Miami Wrongful Death Lawyer
Did You Lose A Loved One To Wrongful Death in Miami?
Our Miami Wrongful Death Lawyer Can Help You Receive Compensation, if someone is Responsible for the Death of your Beloved, Intentionally or Unintentionally.
The sudden death of a beloved can be devastating, mainly due to someone else’s careless act or behavior. Moreover, things can get even worse when you and your family were dependent on them financially. Simply stated, the wrongful death of a loved one can leave you behind to cope with grief and worried about your financial future. However, according to the states’ law, you have the right to file a wrongful death claim and compensate for your loss.
The process can be complicated and hard to navigate through, but with our Miami wrongful death attorney by your side, you don’t have to worry about anything. Our lawyer will handle the entire process helping you move forward in life with strength and financial security.
Shocking Wrongful Death Statistics in Miami
It’s sad to see that the statistics quoted for wrongful deaths in the US are shocking. For instance:
- In the state of Florida (including Miami), more than 10,000 people lose their lives because of medical malpractice
- Approximately three million are injured in traffic accidents while almost 40,000 people died in them
Although money can’t bring back the deceased, a wrongful death lawyer Miami can make sure that you get compensated for the financial consequences and your endless pain and suffering. At Shiner Law Group, we strive to see your family financially protected and get closure by bringing the responsible parties to justice.
Types of Miami Wrongful Death Cases
A wrongful death claim can arise in any situation. Some common types of cases include:
Automobile accidents are one of the most common types of fatal accidents resulting in wrongful death claims. According to the National Safety Council, in 2018, an estimated total of 40,000 traffic fatalities occurred.
The majority of the car accidents occurred because due to the negligent actions of the person behind the wheel. These included acts such as speeding, driving under the influence of drugs or alcohol, tailgating, and distracted driving.
Doctors are also humans, and they too make mistakes. However, sometimes these mistakes occur due to their negligence and carelessness. So, if a mistake occurs because of misdiagnosis, medication errors, and incorrect treatment or during surgery, and becomes fatal, costing a life of an innocent person, then these cases qualify for malpractice claims.
Manufacturers of goods are required to ensure product testing for user safety. They must conform to safety and testing guidelines and industry regulations to 100 percent sure that their products are not defective and safe for public use. This is because a defective product is inherently dangerous.
Defective products can range from toxic food and containers, drugs, vehicle parts, and children’s products. Whatever the defective product may be, the manufacturer shall be held responsible for any deaths associated with such product use.
Property owners in and across Miami are legally responsible for keeping their properties safe and free from potential hazards that can injure someone or result in their death. Therefore, if you’re loved one died in a premise liability accident such as due to a slip and fall or being struck against an object, then you have a wrongful death case.
Accidents at Workplace
Nearly 5,250 fatalities occurred in different workplaces countrywide in 2018. This shows a 2% increase from the 5,147 fatal workplace injuries recorded in the year 2017. Among the most common workplace accidents that led to employee death were:
- Struck by a heavy object
- Slip and fall
- Being caught between or in structures, machinery, and materials
- Transportation incidents
If any of these accidents occurred due to someone else’s negligence, such as the employer’s failure to deploy safety rules, safe workplace conditions, or providing staff with proper safety gear, it might be a wrongful death case.
For example, if a trucker dies in a roadside accident while transporting goods because of driver’s fatigue due to long work hours or defective tires, the employer is liable.
Florida’s Wrongful Death act
Ground’s For Filing
The act defines wrongful death as a fatality caused due to another party’s negligence, wrongful act, default or breach of contract or warranty. It can also be caused by an intentional act or a breach of contract or warranty.
It can also be caused by an intentional act or a breach of duty. For instance, wrongful death may occur when a person intentionally pushes someone down the stairs, or a driver exceeds the speed limit in rage or because they are drunk or a manufacturer creates a defective product and sells them knowing or unknowingly is dangerous.
According to the law, whoever (individuals, government entities, or companies) that cause the death of someone due to their negligence shall be held responsible. Thus, whoever may have caused the death of your loved one, can be held legally responsible.
Who can bring the Lawsuit and recover Damages in a Wrongful Death action in Florida?
Wrongful death cases in Miami, Florida are primarily based upon a specific statute adopted by the Florida legislature. As per the Florida Statutes 768.21, a wrongful death claim can only be filed by the personal representative of the decedent estate, and on behalf of the survivors.
This means that the personal representation mentioned in the estate plan of the deceased shall file a claim on behalf of the surviving family members. They must list down the names of these people, such as the spouse, minor children, adult children, and deceased’s parents. Relatives dependent on the deceased for financial support shall also be mentioned as they, too, are eligible.
