Aventura Wrongful Death Lawyer
Aventura, a vibrant city in the heart of South Florida, welcomes residents and visitors with its world-class shopping experiences, and diverse community. Despite the city’s allure, it’s essential to recognize that life’s unexpected tragedies can touch any community, including Aventura.
Every year, South Florida witnesses heart-wrenching wrongful deaths resulting from negligence and avoidable accidents. Whether it’s due to careless drivers navigating the city’s streets, workplace hazards, or flawed products, these incidents leave families shattered. If you find yourself grappling with the loss of a loved one due to any type of accident, our Aventura wrongful death lawyers are here to support you through your legal battles.
Flanagan & Bodenheimer Injury and Wrongful Death Law Firm focuses exclusively on personal injury and wrongful death cases in Florida. Our experienced wrongful death attorneys have recovered millions of dollars for families who have lost loved ones in tragic accidents.
Take the first step toward justice by requesting your complimentary consultation today. Call us at (305) 638-4143 or fill out our online form.
Table of Contents
- What is a wrongful death claim?
- When should I file a wrongful death claim?
- Do we need to have an autopsy preformed to file a wrongful death case?
- Common wrongful death cases in Aventura, FL
- How a wrongful death lawyer can help
- Why choose our law firm
- Free consultation with a wrongful death attorney
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought under the Florida Wrongful Death Act by the surviving family members or beneficiaries of a deceased person who died due to the negligence or intentional misconduct of another party. The purpose of this legal remedy is to hold the responsible party accountable and seek compensation for the losses suffered by the surviving family members as a result of the death.
The personal representative of the deceased person’s estate is typically the one to file the claim. This individual is appointed in the deceased person’s will or by the court if there is no will. The personal representative acts on behalf of the estate and surviving family members.
Qualifying family members who can benefit from a wrongful death claim in Florida include the spouse, children, parents, and, in some cases, blood relatives or adoptive siblings who were dependent on the deceased for support. Surviving family members should consult with an experienced wrongful death attorney to assess the viability of a claim and understand their legal rights.
When Should I File A Wrongful Death Claim?
The statute of limitations in wrongful death cases is, generally, two years from the date of the act of negligence that caused the death. However, in some cases there are exceptions. For example, in medical malpractice cases, determining when the statute of limitations begins to run, when it is tolled, and when it expires can be complicated. You should contact an experienced wrongful death attorney to determine when the statute of limitations expires in your case.
If We Want to Bring A Wrongful Death Case Do We Need To Have An Autopsy Performed?
In some cases an autopsy can be critical to proving that actually caused a person’s death. In other cases, an autopsy may be unnecessary. In many medical malpractice wrongful death cases an autopsy can provide critical information about what exactly caused a person’s death. In other cases, like car or truck accident cases that do not involve issues of intoxication, an autopsy is likely to be unnecessary. Unfortunately, the answer to this question is, it depends on the circumstances.
As a general rule, if the death is suspected to have been caused by a drug overdose or prescription drug toxicity, then an autopsy and toxicology report may be very important. If a death is caused by a trauma like a car accident, truck accident, or premises liability accident, then an autopsy will frequently be unnecessary.
Typically, in Aventura wrongful death cases, autopsies will be performed by the Miami-Dade Medical Examiner’s Office. Copies of the autopsy can be obtained by the family by contacting the medical examiner’s office and submitting a request. If, due to the circumstances, the government has not performed an autopsy, then there are medical examiners who will provide a private autopsy at the request of the family. Contact our law firm to obtain the contact information for a pathologist who may perform a private autopsy.
Common Wrongful Death Cases in Aventura, FL
Wrongful death cases may emerge from various incidents including:
Fatal Motor Vehicle Accidents
Aventura, like many other cities, experiences its fair share of traffic congestion. With a growing population and tourists flocking to the area, the risk of accidents on the road increases. Wrongful death cases may arise from car accidents, pedestrian incidents, truck crashes, or motorcycle collisions, often attributed to factors such as distracted driving, speeding, or impaired driving.
Fatal motor vehicle accidents are investigated by the traffic homicide division of the law enforcement agency that has authority over the road. This may be the Florida Highway Patrol Traffic Homicide Division, Miami-Dade Police Department Traffic Homicide Division, or the Aventura Police Department, depending on where the accident occurred.
If you contact the traffic homicide detective assigned to your family member’s case, they will provide you with any information that they are permitted to disclose. These agencies are tasked with investigating to determine whether criminal actions should be brought against the at-fault party. However, if you intend to pursue a wrongful death case, that is separate and apart from any government investigation and you should contact a wrongful death attorney immediately.
There are multiple prestigious medical facilities in and near Aventura that provide essential health services to the community. This includes HCA Florida Aventura Hospital, Jackson North Medical Center, Memorial Regional Hospital, and others. Wrongful death cases may emerge due to medical malpractice, where negligence on the part of healthcare professionals leads to fatal consequences for patients.
