Consulting with a Miami wrongful death law team is the most reliable and best way to confirm that the situation that caused your loved one’s death conforms with Florida’s wrongful death statutes.

Under the Florida wrongful death statute, a wrongful death occurs when a person dies because of someone else’s negligence, wrongful act, or violation of a contract or warranty. If you and your Miami wrongful death law team can validate this point, you may be able to bring a civil suit for wrongful death and recover financial damages.

Your wrongful death lawsuit must show that a wrongful act brought about your loved one’s death. This wrongful act can include negligence of the other party, default, or breach of contract or warranty and is based on all aspects of the Florida wrongful death statutes.

Your case also must validate that the deceased person would have been entitled to financial compensation if they had survived the incident.

Be aware that the circumstances that bring about wrongful death cases can result from reckless or negligent behavior of another person, such as driving dangerously or carelessly, poor safety conditions at a workplace, poorly maintained equipment or vehicles, falling objects, medical malpractice, and many other ways.

Your professional, experienced, and knowledgeable Miami wrongful death lawyer will be well versed in all the precedents in these cases and the laws that govern them. They will be able to analyze the specifics of your case and know, with calculated certainty, whether you have a case or not.

Your personal injury lawyer will also explain that wrongful death is a tort claim, which means that it is usually a civil case and not a criminal case in Florida.

The government files the charges in a criminal proceeding, such as a homicide. However, in a tort claim such as wrongful death, a plaintiff, usually the estate or family member of the victim, files the charges.

Admittedly, there are distinct differences between criminal and civil cases. Criminal law is punitive and concerned with punishing people who commit crimes. Alternatively, tort law provides a way and means for victims to obtain compensation for their losses in monetary or economic terms. In a wrongful death case, the victims are commonly the deceased person’s family members.

Who Is Eligible to File For a Wrongful Death Lawsuit In Florida?

It’s wise always to remember that a wrongful death case must show (and be able to prove) that a wrongful act brought about the death of your loved one.

This negligent or reckless act can include negligence, default, breach of contract, or warranty, as per the tenants of the Florida statute.

In Florida, commonly, the following relations of the deceased can file a wrongful death lawsuit, they are:

  • The decedent’s surviving spouse.
  • Any minor children of the decedent.
  • All adult children of the decedent if a surviving spouse does not exist.
  • A parent of a deceased minor child.
  • Any survivors who have paid medical or funeral expenses, etc., on behalf of the decedent.

However, every case is unique, and there may be others that can claim wrongful death awards in these types of cases. It is always the best path to discuss your case in detail with a competent Miami wrongful death law team. They will always provide you with the best possible guidance in your specific case and circumstances.

What Types Of Compensation Can I Receive From My Wrongful Death Lawsuit?

Many types of compensation can be discussed and awarded in a Miami wrongful death suit. However, the Florida statutes do make a distinction between the estate of the deceased and the actual survivors. Both entities can claim for and receive financial awards.

Commonly, the estate of the deceased may receive awards for:

  • Lost wages, benefits, and the deceased’s potential future earnings.
  • Medical and funeral expenses of the deceased.
  • Loss of prospective net accumulations of an estate that could be expected if the decedent had survived.

Alternatively, family members of the deceased could gain compensation for:

  • Loss of companionship of their spouse.
  • Loss of companionship, instructions, and guidance for all the deceased minor children.
  • Mental pain and suffering are endured by the children, surviving spouse, and other family members of the deceased.
  • Mental pain and suffering for the parents of the deceased minor child.
  • And more.

This is a concise list, and again the right way to confront the pain and suffering you, and your family, are experiencing is to receive professional advice and guidance from an empathetic and experienced wrongful death lawyer.

Wrongful death cases are commonly complex and unique and involve a detailed investigation of all the facts, documents, witnesses, and circumstances surrounding your loved one’s death. These cases are tragic and will alter the future of you, your family, and your entire life. You must receive professional legal advice tailored to the specifics of your case.

What is The “Statute of Limitations” and How Does It Affect My Case?

In Florida, in wrongful death cases, the “statute of limitations” (or timetable for filing your lawsuit is two years from the decedent’s death. This is the typical guideline, but again, these cases are complex. Your wrongful death personal injury lawyer will be invaluable in ensuring you don’t miss deadlines or explain the circumstances if you did but still may be allowed to file.

“Time is of the essence,” however as if this deadline is missed, you commonly lose all your rights to file your wrongful death claim and will forfeit all rights to any form of compensation. So, consulting with your Miami wrongful death law team should be done as soon as possible.

Two years may seem like a long time, but with all the unique and various details surrounding most of these incidents, your law team may require months of preparation before they feel comfortable with filing and presenting your case. Providing them the time needed to prepare correctly is vital to you and your family’s future.

I Am Considering Filing a Wrongful Death Claim in Miami; How Should I Proceed?

If you are currently enduring the loss of a loved one, there are many details to deal with combined with crushing emotions and stress. Whatever you do, don’t try to go through this process alone. Consulting and working with an experienced, professional, and empathetic Miami wrongful death law team will ease this burden enormously. Your lawyer will know precisely what needs to be done to obtain the compensation you rightfully deserve and are entitled to.

Consult with them as soon as possible and help ease the financial burdens this calamitous and appalling situation has inflicted on you and your family.