Losing someone because of another person's negligence means grieving that comes with paperwork, phone calls, and decisions no one is ready to make. Bills arrive. Insurance companies reach out. Legal deadlines start running before you have had time to process what happened.
None of that is fair. But it is the reality families in Homestead face when a car accident, a medical error, or a preventable workplace incident takes someone they love.
Attorneys Martin Berger and Zachary Hicks handle these cases personally because families going through this kind of loss need to talk to the Homestead wrongful death lawyers who are actually working on their case, not someone reading from a file.
Call (305) 670-7050 for a free consultation. There are no fees unless we recover compensation for your family.
Schedule Your ConsultationWhy Florida Families Trust Berger & Hicks, P.A.’s Wrongful Death Attorneys
Wrongful death cases carry weight that goes beyond the legal strategy. The family on the other side of the table is grieving, and they need an attorney who treats the case with the seriousness and care it requires.
Berger & Hicks, P.A. does not handle these cases on volume. The firm is selective about the wrongful death claims it accepts, so that every family receives the focused attention, thorough preparation, and direct attorney involvement that these cases demand.
Your Family Works With the Attorneys, Not a Support Team
Martin Berger and Zachary Hicks manage wrongful death cases themselves. They meet with the family, review the evidence, coordinate with investigators and experts, and handle negotiations or trial preparation directly.
In a case this personal, you deserve to know the person handling it by name.
Bilingual Support When It Matters Most
Grief is hard enough in your first language. Zachary Hicks is fluent in Spanish, having developed his language skills during his service in the Peace Corps. Spanish-speaking families in Homestead communicate directly with their attorney about every aspect of their case, from the probate process to settlement discussions, without relying on interpreters.
We Are Prepared to Go to Trial When Necessary
Some wrongful death claims resolve through negotiation. Others require the willingness to go to court. Berger & Hicks, P.A. takes cases before juries and has built credibility with judges across southern Miami-Dade County.
Martin Berger's 32 years of experience and AV Preeminent rating, combined with Zachary Hicks' 21 years of experience and Super Lawyers recognition, give the firm the litigation foundation that wrongful death cases demand.
What Is a Wrongful Death Claim Under Florida Law?
A wrongful death claim exists when someone dies because of the wrongful act, negligence, or default of another person or entity. Under Fla. Stat. § 768.19, if the person who died would have been able to file a personal injury lawsuit had they survived, their estate may bring a wrongful death claim instead.
This means wrongful death cases in Homestead may arise from a range of circumstances:
- A fatal car accident caused by a distracted or impaired driver
- A medical error that went undiagnosed until it was too late
- A dangerous property condition that a landlord or business owner failed to fix
- A workplace incident involving unsafe equipment or inadequate safety measures
The legal claim does not replace the loss. Nothing does. What it does is hold the responsible party accountable and provide financial support for the people who depended on the person who died.
Who Is Allowed to File a Wrongful Death Lawsuit in Florida?
Florida law does not allow individual family members to file wrongful death lawsuits on their own. Under Fla. Stat. § 768.20, only the personal representative of the deceased person's estate may bring the claim.
The personal representative files on behalf of both the estate and all surviving family members who are entitled to damages.
Who Is the Personal Representative?
If the person who died had a will, the personal representative is usually the person named in that document. If there is no will, the court appoints one, often a surviving spouse or adult child.
This appointment happens through probate, and it must be in place before the wrongful death lawsuit may proceed.
Who Qualifies as a Survivor?
Florida's Wrongful Death Act defines "survivors" as specific categories of family members. Under Fla. Stat. § 768.18, survivors include:
- The deceased person's spouse
- The deceased person's children, including adopted children
- The deceased person's parents
- Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services
One detail that surprises many families is how Florida defines a "minor child" in wrongful death cases. In non-medical malpractice cases, adult children over 25 may recover for lost parental companionship and guidance if there is no surviving spouse
Questions? Contact a wrongful death lawyer in Homestead at (305) 670-7050 for a free consultation
Ask Berger & Hicks, P.A.
Q: My family member just died in an accident. What do we do first?
A: The first practical step is to preserve any evidence connected to the death, including police reports, medical records, and photographs. The next step is consulting an attorney who handles wrongful death claims. An attorney may help your family navigate the probate process, identify the right personal representative, and begin the investigation before critical evidence is lost.
Q: What if the insurance company has already contacted our family after the death?
A: You are not required to give a recorded statement or accept any offer. What you say to an insurer early in the process may be used later to reduce or deny the claim. Speaking with a wrongful death attorney before responding to the insurance company may protect your family's right to fair compensation.
Q: Can we file a Florida wrongful death claim if there is also a criminal case?
A: Yes. A wrongful death lawsuit is a civil claim that proceeds separately from any criminal prosecution. The two cases have different burdens of proof. A family may recover compensation in a civil wrongful death case even if the responsible party is never charged or convicted in criminal court.
What Damages May Surviving Family Members Recover?
The damages available in a Florida wrongful death case depend on the survivor's relationship to the person who died. Fla. Stat. § 768.21 breaks compensation into categories based on who is claiming it and what they lost.
What May the Surviving Spouse Recover?
