Wrongful Death Lawyer in Miami Assisting Clients Get the Justice They Deserve
Losing a loved one under any circumstance can be a devastating experience. When the death is a result of someone else’s negligent or reckless behavior, it can be even more difficult to cope with. For these reasons and many others, families may choose to pursue civil action against those responsible for causing their loved one’s death. If you live in the Miami area and file a wrongful death claim, The Law Firm of Rey Padron, PLLC can help you get the justice your family deserves.
A wrongful death lawsuit allows survivors to hold an at-fault party accountable for their actions that resulted in another person’s passing. In order to do this successfully though, these parties must prove that the defendant was responsible for the injuries that led to their loved one’s untimely death. It is understandable that seeking justice through a wrongful death claim might not be at the forefront of your mind, especially immediately following the death of your loved one. However, entrusting your wrongful death lawsuit to a Miami wrongful death attorney can help you concentrate on your own life but still pursue legal justice for the death of your loved one.
The Law Firm of Rey Padron, PLLC is a Miami-based law firm that handles cases involving wrongful death and injuries caused by negligence. We have helped many clients get the results they needed during difficult times over the years. After an individual’s passing, families should not have to deal with the burden of lengthy legal proceedings. If you live in South Florida and want to file a civil claim against someone who was responsible for your loved one’s passing, contact The Law Firm of Rey Padron, PLLC to schedule a free case evaluation. Doing so may help you and your family recover from the major loss you have suffered.
There are so many areas that may be impacted after the death of a loved one due to the negligence of another person or party.
It is important for you to know that filing a wrongful death claim can help protect your family’s future. For this reason, you should not ignore the legal process after the passing of your loved one. For strong and tireless legal representation, contact The Law Firm of Rey Padron, PLLC today at (305) 800-5342.
How is Negligence Proven in a Wrongful Death?
Proving negligence in a wrongful death suit, it is important to understand the types of wrongful death cases your particular wrongful death case may fall under. The types of wrongful death cases include car accidents, truck accidents, motorcycle accidents, slip and falls, and other types of accidents that demonstrate a negligent or intentional act by another party.
To prove causation or negligence, parties need to establish a direct link between what the defendant did and the victim’s resulting injuries or death. This can be done by providing eyewitness accounts of negligence or through medical records detailing how the injuries contributed to the individual’s passing. Having a wrongful death attorney by your side can help you prove negligence. Wrongful death attorneys are knowledgeable about laws surrounding wrongful deaths. They can determine if you have a viable wrongful death claim. If you do, they can file the case for you and represent your case in court.
In certain cases, proving another party had a duty of care to the victim might be enough to substantiate a wrongful death claim. Duty of care in wrongful death lawsuits refers to a person or company’s obligation to use reasonable care when attempting to avoid harming others.
In other wrongful death cases, proving an intentional act that leads to the victim’s death is required. Intentional acts in this context mean actions that were carried out on purpose and not by accident, such as a drunk driver crashing into another car.
In order for attorneys to prove negligence claims against an at-fault party, they must be able to show evidence of four elements: duty, breach of duty, causation, and damages.
There are many ways wrongful death attorneys can establish these elements during lawsuits, and some legal theories might apply in certain cases but not others. For example, in the case of a drunk driving collision or a defective product causing harm, traditional negligence rules may come into play. In other wrongful death cases, such as fatal workplace accidents or nursing home neglect, circumstances may differ.
In order to win a wrongful death lawsuit, it is crucial for a Miami personal injury lawyer to determine applicable laws as well as evidentiary standards that need to be met in court. In addition, they usually must show evidence of financial damages caused by the accident or incident that was brought about through another party’s negligence or unlawful actions.
A wrongful death attorney can help you understand your rights and decide on the best way to move forward with seeking compensation after the loss of a loved one. Although no amount of money can ever completely take away the pain caused by losing someone you love, filing a wrongful death lawsuit could increase the likelihood that any guilty party will be held accountable for their negligence.
Enlisting experienced legal assistance is an important first step toward justice. There are many benefits to consulting with an experienced wrongful death attorney that handles cases involving serious physical injury or death.
A wrongful death attorney should also be able to provide an estimation of how much compensation should cover all the victim’s final expenses, funeral costs, medical bills, lost income, and other factors that come into play when calculating damages. An experienced Miami wrongful death attorney can help individuals with their claims or lawsuits after losing a loved one due to the negligence of another party.
What Damages Can I Seek in a Wrongful Death Lawsuit?
When it comes to wrongful death claims, wrongful death attorneys work with surviving family members to ensure they recover compensation for all of the losses they have suffered. A surviving family member can be a personal representative for a wrongful death case. This surviving family member can be a spouse, child, sibling, parent, or other relatives.
You or a loved one may seek compensation after a wrongful death occurs for many reasons. Here are some of the most commonly sought-after damages in a wrongful death suit:
Mental pain and suffering
Mental pain and suffering is when surviving family members experience mental and physical pain after the death of a spouse, children, parents, or another family member. You may be entitled to recover financial compensation for pain and suffering if you can prove the extent of your pain and suffering. This can be hard without an experienced wrongful death attorney who can help you to prove your pain and suffering in court. With evidence such as expert witnesses and testimony, you may be able to prove pain and suffering as a damage and receive compensation for your emotional and mental pain and suffering.
Punitive damages are when the surviving family members want to punish the defendant for their wrongdoings. These types of damages are only recovered in cases where there is intentional or reckless conduct that leads to the death of your loved one. Punitive damages are typically awarded in cases where the negligent party needs to be made an example of. Punitive damages can deter the negligent party and others from committing a reckless or intentional act of misconduct again.
