Wrongful Death

wrongful

Nothing is as devastating to a family as the unexpected death of a loved one. Worse yet is when the death was avoidable and occurred due to the negligence and carelessness of a person or company. The impact of the sudden loss of a loved one will always have unimaginable emotional and financial consequences to the victim’s children and family. In the tragic moment when a family member is lost as a result of the negligence of another, the survivors have the right to file a lawsuit to seek compensation for the loss. The families of a lost loved one can rely on our Wrongful Death Attorney in Fort Lauderdale and Miami, to assist them during their time of need.

The Fort Lauderdale medical negligence attorneys at Roselli & Associates. P.A.  have defended the rights of families for more than 20 years. Using our experience and persistence, our compassionate team of  South Florida wrongful death lawyers has successfully litigated a number of cases.  Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. A south Florida wrongful death attorney from Roselli & Associates. P.A. knows these Florida statutes well and can successfully navigate your family through the intricacies of the system. A wrongful death can occur from numerous events ranging from medical negligence, motor vehicle accidents, work related accidents, unsafe products or a variety of other incidents that result in the death of a person. In a wrongful death action, the jury determines the amount awarded after hearing the evidence. The jury’s determination is not the final word, however, and the size of the award may be adjusted upward or downward by the court for a variety of reasons.  The wrongful death attorneys at Roselli & Associates in south Florida will conduct our own investigation working with experienced accident investigators and medical experts to find the truth.

Financial injury is the main measure of damages in a wrongful death action. Courts have interpreted the financial or “pecuniary injuries” as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses.  The court considers the age, character and condition of the decedent, their earning capacity, life expectancy, health and intelligence, as well as the circumstances of the family member(s) bringing the claim. This determination may seem straightforward, but it often becomes a complicated inquiry.  That is why consulting with one of our wrongful death attorneys in Fort Lauderdale, Florida is imperative In order to bring a successful wrongful death cause of action.

At Roselli & Associates. P.A. our South Florida wrongful death lawyers recognize that handling these cases require an aggressive and thorough investigation along with a compassionate understanding of the needs of our client during the difficult period that follows.

Our hard work and commitment to seeking justice for our clients and their loved ones, is the driving force behind our reputation and our success in obtaining significant recoveries for our clients.

By hiring a South Florida wrongful death lawyer from the Roselli & Associates Personal Injury Law Firm you can be assured that we will take care of all the paperwork, research, and answer all of your questions. Please contact us for your free and confidential consultation with one of our wrongful death attorneys in Fort Lauderdale, Florida. We can help you answer any questions and tell you how to handle the case.

 

Other Cases of Interest

Wrongful Death Of 4 Year Old Boy Who Wandered Into Apartment Complex Pool

Confidential Settlement

Estate of Odnel F. v. Homestead Apartment Complex
Homestead, Miami-Dade County, Florida
Attorney for Plaintiff: Robert M. Roselli

In a matter of minutes, the life of a young Homestead family was turned upside down when their four year old son, Odnel, wandered into the unguarded pool of their apartment complex, fell into the water and drowned. Revived by paramedics and rushed to Miami Childrens Hospital, Odnel held on for more than two weeks until his frail body finally succumbed to the catastrophic brain damage he suffered. A wrongful death lawsuit was brought by attorney Robert M. Roselli on behalf of Odnel’s devastated parents, seeking justice for the untimely death of the boy which could have been avoided had the apartment complex and the apartment manager simply replaced the rusty padlock and latch. Ultimately, a substantial confidential settlement was reached for the family.

Mother Dies Hours After Giving Birth

Confidential Settlement

Estate of Connie C. v. South Florida OBGYN
Broward County, FL
Attorney for Plaintiff: Robert M. Roselli

Connie was a loving wife and mother looking forward to the birth of her second child. Unfortunately, her doctor ignored Connie’s history of pre-eclampsia during her first pregnancy and failed to take appropriate steps when she developed this condition during her second pregnancy. Connie’s tragic and avoidable death just hours after giving birth left a new born motherless and her husband and six year old son emotionally devastated.

A lawsuit was brought against Connie’s Obstetrician/Gynecologist (OBGYN), resulting in a substantial recovery for her husband and children. Although no amount of money can compensate for the loss of a wife and mother, at least it may ease the burden of the financial consequences.

Sidewalk Altercation Leads To Wrongful Death Of 43 Year Old Honduran Immigrant

$2,075,000 Recovery

Estate of Mario C. v. Telephone Marketing Co.
Fort Lauderdale, Broward County, Florida
Attorney for Plaintiff: Robert M. Roselli

Mario C., a forty three year old Honduran immigrant, suffered massive head injuries and ultimately died after he was pushed to the ground during a sidewalk encounter with a door to door salesman selling long distance telephone service. Because Mario was intoxicated and unable to give his side of the story, the police concluded that the salesman acted in self defense. Attorney, Robert M. Roselli was retained by Mario’s sister on behalf of Mario’s grieving sons who were living in Honduras. A lawsuit was immediately filed against the marketing company that employed the salesman and the long distance carrier alleging negligent hiring, training and supervision. Liability was denied. During discovery and depositions it was revealed that the salesman also worked as a nightclub bouncer and was actually still in training and accompanied by his supervisor at the time of the altercation. Aggressive investigation also led to the identification of an independent eyewitness that refuted Defendants’ contention that Mario was the aggressor. Ultimately, Mr. Roselli obtained for Mario’s sons a recovery of over $2 million dollars and the Justice they deserved.

Published: Florida Jury Verdict Review & Analysis Vol. 16, Issue 9, September 2006

Dosage Error By Pharmacy Causes Death Of 83 Year Old

$432,000 Recovery

Estate of John K. v. National Pharmacy Chain
Union County, Georgia
Attorney for Plaintiff: Robert M. Roselli

Roselli & Associates represented Mrs. K, the widow of an eighty-three year old Georgia man who was diagnosed with gout and prescribed Colchicine to relieve his foot swelling and pain. Mrs. K filled the prescription at a nationally known pharmacy where the pharmacist negligently gave incorrect instructions that called for taking the tablets every two minutes instead of every two hours. Sadly, Mr. K took the medication "as directed" and became gravely ill from the overdose, suffered a stroke and died shortly thereafter. A settlement for Mr. K’s grieving widow was reached with the pharmacy in excess of Georgia’s $350,000 cap on non-economic damages.

Like Florida, the state of Georgia has recently enacted unjust laws limiting compensation for victims and their families while protecting the state’s corporate and medical elite.

Drowning Is The Leading Cause Of Child Deaths In Florida

Confidential Settlement before Trial

Estate of Dayanne F. v. Homestead Apartment Complex
Homestead, Miami-Dade County, Florida
Attorney for Plaintiff: Robert M. Roselli

In a matter of minutes, four year-old Dayanne and her sister wandered away from their apartment and into the unlocked pool area at their apartment complex. Seconds later, Dayanne was under water. The apartment complex and its manager were emphatic that the gate was locked and secured and blamed Dayanne’s death on her grieving mother. Immediate action by Attorney Robert M. Roselli, to preserve key evidence and testimony, proved the pool was merely "secured" by a damaged gate, rusty chain and open padlock. Depositions of local police officers revealed frequent prior occasions when the gate was left unlocked and unguarded. While no amount of money can compensate for the loss of a child, a confidential settlement was negotiated before trial on behalf of the grieving mother.

 

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