We understand recovering from a loved one’s death can be challenging, especially if a negligent party caused their fatal injuries. In addition, wrongful death can profoundly impact your family’s finances, especially if the victim was the main income earner.
Instead of attempting to make ends meet while you grieve, trust our experienced team of Miami wrongful death lawyers to help during this difficult time. We can help you seek compensation, file a wrongful death action, and guide you through the legal process.
You have suffered the ultimate loss, and the attorneys at our personal injury law offices will work to secure justice for you.
Circumstances That Constitute a Wrongful Death
Death resulting from reckless, willful, or negligent acts qualifies as wrongful death. For example, nursing home abuse or reckless driving actions may result in a fatal accident which qualifies for a case.
The chosen personal representative may file lawsuits to obtain compensatory damages and relief from emotional and financial losses. A Miami wrongful death lawyer is ready to fight for fair compensation for losing your loved one.
How Long You Have To File a Wrongful Death Action in Florida
After you lose someone you love, under Florida wrongful death statutes, you have two years to file a personal injury lawsuit. We recommend you file a claim as soon as you can.
According to Florida Statutes § 768.20, only the personal representative can file the wrongful death claim. The deceased person must have listed the representative in their estate plan.
If not, the court will determine who the person is responsible for the deceased person’s estate. Depending on the details of the fatal accident, you may have an extended amount of time to file a claim. An attorney at our legal office in Miami can tell you exactly how long you have to file.
How Elements of Negligence Benefit Your Claim
A claim must meet certain criteria to qualify as wrongful death. The four elements of negligence must be present:
- Negligence: Your lawyer must prove that negligence, carelessness, or a lack of a duty of care caused your loved one’s death.
- Breach of duty: It must be established that the defendant owed a “duty” to your loved one. For example, drivers must drive safely and obey all traffic laws. If a motorist caused a fatal injury while driving under alcohol, the driver has breached their duty and may be considered the responsible party in your family member’s death.
- Causation: Causation must prove how the defendant’s negligent acts caused the deceased person’s death.
- Damages: Your loved one’s death had to have caused damages meaning that you’ve suffered monetary and non-economic damages losses. Damages include hospital costs, medical expenses, funeral expenses, burial expenses, loss of future wages, loss of companionship, punitive damages, mental pain, and loss of services.
If these elements are present, you qualify to file a personal injury claim against the parties who committed the wrongful actions. If the responsible party did so intentionally, you could recover punitive damages with the help of an attorney for the traumatic experience you went through.
Types of Wrongful Death Cases We Handle
We have experience with all types of wrongful death cases. Some of the most common include:
- Medical malpractice: Medical professionals often face claims when patients die because of negligence or care that doesn’t meet the medical standard. Medical malpractice claims are typically filed against hospitals, doctors, nurses, and pharmacists.
- Dangerous products: If a product causes an unexpected death, the manufacturer could be liable for the damage. This includes defective vehicles, prescription medications, and many others.
- Manufacturing defects: Companies must ensure that their products are manufactured correctly. A company producing a defective product could be liable for injuries and deaths.
- Trucking accidents: Trucking companies ensure that drivers operate trucks safely. They also have a responsibility to maintain their equipment properly. Trucking companies could be liable if these duties are not met, and a truck accident occurs.
- Wrongful deaths caused by governmental acts: Government agencies such as police departments, fire departments, and emergency services must follow certain procedures to protect citizens. However, when these agencies fail to provide this standard of care, they could be liable for wrongful deaths.
- Pedestrian accidents: Pedestrians are vulnerable road users prone to being struck by cars. The family of the victim of pedestrian accidents should receive compensation for their loved one’s physical and mental pain, suffering, and medical bills.
- Bus accidents: Bus operators are legally obligated to keep their buses safe and secure. Bus operators could be liable for accident injury victims if they fail to meet this obligation and cause a bus accident.
- Fire: Firefighters are obligated to respond to fires quickly and effectively. If they fail, they could be held accountable for any resulting injuries or deaths.
- Boating accidents: Boaters must comply with all boating laws and regulations. They could be found negligent and liable for damages if they violate these requirements.
- Motorcycle accidents: Motorcyclists risk injury or even death if they are involved in an accident with another vehicle. Motorcycle accident wrongful death victims should seek legal counsel from a personal injury attorney.
- Car accidents: Car accidents are one of the most common types of motor vehicle accidents. Injuries in car accidents include broken bones, internal organ damage, spinal cord damage, traumatic brain injury (TBI), and more.
- Nursing home abuse or neglect: Nursing homes must provide adequate care for residents. If nursing home staff fail to meet this requirement, you could sue them for negligence.
- Drownings and other swimming pool accidents: Swimming pools can cause serious injuries or even death. Minor children are especially susceptible to drowning because they cannot swim well.
- Animal attack: Animals can inflict serious injuries on humans through biting. For example, dogs bite people every year. If a dog bites you, you could sue the animal owner.
- Workplace accidents: Workplaces are often dangerous places where workers face many risks. These risks include workplace hazards like machinery, chemicals, and unsafe working conditions. Employees injured in work-related accidents should consult with an accident lawyer about filing a claim against their employer.
This is a sample of the cases we accept. If your case is not on this list, you can call us to see if our Miami Beach wrongful death attorneys can help you seek justice for your loved one.
What To Expect from a Wrongful Death Lawyer
If you decide to proceed with a wrongful death claim, we will evaluate your case and explain its cost. We also explain how much money you could receive as a result of a successful outcome.
We will handle everything related to the case, including:
Conducting an Investigation
Our Miami wrongful death lawyers will conduct a thorough investigation. We can perform the following tasks:
- Examining police reports
- Collecting and analyzing physical evidence such as medical records
- Interviewing witnesses
- Consulting with experts such as accident re-constructionists, medical experts, and trial lawyers
As we gather evidence, we work to craft a compelling case on your behalf. We’ll then use this evidence to hold the negligent person responsible while fighting for your recovery of monetary damages and non-economic damages.
Negotiating With the Insurance Company
Dealing with the insurance company after you lose someone you love can add to the already difficult situation, but it’s an essential step toward justice.
Our lawyers will be there to stand up for you and your settlement. We’ll provide legal advice and defend you from the tactics the insurance adjuster uses to lower your compensation. And if the insurer won’t give you a fair deal or questions the emotional trauma you went through, we are prepared to take your case to trial.
Communicating Regularly With You
Your personal injury lawyer will always update you on your case status. You will never be kept in the dark. We’ll stay in touch with you, giving you the best chance of recovering the maximum compensation.
Whenever you have questions, you can get in touch and ask them. We remove any fear and complexity in the legal process and fight for fair compensation on your behalf.
How Much a Wrongful Death Lawsuit Is Worth
We understand financial challenges increase when a loved one dies. That’s why we offer a free consultation to discuss your options and determine what it would cost to pursue a wrongful death case.
Although we will fight for every client, we cannot guarantee any particular result. This is because every case is different. However, we work tirelessly to help you recover fair compensation for your loss. We remove any fear and complexity and fight for fair compensation on your behalf.
Call Today for a Free Consultation
If you are looking for representation to take legal action on your behalf, our team at The Law Offices of Anidjar and Levine works on a contingency fee basis. This means you don’t pay us unless you get compensation for your loss.
At our Miami personal injury law firm, our wrongful death attorneys understand what is at stake when you lose a loved one. So, get the legal services you need today by contacting our legal team and get help filing your legal claim today. Contact us for a free, no-obligation review of your case.
We Can Help.