Loss of companionship
Loss of companionship is when family members such as a spouse, children, parents, or others suffer a lost relationship after losing someone they love in a wrongful death. The deceased person in your wrongful death case may have been an important figure to you and other surviving family members. Their absence can impact your love life or your children’s ability to form a bond with the person you lost. You can seek damages for loss of companionship with our help.
Lost earning capacity
When a loved one dies before their expected lifespan, it causes several changes in life plans like having children together, finishing school, and more. Not only do you lose your loved one’s presence but also future possibilities with them by your side. This is also taken into consideration when it comes to calculating any loss of earning capacity you and your family have suffered. Your deceased loved one may have been the sole family member bringing in income. This means that the loss of their income has left you and your family financially unstable. Calculating the projected lifetime earnings of a person can help to prove this financial damage especially if they were the primary wage earner.
Funeral and burial expenses
Funeral expenses can be very costly. Not only do you have to pay for the actual funeral costs, but you also may find yourself paying for medical bills, your loved one’s remains, travel expenses to pick up their remains, and more depending on what types of arrangements were made with the funeral home. You should not feel obligated to go into debt when someone close to you passes away due to someone else’s negligence. You might be able to recover your financial losses in regards to funeral and burial expenses by filing a wrongful death claim with the help of a wrongful death lawyer in Miami.
Lost support and services
For certain wrongful death claims, losing support and services that your spouse or other family members rendered can cause financial strain. For example, if your wife stayed home to raise the children and manage the household but passed away before reaching the expected retirement age, you may be entitled to recover damages for her lost earning capacity and contribution to the household expenses such as food, electricity, water, phone service, childcare costs, education for children and more.
A successful wrongful death claim starts with a strong wrongful death lawyer who can handle your wrongful death case from start to finish. A wrongful death claim requires documentation of every aspect of your case including medical records, police reports, witness testimonies, and more.
Our team has years of experience in handling wrongful death claims. Our Miami wrongful death attorney will help you understand all available options for compensation when it comes to filing a successful claim.
If you are looking for Miami wrongful death attorney, do not hesitate to contact our law firm today. We offer free consultations where we can discuss your loss and review possible solutions with you so that you can move forward with justice on your side.
How Do Wrongful Death Lawyers Help?
Wrongful death lawyers can handle wrongful death lawsuits by always advocating for your right to justice. Aside from recovering medical or funeral expenses due to the wrongful death of your loved one, retaining a wrongful death lawyer can help you make the most out of your case.
You need someone who is knowledgeable about criminal, civil and administrative laws as they apply to your wrongful death claim. You also must consider the possibility that the defendant’s lawyers may use every legal tactic they can to defend against your claim. Someone with a strong legal background can help you prepare for this situation since it will require careful attention to the specifics of your claim and how it fits into Florida law. Additionally, our Miami wrongful death lawyer will guide you through every step of the litigation process from start to finish so that you can focus on easing your pain and recovering emotionally from the loss of your loved one.
A wrongful death attorney not only has experience with this type of law but is also able to dedicate the time and resources necessary to build a solid case on your behalf. While the goal of a wrongful death lawyer is typically to negotiate a settlement with the defendant and not take your case to trial, we will be prepared if it comes down to this.
You can always rely on our team to fight for what is right so that you can focus on recovering from your loss. We understand how stressful dealing with a wrongful death claim can be especially during such a difficult time in your life. Our law firm has been around for many years and we have helped countless clients get their lives back on track after filing a successful wrongful death lawsuit. Even if you are unsure about taking legal action, schedule a free consultation today where we will listen to your story and outline your options moving forward.
Whether your loved one’s death was caused by a car accident, medical malpractice, or other causes of wrongful death, we are ready to help you through your wrongful death case from beginning to end.
Should I File a Wrongful Death Claim?
Wrongful death lawsuits are tricky to handle on your own. You need a Miami wrongful death attorney to fight for you and make sure that your case has the best chance of succeeding in or out of court.
You should file a wrongful death suit with the help of a Miami wrongful death lawyer if a wrongful death occurs in your family due to car accidents, medical malpractice, slip and fall, and more.
There is no underestimating just how much your life can change after dealing with the death of a loved one. However, you must act quickly before the statute of limitations expires since wrongful death lawsuits are time-sensitive and should be filed within two years of the date of death.
Wrongful death lawyers typically handle civil lawsuits on their clients’ behalf under specific conditions depending on state laws and case details. If this happens, retain our team as soon as possible so that we can determine which approach would be best for your case.
Your whole world may be turned upside down following the death of your loved one. However, our Miami wrongful death lawyer is here for you during this difficult time so that you can receive the guidance and support that you need to cope with the loss of a loved one.
We know how easily life can change in an instant due to the negligent actions of someone else which is why we do all that we can to help hold them accountable for their mistakes. If you have suffered because of someone else’s negligence, you deserve the compensation that you need to get your life back on track. Meeting with our Miami wrongful death attorney can present you with the best option to move forward with your life.
Retaining our Miami wrongful death lawyer can make all the difference when it comes to getting justice for your loss. Our law firm has worked with many grieving family members who have lost a loved one due to the negligence of another person. If you need assistance recovering lost wages, medical or funeral expenses, and other types of damages, file a wrongful death claim with our law firm as soon as possible to get started.
Reach out to The Law Firm of Rey Padron, PLLC at (305) 800-5342 to get the legal representation you deserve going forward.