In addition to this, if a child is born to unmarried parents, they can also claim. As per the law, the child can recover damages in a wrongful death case if their mother dies. However, if the father of the child dies, then that child can only recover the damages if the father had recognized the child formally as his own and if they were supporting the child financially.
The personal representative can be an individual or an institution that is named in the will of the decedent. However, if there is no will, then there will be an appointee by a probate judge.
Wrongful Death Statute of Limitations
Another part of Florida’s Wrongful Death Act that is worth mentioning is a two-year statute of limitations. This means that a wrongful death claim shall be filed within two years from the victim’s date of death. Therefore, the claim must be filed immediately before this time window is closed.
Failure to file a wrongful death claim within the stated timeframe may prohibit the deceased’s family from ever recovering compensation for their beloved’s death. Besides this, you can lose the right to bring your wrongful death lawsuit to court.
However, there are certain exceptions and a handful of circumstances that allow an individual to pursue a wrongful death claim in Miami, Florida, after the expiry of the statute of limitations. For example, if a wrongful death occurs due to a Florida governmental entity’s negligence, then there is some technical and comprehensive paperwork that must be filed at least 6 (six) months before filing the Lawsuit. The maximum time frame to file this Lawsuit is three years.
To understand the statute of limitations in your given situation, you must reach out to a legal expert who has excellent know-how. Contact our Miami wrongful death lawyer to discuss your case details, and we’ll provide you with quality and step-by-step legal assistance. Our experienced attorney in Miami can help determine exactly when the statute of limitations may expire in your situation, and whether exceptional conditions apply.
Damages in Florida Wrongful Death Cases
Section 768.21 of the Florida Wrongful Death Statute outlines the damages available in a wrongful death claim. Under the wrongful death claim, compensation can be pursued for in general are:
- A medical bill that was incurred while the deceased was under treatment before their death
- Funeral and burial expenses
- Lost income
- Lost companionship
- Loss of services
- Loss of parental training and guidance
- Compensation for the pain and suffering that the decedent incurred during the period of consciousness between the time of injury and death
Additionally, certain survivors can receive other damages:
- The surviving spouse can claim loss of companionship, protection, and also mental pain and suffering
- Minor children (and all children if there isn’t a surviving spouse) can claim loss of parental companionship, training and guidance, and mental pain and suffering.
- If a minor is deceased, then the parents can recover for mental pain and suffering.
- If an adult child is deceased, then the parents may recover for mental pain and suffering
However, at this stage, it is best to work with our seasoned Miami wrongful death lawyer. It may be challenging to determine the appropriate amount of damages for the claim, especially when evaluating a lifetime of lost earnings and companionship.
Our Miami personal injury lawyers will provide you with information on earning potential and life expectancy. We will help you build a strong case so that you get the compensation that you deserve.
Proving Wrongful Death in Miami, Florida
To receive the entitled compensation, the plaintiffs of the wrongful death case (the family bringing the claim) must prove three main elements. These include:
1. Duty of Care
You must prove that the defendant in your case had a duty of care towards the deceased. For example, in a car accident, it is the driver’s responsibility to follow the traffic rules and drive carefully. If they fail to do so, then they shall be held responsible.
2. Breach of Duty of Care
After proving that the duty of care existed, then the next thing that the plaintiff needs to prove that the defendant breached it. Continuing with the same example, if the car driver was drunk or speeding and ran a red light, they breached their duty of care.
The next thing that the plaintiff must prove is that the breach of duty of care was the main reason for the victims’ wrongful death. Let us explain. Look even if the defendant was speeding or drunk, they shall not be held responsible for the wrongful death if in case the death was primarily caused by some mechanical issue in the car of the deceased. In such as situation, the manufacturer and not the driver shall be held liable.
Seek Legal Representation — How Can Our Miami Wrongful Death Attorney Help You?
Contact us today for case representation. Let us help you in times of your need and work towards a secure future while ensuring that justice is served.
We understand that losing a child, spouse, or a parent accidentally can be hard to believe. It can be incredibly difficult to focus on anything but grief. But at the same time, you do want to seek justice for a sense of closure. At Shiner Law Group, our lawyer is here to help. We will manage every aspect of your case while explaining your family rights and how the law applies to your case.
Our compassionate and experienced Miami wrongful death attorney will help your family receive the compensation that you are entitled for, and the justice that you deserve. We understand that a wrongful death lawsuit will not change the past or make things the way they were, but it can help secure your financial future or the future of your children who lost a parent. Once compensated, you can move forward with life with financial stability and peace of mind that you got justice.
If you’re wondering about the legal expense, then rest assured there aren’t any because we work on a contingency basis. This means you only pay us if we get you compensated. So, there is absolutely nothing to lose if you choose to hire us for legal assistance. Speak with a lawyer today at (561) 777-7700 of filling out our 100% free online case evaluation.