Fatal Workplace Accidents
Workplace accidents can occur in any industry, leading to fatal injuries. Wrongful death cases may arise when an employer fails to maintain a safe working environment or when safety protocols are disregarded.
In Aventura’s hospitality-rich environment, premises liability cases are not uncommon. Slip and fall accidents, inadequate security, and unsafe premises can result in fatal injuries. Property owners and businesses may be held responsible for failing to maintain a safe environment for visitors.
As consumers, we trust that the products we use are safe. However, defective products can cause serious harm, including fatal injuries. Wrongful death cases may arise from issues such as faulty manufacturing, inadequate warnings, or design flaws in products.
Tragically, wrongful deaths can occur due to criminal acts such as assault, battery, or homicide. In these cases, both the perpetrator and, in some situations, property owners or businesses may be held responsible for failing to provide adequate security measures.
How an Aventura Wrongful Death Attorney Can Help You After Losing a Loved One
When faced with the loss of a loved one, seeking legal support may not be your immediate priority. However, a dedicated and compassionate personal injury lawyer can provide invaluable assistance during this challenging time. Our Aventura wrongful death lawyers are committed to alleviating the burdens your family may be facing, allowing you to focus on healing and rebuilding your life.
Here’s how we work to ensure that you receive fair treatment throughout your case:
Thorough Evidence Collection and Analysis: In our pursuit of justice for your family, no detail is overlooked. Our Aventura wrongful death attorneys meticulously gather and analyze all pertinent evidence, including accident scene videos and photos, eyewitness statements, medical records, and any other relevant information. This comprehensive approach strengthens your case and ensures that we build a solid foundation for your legal representation.
Skillful Negotiation Expertise: Communicating with insurance companies and opposing counsel can be an intimidating prospect. Our Aventura wrongful death attorneys possess the skill and experience necessary to navigate these negotiations effectively. We advocate aggressively for your family’s best interests, working towards a favorable settlement that comprehensively addresses the damages incurred.
Trial Readiness: While negotiation is a preferred avenue, we are fully prepared to take your case to trial if the opposing party offers inadequate compensation.
During this difficult period, our commitment is to provide unwavering support and legal expertise tailored to the specific challenges your family is facing. Our goal is to secure the justice and compensation you deserve, allowing you to navigate the healing process with the peace of mind that your wrongful death case is in capable hands.
Why Choose Our Law Firm To Represent You & Your Family
Here are a few reasons why families place their trust in Flanagan & Bodenheimer after a wrongful death:
- Wrongful Death Expertise: At Flanagan & Bodenheimer, our focus is exclusively on personal injury and wrongful death cases throughout Florida. This focused approach grants us a unique advantage when negotiating claims, ensuring that we bring a depth of expertise to every case we handle.
- Compassionate Advocacy: We are deeply passionate about assisting families in navigating the aftermath of preventable fatal accidents. Our commitment to providing compassionate legal support reflects our understanding of the emotional toll these situations take on families.
- Individualized Attention: Unlike firms that handle a high volume of cases, we intentionally limit our caseload. This allows us to provide personalized attention to each client, tailoring our approach to your unique needs. With direct access to your wrongful death attorney, your questions and concerns will be addressed promptly throughout the legal process.
- No Upfront Costs: We understand the financial strain that can accompany legal proceedings. Flanagan & Bodenheimer stands by your side with a commitment to representing your family at zero upfront costs. Our attorneys will work on your behalf without charge unless we secure a successful outcome for your case.
When faced with the complexities of a wrongful death claim, trust Flanagan & Bodenheimer to be your dedicated advocates. Our specialized focus, compassionate approach, individualized attention, versatile legal knowledge, and commitment to your family’s well-being set us apart as an ally in your pursuit of justice.
Compassionate Representation After an Accident in Aventura, FL
Navigating the loss of a loved one is an overwhelming journey, but you don’t have to face it alone. Our Aventura wrongful death lawyers are here to stand by your side, offering unwavering support. We are dedicated to advocating for justice and ensuring that those responsible for your family’s pain are held accountable.
We offer our legal services to clients throughout all of South Florida including Miami, Coral Gables, Kendall, Brickell, Hialeah, Aventura, Homestead, Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Boca Raton, West Palm Beach, and other areas. We handle a wide range of personal injury cases in Miami-Dade County including medical malpractice, car accidents, truck accidents, motorcycle accidents, wrongful death, and more. Our firm also handles personal injury cases in Broward County including car accidents, trucking accidents, wrongful death, and other incidents that lead to serious injuries.
Reach out to us at 305-638-4143 today for a free consultation. Our attorneys are ready to assess the details of your case, and discuss the legal avenues available to your family.