Hialeah Wrongful Death Lawyer

Your Trusted Hialeah Wrongful Death Attorneys

Losing a loved one is an emotional experience, and when that loss is the result of someone else’s negligence, the pain can be even more profound. Our dedicated Hialeah wrongful death lawyers understand the complex and delicate nature of these cases and are here to provide you with compassionate legal support during this difficult time.

A wrongful death can result in not only emotional distress but also financial challenges. We aim to alleviate these burdens by seeking compensation for medical expenses, funeral costs, lost financial support, and more. Our goal is to ensure that your family’s future is protected and your loved one’s memory is honored.

Request your free consultation today by calling (305) 638-4143 or completing our online contact form. 

Our Hialeah Wrongful Death Attorneys Are Ready to Work on Your Behalf

When you entrust your case to the Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm, you’re choosing a legal team that is committed to securing the compensation you truly deserve. Here is why you should trust Flanagan & Bodenheimer with your wrongful death case: 

• At Flanagan & Bodenheimer, we focus exclusively on personal injury and wrongful death cases, affording us a unique advantage in handling claim negotiations.
• We deliberately limit the number of cases we handle to provide individualized attention and focus on your case. You will have direct access to your wrongful death attorney, ensuring your questions and concerns are addressed promptly.
• Our accomplished team of lawyers is well-versed in all aspects of personal injury law, including motor vehicle accidents, medical malpractice, product liability, and workplace incidents, and we are fully equipped to advocate for your family’s rights.
• If we are able to represent you in a wrongful death case, there are no upfront costs. We pay for all the costs and expenses associated with the case and we only recover if we achieve a successful outcome. 

What Our Hialeah Wrongful Death Lawyers Can Do For You

When faced with the untimely loss of a family member, seeking legal assistance may be the last thing on your mind. However, having a knowledgeable and empathetic lawyer by your side can make a difference. Our Hialeah wrongful death attorneys are committed to easing the burden on your family by handling the legal complexities, allowing you to focus on healing and rebuilding your life. Here’s how we ensure you are treated fairly during your case:

• Estate Creation Assistance: In Florida, a wrongful death case can only be prosecuted by the personal representative of the decedent’s Estate. This means that an Estate must be opened and someone has to be appointed to prosecute the wrongful death case on behalf of the survivors. Our attorneys will assist, or work with specialists to assist in this process.
• Obtaining an Autopsy:  In some cases an autopsy is necessary to determine the precise cause of death – even if the death certificate lists a cause of death.  Our lawyers may be able to assist you in obtaining an autopsy during the critical time-period after a person has passed away.  It is important to remember that the State only performs an autopsy in a very limited number of circumstances and in some cases, an autopsy will be critical to prove your wrongful death case.
  • A medical doctor who specializes in performing autopsies, can perform an autopsy at the following local funeral homes with the permission of the family.
  • We can help your family obtain an autopsy from any funeral home including: Caballero Rivero Hialeah, Funeraria Hialeah Memorial, Bernardo Garcia Funeral Home, Memorial Plan San José Palm Funeral Home, Memorial Plan San José Funeral Home & Care Center, Vista Memorial Gardens
• Collecting and Analyzing Evidence: Our lawyers leave no stone unturned in building a strong case on your behalf. We meticulously gather relevant evidence, including video and photographic evidence from accidents, eyewitness statements, medical records, and any other relevant information.
• Skillful Negotiation: Handling communications with other involved parties can be daunting. Our Hialeah wrongful death attorneys are well-versed in negotiating with insurance companies and opposing counsel. We aggressively advocate for your best interests to achieve a favorable settlement that addresses all aspects of your damages.
• Ready for Trial: We are prepared to take your case to trial if the opposing side refuses to cooperate or offers inadequate compensation. 

Common Wrongful Death Cases in Hialeah

Wrongful death cases can be emotionally overwhelming for families, leaving them with grief, anger, and numerous questions. At Flanagan & Bodenheimer, our compassionate lawyers have a proven track record of handling these complex cases. Learn about some of the most common wrongful death cases in Florida below. 

Car, Truck & Motorcycle Accidents

Tragic motor vehicle accidents can result from reckless driving, drunk driving, distracted driving, or other forms of negligence. When a loved one loses their life in a crash due to another driver’s actions, it often triggers a wrongful death claim.

Medical Malpractice

Medical professionals are entrusted with our well-being, but errors and negligence can occur. Wrongful death cases in Hialeah may stem from misdiagnosis, surgical mistakes, medication errors, or inadequate medical care. If you or a loved one was injured at Hialeah Hospital, Larkin Community Hospital, Palmetto General Hospital, or any other hospital in South Florida, contact us for a free consultation.

Premises Liability

Property owners have a duty to maintain reasonably safe premises for their visitors. When negligence leads to fatal accidents, such as slip and falls or inadequate security, surviving family members may file a wrongful death claim. Our legal team has successfully represented families in premises liability cases, ensuring they receive the justice they deserve.

Workplace Accidents

In cases where a loved one succumbs to injuries sustained on the job, their family can pursue a wrongful death claim. Workplace accidents can result from unsafe conditions, lack of proper training, or inadequate safety protocols.

