wrongful death

Can Crime Victims Sue for Compensation in Florida?

Published on: August 1, 2025 | by Gerson & Schwartz, P.A.

After being injured in a violent attack, victims get some closure knowing that criminal laws are tough on offenders. Florida criminal statutes classify most violent crimes as felonies, leading to lengthy prison sentences, hefty fines, and serious legal consequences. However, many crime victims don’t realize they have another legal remedy in civil court. It is possible to pursue a civil lawsuit against the attacker or other responsible parties, even if a criminal case is pending.

Because these cases are complicated, it is essential to retain a Miami crime victims lawyer who will aggressively pursue all at-fault parties. Plus, you can read on for the basics about how crime victims can sue for compensation in Florida.

Comparing Civil Claims from Criminal Cases in Florida

Mistakes That Can Hurt Your Wrongful Death Lawsuit in Miami

Published on: July 11, 2025 | by Gerson & Schwartz, P.A.

Fatal accidents are devastating for survivors, so it is a relief to know that you have rights. Under the Florida wrongful death statute, certain individuals can recover compensation for the losses they sustain. The deceased person’s representative can file a wrongful death case on behalf of the surviving spouse, children, and others listed in the statute.

These cases are complicated, but you can trust a Miami wrongful death attorney to help you avoid the biggest mistakes that can hurt your lawsuit. They include:

Delaying Legal Action After a Fatal Accident

How Long Do Wrongful Death Cases Take to Settle?

Published on: February 7, 2025 | by Gerson & Schwartz, P.A.

Losing a loved one due to someone else’s negligence is devastating, changing your life in ways you never expected. When facing such overwhelming loss, you may gain some comfort knowing that you have rights under Florida law. Your legal remedy is termed a wrongful death claim, and you will go through the legal process to recover compensation. One major factor that affects the timeline of a lawsuit is Florida’s statute of limitations for wrongful death cases. You have two years to file a case in court.

However, there are many other considerations when looking at how long it takes to resolve a wrongful death case. Your Miami wrongful death lawyer can explain how the following issues may affect the process.

Factors That Influence Wrongful Death Cases

Who is a Party in Florida Wrongful Death Case?

Published on: October 25, 2024 | by Gerson & Schwartz, P.A.

Losing a loved one in an accident is an unimaginable tragedy, but there are implications beyond the grief. In the aftermath, financial losses come to the forefront, leaving you with questions about seeking compensation. Florida’s Wrongful Death Act allows certain individuals to file a wrongful death lawsuit to recover monetary damages for these losses. If someone else’s negligence caused your loved one’s passing, you may have a claim.

An important factor regarding your rights is who can be a party in a Florida wrongful death case. There are legal requirements, and you must comply with the rules in order to obtain the compensation you deserve after suffering such a horrific loss. A Miami wrongful death lawyer will ensure your case stays on track, whether through settlement discussion or litigation. You can also benefit from some information about the laws.

Standing in Wrongful Death Cases

How Long Do I Have to Sue for Wrongful Death in Florida?

Published on: March 29, 2024 | by Gerson & Schwartz, P.A.

Accidents and careless conduct cause injuries to millions of victims every year, but these unfortunate incidents can also be tragic when they lead to fatalities. Victims of all ages are killed when others are negligent, failing to exercise reasonable care. At-fault parties cause traffic crashes, slip and falls, construction accidents, medical malpractice, and many other deadly incidents. It is fortunate that you have legal options to recover compensation as a survivor through a wrongful death claim. However, you should also be aware of deadlines under Florida’s statute of limitations.

The statute of limitations can have harsh consequences if you take too long to pursue your remedies, but moving quickly is also important for many other reasons. You should discuss your options and the claims process with a Miami wrongful death lawyer to ensure you do not miss critical deadlines. Plus, it is also useful to review some details about how long you have for a wrongful death case.

Deadlines Under Florida’s Statute of Limitations

Does the Court Need to Approve a Florida Wrongful Death Settlement?

Published on: July 14, 2023 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death in the US, and a factor that makes them even more tragic is that they are preventable. Negligence by others is the reason behind motor vehicle crashes, slip and falls, medical malpractice, dog bites, and related incidents. Fortunately, Florida’s wrongful death law allows surviving family members to seek damages from the negligent party. Your first step in the legal process is usually filing an insurance claim and attempting to settle, but you may need to go to court if the insurer does not agree.

