Miami Wrongful Death Attorney
The untimely death of a loved one can have a profound effect on your family financially, emotionally, and in ways that exceed your ability to understand. If the death was a result of an accident caused by someone else’s negligence or wrongdoing, filing a wrongful death lawsuit can help your family recover the compensation you need to cover financial losses resulting from your loved one’s death and to move on with your lives in a meaningful way.
Under Florida’s Wrongful Death Act, certain persons are entitled to recover monetary damages for the losses they have suffered as a result of a loved one’s wrongful death. If you think that you may be eligible to file a wrongful death claim, you should speak with an experienced Miami wrongful death attorney to discuss your legal options. Call Lorenzo Lawat (305) 999-5411 for the answers you need.
What Is A Wrongful Death In Florida?
In Florida, a wrongful death is defined as a death caused by someone else’s negligence, wrongdoing, or breach of contract. Common causes of Miami wrongful deaths are as follows:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boating accidents
- Work-related accidents
- Slip and fall accidents
- Medical malpractice
- Nursing home abuse
- Criminal acts
If you have lost a loved one in any of these ways, no amount of money can relive your grief and suffering. However, a wrongful death lawsuit can provide you and your family with the resources you need to move on with your lives without the financial stress that often accompanies the untimely death of a family member.
Proving Wrongful Death In Florida
Under Florida law, wrongful death requires the following elements to the proven:
- The victim’s death was caused by the negligence, wrongful act, or breach of contract of another
- The wrongdoer’s actions or inaction was a substantial factor or probable cause of the death
- The surviving family members and/or the victim’s estate have suffered losses as a result of the death
Furthermore, each of the above elements must be proven by “a preponderance of the evidence”. In other words, you must show that each of the above elements ismore likely than notto be true.
Who Can File a Wrongful Death Lawsuit in Miami, FL?
In Florida, both the victim’s estate and his or her surviving family members are entitled to bring a wrongful death lawsuit to recover damages. For this reason, there are two parts to a Miami wrongful death lawsuit.
First, the personal representative of the victim’s estate may file a wrongful death claim on behalf of the estate. Second, the victim’s surviving spouse, children, parents, and other blood or adoptive relatives who depended on the deceased, may file a wrongful death claim to recover compensation for their individual losses.
Accordingly, there are also essentially two categories of damages available in a Miami wrongful death lawsuit:
- The damages available to the victim’s estate, including:
- Compensation for the victim’s final medical expenses
- Loss of income to the victim’s estate
- Compensation for the victim’s pain and suffering
- Funeral and burial expenses
- The damages available to the victim’s surviving family members, which may include compensation for the following losses:
- Funeral and burial costs paid
- Loss of the deceased person’s financial support and household services
- Loss of the deceased person’s love, affection, and companionship
- Loss instruction and guidance
- Loss of consortiums (spouses)
- Compensation for the family member’s mental pain and suffering
Furthermore, the court may award punitive damagesas a way of punishing the wrongdoer for particularly egregious behavior and to discourage others from exhibiting similar conduct in the future.
The Statute Of Limitation For A Miami Wrongful Death Claim
There are strict deadlines within which you must initiate a legal action for a wrongful death claim in Florida. Most wrongful death claims must be filed within two years of the date the death occurred. There are very few exceptions to this deadline. So, if you think you are eligible to file a Miami wrongful death claim, it is important to speak with an attorney right away.
Working With A Miami Wrongful Death Attorney
Wrongful death cases are very complex and require the help of a qualified wrongful death attorney. When choosing a wrongful death attorney in Miami Dade County, or the surrounding area, you should look for someone who is both highly experienced and knowledgeable in the area of Florida wrongful death law.
An experienced Miami wrongful death attorney will help you determine who may be liable for your loved one’s death and what damages may be available to you. What’s more, a good wrongful death lawyer will also talk to you about the emotional cost of the lawsuit.
Financial security is important, but it is not the only consideration when deciding whether to engage in the legal process. A lawyer who cares about you and your family will be open and honest with you about more than just the money.
Contact Lorenzo Law: Miami Wrongful Death Attorneys
If you have lost a family member in an accident caused by someone else, you are probably feeling a lot of resentment and frustration along with your grief. A wrongful death lawsuit will allow you to hold the wrongdoers accountable for their actions and help to prevent this kind of tragedy from happening again.
To speak with an experienced wrongful death lawyer who knows what your family is going through at this stressful period of time, contact Lorenzo Law today to schedule a consultation with one of our top-notch Miami wrongful death attorneys. Call our law offices at (305) 999-5411, or get in touch with us onlineto schedule for a free consultation.