Wrongful Death

Rosenberg & Rosenberg, P.A. has over 50 years of experience serving the local community and defending the rights of the wrongfully injured.

Hollywood Wrongful Death Attorneys

Seek Justice with Our Help

The loss of a loved one is never easy to cope with. When this loss is caused by someone else's negligence or recklessness, however, the pain is often amplified. This is especially true in cases of wrongful death, which occurs when someone dies as a result of someone or something else's careless or criminal behavior.

At Rosenberg & Rosenberg, P.A., we understand that no amount of money can ever make up for the loss of a loved one. However, if you have lost a family member due to someone else's careless or criminal behavior, you may be entitled to financial compensation. Our team at Rosenberg & Rosenberg, P.A. can help you seek justice for your loss by providing compassionate and aggressive legal representation.

Call (888) 499-6206or fill out our online contact formto get started with a free consultation.

  • Car Accident $4.7 Million

    Settlement obtained for a 19-year-old student visiting Florida on spring break that was struck by a vehicle while crossing the street.

  • Car Accident $4.1 Million

    Jury verdict for a 41-year-old male that was struck from behind by a pharmaceutical representative.

  • Dram Shop Liability $3.4 Million

    Settlement for the full policy limits of the bar at fault for an underage intoxicated male struck by a car attempted to leave.

  • Premises Liability $1 Million

    Settlement for a client entering a restaurant that slipped and fell on a puddle which occurred because of a leaking air conditioner.

  • Workers' Compensation $1 Million

    Settlement for a client that fell out of a tree while working, becoming paralyzed from the waist down.

  • Workers’ Compensation $767 Thousand
  • Workers' Compensation $600 Thousand

    Settlement for a 56 year old worker injured when an aircraft part fell on him.

  • Slip & Fall $575 Thousand

    Settlement for a woman that slipped and fell on a wet floor while working.

  • Motorcycle Accident $550 Thousand

    Settlement for a teenager injured in a motorcycle accident.

What is Wrongful Death?

Wrongful death is a legal term used to describe a situation in which a person's death is caused by the negligent, reckless, or intentional actions of another party. When someone dies due to the wrongful actions of another party, the surviving family members or beneficiaries may have the right to file a wrongful death lawsuit to seek compensation for their losses and damages.

In Florida, to prove a wrongful death claim, the following elements generally need to be established:

  1. Death: The first and most fundamental element is demonstrating that a person has died. This death must be caused by the actions or negligence of another party.
  2. Negligence or Wrongful Conduct: It must be established that the death occurred due to the negligent, reckless, or intentional actions of the defendant. This could include actions such as negligence in a car accident, medical malpractice, defective products, or intentional harm.
  3. Legal Duty: The plaintiff (the party filing the wrongful death claim) must show that the defendant owed a legal duty to the deceased person. For example, in a car accident case, drivers owe a duty to others on the road to drive safely and obey traffic laws.
  4. Breach of Duty: It must be proven that the defendant breached the legal duty owed to the deceased person. This means showing that the defendant's actions or negligence fell below the standard of care expected in the circumstances.
  5. Causation: There must be a direct link between the defendant's breach of duty and the death of the person. In other words, it must be shown that the defendant's actions were a proximate cause of the death.
  6. Damages: The surviving family members or beneficiaries must demonstrate that they have suffered financial, emotional, or other types of damages as a result of the person's death. These damages can include medical expenses, funeral and burial costs, lost income, pain and suffering, and loss of companionship.

Who Can File a Wrongful Death Lawsuit in Florida?

As outlined in Florida's Wrongful Death Act (Florida Statutes Section 768.18-768.21), a wrongful death claim must be brought by the personal representative of the deceased person's estate. This individual is typically appointed in the deceased person's will or by the court. They are responsible for initiating and managing the legal action on behalf of the estate and the eligible survivors.

Here are the potential beneficiaries:

  1. Surviving Spouse: The surviving spouse of the deceased person is typically the primary beneficiary in a Florida wrongful death claim. The surviving spouse has the first right to recover damages.
  2. Minor Children: Minor children (under 25 years old) of the deceased person, whether biological or adopted, may be eligible to receive compensation. The law considers them beneficiaries if there is no surviving spouse.
  3. Adult Children: Adult children (25 years old and older) of the deceased person may also be beneficiaries, but they must show that they were dependent on the deceased for support or services.
  4. Parents: Parents of the deceased person, whether biological or adoptive, may be considered beneficiaries if they can demonstrate that they were dependent on the deceased for support or services.
  5. Other Dependent Relatives: Any blood relative or adoptive sibling who is partially or wholly dependent on the deceased person for support or services may be eligible to receive compensation.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

In a wrongful death lawsuit, the deceased person's loved ones can seek compensation for all of the damages they have suffered as a result of the loss of their loved one. Damages can include loss of income, loss of companionship, loss of consortium, funeral and burial expenses, pain and suffering, mental anguish, and more. There are also certain damages that are unique to wrongful death cases. For example, if the deceased person's death resulted from a fatal car crash, the deceased person's loved ones may be able to recover damages for loss of "life expectancy," which is the amount of time they would have had with the deceased person had he or she lived.

Additionally, punitive damages may be awarded in cases of gross negligence or reckless behavior. Punitive damages are meant to punish the defendant and deter similar behavior in the future.

How Our Firm Can Help You

At Rosenberg & Rosenberg, P.A., we have the knowledge and experience to stand up to the insurance companies and their teams of attorneys. In cases of serious and fatal personal injuries, we have the resources and know-how to effectively investigate the incident, discover all of the relevant evidence, and build a strong case. Our goal is to help our clients recover the maximum amount of compensation they are owed, whether that is through a negotiated settlement or a jury trial.

To learn more about your legal options, contact Rosenberg & Rosenberg, P.A. at (888) 499-6206 today.

What Our Clients Are Saying

Reviews From Our Satisfied Clients
  • “My experience with the law firm of Rosenberg & Rosenberg lasted five years and it was the best experience I could ask for. I was given personal attention and felt that my lawyer had my best interests ...”

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What Makes Us Different?

  • Serving the Local Community of Florida for 50+ Years
  • We've Recovered Millions of Dollars in Compensation for Our Clients
  • Our Team Is Available 24 Hours a Day, 7 Days a Week
  • Free Initial Consultations & No Fees Unless We Win Your Case
  • We Are a Family-Owned Firm, Handling Each Case with Compassion and Dedication
  • Every Case Is Handled by a Team of Attorneys, Including a Partner Tied to Each Case

Contact Rosenberg & Rosenberg, P.A. Today!

While You Focus on Your Recovery, We Will Fight for Justice
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