There are numerous benefits to settling a wrongful death case, and the majority of claims are resolved by agreement. However, when you are taking legal action, you probably wonder about the court’s involvement in your settlement discussions. There are laws and procedural rules that cover these cases, and you do not want pitfalls to stand in the way of enforcing your rights. While it is important to retain a Miami wrongful death attorney for help, some information on court approval of settlements is useful.

Court Approval for Settlements

Two Children Die in Drowning Accident at Miami Airbnb

Published on: June 16, 2023 | by Gerson & Schwartz, P.A.

South Florida is a popular vacation destination for its weather, beaches, and water attractions, but a recent story is a reminder of how quickly a fun time can turn tragic. According to a Miami’s NBC News Channel 6 report, two children were found unresponsive in a backyard pool early on June 30, 2023. Hollywood Police and Hollywood Fire Rescue responded to the 911 call and provided first aid at the scene before transporting the victims to Joe DiMaggio Children’s Hospital. NBC later reported that the two children died at the hospital.

Officials will continue to investigate how these horrific drownings occurred, but an important point may affect how the grieving family moves forward with legal options. The subject property is an Airbnb, and the victims were among the guests. Fortunately, there are options to pursue negligent property owners, including those who make money through home-sharing services. It is essential to retain a Miami swimming accident lawyer for help with legal tasks, but some background is also useful.

Legal Obligations of Property Owners

Why Time Between an Accident and the Victim’s Death Matters in Florida

Published on: February 10, 2023 | by Gerson & Schwartz, P.A.

When someone is killed in an accident, there may be two types of legal claims by surviving family members. One is wrongful death, in which they are seeking compensation not as actual victims of the incident – but as victims of the aftermath due to the void left behind by their loved one’s death. The other is a right of survival action under Florida law, which views the deceased person as the victim. The statute provides that the power to sue the at-fault party for negligence continues even after the death, where the victim could have pursued a lawsuit if he or she had lived.

Wrongful death and survival actions might seem similar, but you can see how the laws define the victim of a fatal accident differently depending on the approach. This factor is especially important when a significant amount of time has passed from the date of the accident to the date of death. You can learn details by consulting with a Miami wrongful death lawyer.

Survival Actions and Noneconomic Damages

How Damages Work in a Florida Wrongful Death Case

Published on: August 26, 2022 | by Gerson & Schwartz, P.A.

Americans enjoy a rather long life expectancy at around 79 years old, but accidents are a common reason that this duration may be cut short. According to the US Centers for Disease Control and Prevention (CDC), almost 214,000 people are killed every year because of unintentional injuries, many of which are preventable. There is a common assumption that car accidents are a top cause of fatalities, and motor vehicle collisions do rank high. However, with the opioid crisis and widespread availability of fentanyl, unintentional poisonings take the #1 spot.

Losing a loved one is tragic, but the resulting financial implications affect your life in ways you did not expect. Florida wrongful death laws do provide you with legal remedies, so you may qualify to recover compensation after a horrific accident. A Miami wrongful death lawyer will handle all important legal tasks, and some information on monetary damages is also helpful.

Compensation in Fatal Accident Claims

South Florida Swimming Pool Accident Claims Three Lives

Published on: March 11, 2022 | by Gerson & Schwartz, P.A.

Law enforcement officers continue to investigate a swimming pool accident that led to the deaths of a young father and his two children, looking for answers as to how such a tragedy could occur. According to a February 24, 2022 article posted by South Florida’s Local 10 News, the gruesome scene was discovered by the man’s wife and children’s mother. Upon her return from work in the late afternoon, she found all three victims floating in the family’s backyard pool. Though she called 911 right away, it was too late for the three individuals who drowned.

A police spokesperson mentioned that foul play was not suspected, and that the incident appeared to be a tragic accident. However, accidents happen for a reason. When there is no evidence of direct misconduct, it may come to light that defective pool equipment is to blame. If so, the manufacturer is a potential party that a Miami swimming pool accidents attorney would pursue for compensation. An overview may help you understand how liability works in such cases.

Defective Pool Equipment in Swimming Pool Accidents