A surviving spouse may recover the value of lost support and services the deceased provided, both from the date of injury through death and into the future. The spouse may also recover for loss of companionship, comfort, and guidance, as well as mental pain and suffering from the date of the injury that caused the death.
What May the Children Recover?
Children under 25 at the time of the parent's death may recover for lost parental companionship, instruction, and guidance, as well as mental pain and suffering. Adult children over 25 may recover for lost parental companionship and guidance if there is no surviving spouse.
What May the Parents Recover?
Parents of a deceased minor child may recover for mental pain and suffering. In non-medical malpractice cases, parents of a deceased adult child may recover for mental pain and suffering only if the adult child had no other survivors, such as a spouse or children
What May the Estate Recover?
The personal representative may recover on behalf of the estate for the deceased person's lost earnings from the date of injury to the date of death, loss of future net accumulations the estate would have received, and medical or funeral expenses that became a charge against the estate.
How Does a Wrongful Death Investigation Differ From a Personal Injury Case?
In a personal injury case, the injured person is the primary witness. They describe what happened, how the injury affects their daily life, and what their recovery looks like.
In a wrongful death case, that central voice is gone. The entire investigation must be built around evidence and testimony from other sources.
The Person Who Was Harmed Is Not Available to Testify
This is the most significant difference between a wrongful death case and a personal injury case. The deceased person cannot describe the moments before the accident, identify what went wrong, or explain the pain they experienced.
The case must rely on police reports, medical records, witness accounts, surveillance footage, expert reconstruction, and physical evidence to establish what happened and who was responsible.
Evidence Preservation Becomes More Urgent
Evidence in a wrongful death case often disappears faster than in a personal injury case. The family is focused on grief and funeral arrangements, not on requesting surveillance footage or securing accident scene photographs. Meanwhile, the at-fault party's insurer may already be gathering its own evidence.
A wrongful death attorney in Homestead who begins the investigation early may send preservation letters, obtain records before they are discarded, and document the scene before conditions change.
The Damages Calculation Shifts From One Person to Many
A personal injury claim calculates damages based on what the injured person lost. A wrongful death claim calculates damages based on what multiple survivors lost.
Each surviving family member may be entitled to different categories of compensation under Fla. Stat. § 768.21, and the estate has its own separate claim for lost earnings and net accumulations.
Building the full picture of financial and personal loss across every survivor requires careful coordination between the attorney, the personal representative, and each family member.
The Personal Representative Carries a Legal Responsibility the Family May Not Expect
In a personal injury case, the injured person makes decisions about their own claim. In a wrongful death case, the personal representative makes decisions on behalf of the entire family and the estate.
That role carries real legal obligations, including identifying all potential survivors, managing the probate process, and ensuring that every category of damages is properly pursued. Families who have never been through probate often do not realize how much this role involves until they are already in it.
FAQs for Berger & Hicks, P.A. Homestead Wrongful Death Lawyers
What if the person who caused the death was also killed in the accident?
A wrongful death claim may still be filed against the deceased at-fault party's estate. Under Fla. Stat. § 768.20, the wrongdoer's personal representative becomes the defendant if the responsible party dies before or during the lawsuit. Insurance coverage held by the deceased at-fault party may also apply.
What if a criminal case is already pending against the person who caused the death?
A wrongful death lawsuit is a civil claim, separate from any criminal prosecution. The two cases proceed independently. A criminal conviction is not required to file or win a civil wrongful death case. The burden of proof in a civil case is lower than in a criminal case, meaning a family may recover compensation even if the responsible party is not convicted.
What if my loved one was partly at fault for the accident that caused their death?
Florida's modified comparative negligence law applies to most wrongful death claims. If the deceased person was 50% or less at fault, the surviving family's recovery is reduced by that percentage; if greater, the claim may be barred. One exception exists for wrongful death arising from medical malpractice, where pure comparative negligence still applies.
How long does a wrongful death case take to resolve?
Timeline varies depending on the complexity of the case, the number of liable parties, and whether the case settles or goes to trial. Berger & Hicks, P.A. provides timeline guidance specific to each family's situation during the initial consultation.
What happens to the compensation recovered in a wrongful death case?
Compensation is distributed according to the categories outlined in Fla. Stat. § 768.21. Each survivor receives the damages they are individually entitled to based on their relationship to the deceased. Estate damages are handled separately through probate. The personal representative, with guidance from the attorney, manages the allocation process.
One Conversation May Help Your Family Understand What Comes Next
Right now, the legal process probably feels like the last thing you have energy for. That is understandable. But the decisions your family makes in the weeks and months after a wrongful death affect what options remain available later.
Evidence gets harder to preserve. Deadlines move closer. Insurance companies begin building their defense whether your family is ready or not.
A free consultation with Berger & Hicks, P.A. gives your family a chance to ask questions, understand your rights under Florida law, and hear an honest assessment of whether a wrongful death claim may apply to your situation.
Martin Berger and Zachary Hicks will speak with you directly. There is no pressure, no obligation, and no fee unless the firm recovers for your family. Call (305) 670-7050 when you are ready to speak with a Homestead wrongful death attorney.
Past results do not guarantee future outcomes.
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