Nursing Home Neglect

The vulnerable elderly population can fall victim to neglect or abuse in nursing homes. If a loved one passes away due to inadequate care, malnutrition, dehydration, or physical abuse, their family may have grounds for a wrongful death claim. If your or a loved one was injured in one of the following Hialeah nursing homes, contact us for a free consultation:

• Terrace of Hialeah
• Palmetto Care Center
• Susanna Wesley Health Center
• Waterford Rehab & Nursing Center
• Signature Healthcare Center of Waterford
• Modelo Health Care Center
• Villa Maria West Skilled Nursing Facility
• Epworth Village Retirement Community
• Villa Maria Nurse & Rehab Center
• Paraiso Dos Gardenias
• Care & Love Retirement Home
• Palm Breeze Assisted Living

The pain of losing a loved one is immeasurable, particularly when their death could have been prevented. If you’ve lost a family member due to someone else’s negligence, our Hialeah wrongful death lawyers are here to support you during this difficult time.

Understanding the Florida Wrongful Death Act

If you’re considering a wrongful death claim in Hialeah, it’s important to understand that these cases are governed by the Florida Wrongful Death Act (Florida Statutes § 768.16 – § 768.26). This legislation outlines who is allowed to file a claim, what types of damages can be recovered, and the time limits that apply.

Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, on behalf of eligible survivors. Eligible survivors may include:

• The decedent’s spouse, children, and parents
• Any blood relatives or adoptive siblings who were financially dependent on the deceased

Florida allows surviving family members to seek compensation for both economic and non-economic damages, including:

• Loss of future income and support
• Funeral and burial expenses
• Medical bills from the final injury or illness
• Emotional pain and suffering (available to spouses, minor children, and, in some cases, parents)
• Loss of companionship, guidance, and protection

It’s also crucial to note that Florida imposes a two-year statute of limitations on wrongful death claims. If a claim is not filed within two years of the date of death, the court may bar it permanently—though some exceptions may apply (such as cases involving fraud or concealment).

At Flanagan & Bodenheimer, we understand how overwhelming these legal details can be during a time of grief. Our attorneys are here to explain every step and ensure your claim is filed correctly and within the legal deadlines.

What to Expect During a Hialeah Wrongful Death Lawsuit

While no legal action can bring back a loved one, pursuing a wrongful death claim can offer accountability, financial relief, and a sense of closure. If you choose to work with our Hialeah wrongful death attorneys, here’s what you can expect during the process:

1. Initial Consultation and Case Review

We’ll meet with you (virtually or in person) to understand the details of your loved one’s passing, answer your questions, and assess whether we’re the right fit for your case. If we take your case, you will not pay anything unless we recover compensation for your family.

2. Estate Setup and Personal Representative Appointment

If the deceased did not have an estate already opened, we will assist you with this process. The personal representative must be legally appointed to pursue the claim on behalf of the estate and surviving beneficiaries.

3. Investigation and Evidence Gathering

We will conduct a thorough investigation into the circumstances of the death. This may involve gathering medical records, accident reports, autopsy results, surveillance footage, witness testimony, and consultation with industry experts such as engineers, physicians, or accident reconstructionists.

4. Negotiation with Insurance Companies or Opposing Counsel

Our legal team will handle all communication and negotiations on your behalf, seeking full and fair compensation. Insurance companies often attempt to minimize payouts—but we’re prepared to fight for every dollar your family is owed.

5. Litigation and Trial (if Necessary)

While many cases settle before trial, we are always prepared to take your case before a jury if necessary. We are skilled litigators with a history of handling high-stakes cases involving complex liability and catastrophic loss.

Throughout the entire legal journey, our team will keep you informed and involved, ensuring you understand your rights and options. We provide personalized, one-on-one attention, because every family deserves an advocate they can trust.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Hialeah?

In Florida, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative files the claim on behalf of the estate and the surviving family members.

Do I need an autopsy for a wrongful death case?

In some cases, yes. An autopsy may be necessary to confirm the exact cause of death and support the legal claim. Our attorneys can assist in arranging a private autopsy if the medical examiner does not perform one.

What happens if there was no will or estate in place?

If your loved one died without a will or named personal representative, the court can appoint someone—typically a close relative—to act as the personal representative and proceed with the wrongful death case.

Can multiple family members receive compensation?

Yes. Once a settlement or judgment is secured, the court will allocate compensation among the eligible survivors based on their relationship to the deceased and the specific damages they suffered.

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil lawsuit focused on financial compensation, while a criminal case (e.g., for manslaughter) seeks criminal penalties like imprisonment. You can pursue a wrongful death lawsuit even if no criminal charges are filed.

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Our Attorneys Provide Compassionate Guidance

The loss of a loved one is an immense burden to bear, but you don’t have to face it alone. Our dedicated wrongful death lawyers are here to support and fight for your family. We will tirelessly advocate for justice and hold the responsible parties accountable for their actions.

While our main offices are located in Miami, FL and Hollywood, FL we offer our services to clients throughout all of Florida. This includes Fort Lauderdale, Boca Raton, West Palm Beach, Kendall, Homestead, Brickell, Miami Beach, Aventura, Hialeah, Miami Gardens, Pembroke Pines, and other areas. Our law firm focuses exclusively on personal injury and wrongful death cases, including:

• car accidents
• truck accidents
• motorcycle accidents
• medical malpractice
• product liability
• premises liability
• brain injuries
• spinal cord injuries
• birth injuries
• cerebral palsy
• electrocution accidents
• mesothelioma & asbestos cases

Take the first step towards seeking justice for your loved one. Contact us at 305-638-4143 today to schedule a free consultation. Our compassionate attorneys are ready to listen to your story, assess your case, and discuss the legal options available to your family.

Let us be your steadfast advocates in pursuing justice for your loss. You don’t have to navigate this challenging time alone – we are here to help.

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