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Coral Gables Wrongful Death Lawyer

Losing a loved one can be devastating, particularly if this individual died as a result of someone else's carelessness or negligence. Survivors of loved ones are left to not only deal with the pain of losing someone, but they often face financial hardships including the loss of financial support from the deceased individual. At Gerson & Schwartz, PA, our Coral Gables wrongful death lawyer appreciate that there is nothing that can replace the loss of a loved, but compensation from a wrongful death lawsuit can help cover funeral costs and more. That is why we do everything possible to make your financial future easier. We fight tirelessly for your rights to remain protected and for you to receive the maximum amount of compensation possible. Contact us toll-free today at (305) 371-6000 or by email at to schedule your case evaluation.

What Evidence is Needed for Florida Wrongful Death Claims?

One of the most tragic parts about losing a loved one in an accident is that most of these tragedies are foreseeable and preventable. Property owners, motor vehicle operators and crime on property, and other careless acts by others can change the lives of a spouse, children, and statutory survivors.

Under Florida law, a wrongful death claim is filed on behalf of the estate and survivors of the decedent. The negligent party is usually held to a legal standard of negligence. In other words, failing to do something that a reasonable careful person would not do. Or, they can be held accountable when survivors can prove certain elements of their wrongful death claim.

One critical issue is what proof, and evidence is there to support a finding of negligence. A Coral Gables wrongful death lawyer can analyze whether or not the proof can demonstrate that a loved one's death was caused by a negligent or careless act.

Some of the most common types questions and evidence our attorneys in Coral Gables will look analyze in a wrongful death claim include:

  • Has this happened before?
  • If yes, how many times?
  • Was the negligence preventable or the result of a foreseeable act of harm?
  • What is the financial responsibility of the negligent parties?

It is also important to understand that not everyone is able to initiate a wrongful death claim. The parties permitted to pursue these claims include adopted and biological children, parents, and surviving spouses. Other adopted and biological relatives are able to sometimes obtain wrongful death benefits. Additionally, the estate of the deceased individual is also able to pursue wrongful death benefits. Whatever your relation to the deceased individual, a Coral Gables wrongful death attorney can help you assess whether you can pursue a claim for compensation. Our lawyers will also help proving our cases in court through

  • Accident Reconstruction
  • Hiring Investigators
  • Obtaining Important Business and Historical Documents
  • Reviewing Court Records
  • Investigating the product safety
  • Expert Witness testimony
  • Eyewitness testimony about how an accident occurred
  • Reviewing Medical records
  • Obtaining Police Reports and other Business Records
Don't Let Time Run Out

The Florida statute of limitations for wrongful death is two years, but it is limited to two years for medical malpractice. This means that a survivor only has four or two years after a loved one's death to initiate a claim. If you wait too long to pursue compensation, you will likely be barred from pursuing a claim. Contact an experienced attorney today to begin the legal process.

Understanding Wrongful Death Claims

Wrongful death claims are initiated by a survivor of an accident victim, or any party who experienced damages as a result of the death. Wrongful death claims are all different, but some of the most common accidents that lead to these lawsuits include the following:

  • Coral Gables Wrongful Death Car Crashes Drivers in Florida have a duty to operate their vehicles in a safe manner so that other drivers, pedestrians, and everyone else on the road is safe from death or injury. Unfortunately, drivers do not always meet this standard. One of the most common causes of car accidents are reckless drivers who fail to obey road conditions or traffic patterns.
  • Medical malpractice in Coral Gables Medical health professionals must provide patients with acceptable standards of care and treatment. When medical professionals fail to meet this standard and the patient dies as a result, the surviving family members can initiate a wrongful death claim against the responsible party. Whether its Coral Gables Hospital, Kindred Hospital South Florida or Doctors Hospital, medical malpractice can occur at any medical facility in Coral Gables.
  • Coral Gables Workplace accidents Workers expect their employers to provide a safe place to perform job tasks that conforms to standards established by the Occupational Safety and Health Administration. Some of the high-risk occupations include construction workers, fishermen, loggers, metalworkers, and truck drivers. When work accidents occur, a wrongful death lawyer can help. Some of the truck companies in Coral Gables include Tricont Trucking Company, Velox Logistics LLC, and Bestway Courier, but work accidents can occur with any employer.
  • Product liability. Distributors, manufacturers, and retailers are liable for the goods that they distribute, manufacture, and sell. If someone dies due to a defectively designed , manufactured, or marketed product, it is often possible to pursue a wrongful death claim with the assistance of a wrongful death lawyer in Coral Gables.
Types of Damage Commonly Award in Wrongful Death Lawsuits

When a person passes away due to someone else's negligence statutory survivors ones can end up facing serious losses. Some types of damages that can be pursued through wrongful death lawsuits include:

  • Pain and Suffering
  • Loss of Support and Services
  • Emotional and Psychological Harm
  • Economic damages refer to losses that can be assigned a specific dollar value. Some of the most common examples of economic damages include funeral costs, loss of future inheritance, loss of medical coverage or pension plans, lost wages, and medical costs.
  • Non-economic damages include harms to which it is much more difficult to assign a monetary value. Some common types of non-economic damages include pain and suffering, loss of care or guidance provided by the loved one, and loss of companionship from the deceased individual.
Speak With an Experienced Florida Wrongful Death Attorney

At Gerson & Schwartz, PA our Coral Gables wrongful death attorneys will help you navigate the difficult process of pursuing a wrongful death claim.

We understand that losing a relative is emotionally devastating. It is this compassion that drives us to help our clients obtain justice and to help promote the safety for others. For a free consultation contact us at (305) 371-6000. Or email us at

Contact our personal injury law offices today to schedule a free case evaluation today.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User