depending on the survivor’s relationship to the deceased.
What Damages Can Be Recovered?
The damages in a wrongful death lawsuit aim to compensate for both economic and non-economic losses resulting from the untimely death.
Economic Damages
These include measurable financial losses, such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s income and future earning potential
- Loss of benefits (pension, insurance, etc.)
Non-Economic Damages
These represent emotional and intangible losses, including:
- Loss of companionship, guidance, and protection
- Mental pain and suffering
- Loss of parental companionship and instruction (for minor children)
Punitive Damages
In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter similar actions in the future.
Statute of Limitations: Time is Critical
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the individual’s death. Failing to file within this timeframe typically results in the loss of the right to sue.
Exceptions
There may be exceptions in cases involving:
- Fraud or concealment of facts
- Medical malpractice with delayed discovery
- Criminal prosecution that delays civil proceedings
To preserve your legal rights, it’s critical to consult a wrongful death attorney as soon as possible.
Why You Need a Hialeah Wrongful Death Lawyer
Wrongful death claims are complex, both legally and emotionally. Working with a seasoned local attorney like DLE Lawyers ensures:
1. Local Knowledge
We understand Hialeah’s traffic patterns, local hospitals, and accident-prone areas—key in building a strong case.
2. Comprehensive Investigation
We gather evidence, consult with experts, and reconstruct accidents to prove liability.
3. Insurance Negotiations
We handle communications with insurance companies that may attempt to undervalue or deny your claim.
4. Maximized Compensation
We fight to ensure that your family receives every dollar of compensation you deserve under Florida law.
5. Compassionate Support
Our legal team offers compassionate, personalized guidance through every step of this difficult process.
Steps to Take After a Wrongful Death in Hialeah
If you believe your loved one’s death was caused by negligence, here’s what you should do:
- Obtain a death certificate
- Request a copy of the incident or police report
- Gather medical records and bills
- Preserve evidence such as photos, texts, or witness statements
- Contact a wrongful death attorney immediately
Acting quickly strengthens your case and ensures your family’s rights are protected.
FAQs About Wrongful Death Claims in Florida
Q: How is wrongful death different from homicide?
A: Homicide is a criminal matter prosecuted by the state. Wrongful death is a civil lawsuit filed by surviving family members for financial compensation.
Q: Can I still file if criminal charges were not filed?
A: Yes. You can pursue a civil wrongful death claim even if the responsible party was not criminally charged or convicted.
Q: Do I need to go to court?
A: Not always. Many wrongful death cases are resolved through settlements. However, DLE Lawyers prepares every case as if it will go to trial to ensure maximum leverage.
Why Choose DLE Lawyers for Your Hialeah Wrongful Death Case?
At DLE Lawyers, we combine aggressive legal strategy with deep compassion for grieving families. Here’s why Hialeah families trust us:
- Proven track record of multi-million dollar settlements
- Bilingual staff to serve English and Spanish-speaking clients
- No upfront fees — we only get paid if you win
- 24/7 availability for client support
- Local commitment — headquartered in Miami and serving all of South Florida
While no amount of money can replace a loved one, a wrongful death claim provides justice, closure, and financial security for those left behind. If you’ve lost someone in Hialeah due to negligence, don’t wait.
Let DLE Lawyers be your advocate in this difficult time. We’re ready to fight for your rights, your family’s future, and your loved one’s legacy.