We all understand that we’ll lose our loved ones at some point in our lives. We never expect it to happen because of an accident. When we see stories about tragedies on the news, we feel bad for the person. But as long as it doesn’t happen to us, we can move about our day. So, what do you do when it does happen to you? You need to call a Miami wrongful death lawyer.
What is a wrongful death? It’s an accident that happened due to someone else’s negligence, recklessness or intentional acts. Some of the most common causes of wrongful deaths in Miami are:
- Motor vehicle accidents
- Medical malpractice
- Product liability
In these cases, your Miami personal injury lawyer will find out who’s responsible and file a claim against them. This could be more than one party. You may have a claim against multiple people. Your lawyer will file a wrongful death claim against all of these people.
Most wrongful death lawsuits are based on negligence. Your Florida wrongful death attorney has the experience necessary to get you the compensation you deserve.
Wrongful Death Lawyers in Miami Know How to Prove Wrongful Death
Most wrongful death cases are caused by negligence. This means the defendant didn’t act the way he should have and your family member died as a result. To prove negligence, your Miami wrongful death attorney must show the following:
- The defendant owed your loved one a duty of care
- He breached that duty
- Your loved one died
- His death was caused by the defendant’s breach
Proving breach of duty comes down to the type of case. If you’re dealing with a medical malpractice case, you’ll have to show that the doctor didn’t meet his standards of care. This could include a misdiagnosis or a mistake made during surgery.
It’s not difficult to prove that the victim died. But your attorney will also have to prove that your loved one died because of this mistake. He may need to hire experts to prove this in court. As long as he can show that he died due to the negligence of the defendant, you should recover in court.
Who Can File for Wrongful Death in Miami, Florida?
In most personal injury cases, it’s the victim who files suit for damages. Here, we can’t do that because the victim is no longer alive. It’s the surviving family members who have a cause of action.
Under Florida law, the following people can file a wrongful death lawsuit:
- Surviving spouse
- Parents of deceased
- Blood relative or adopted child who is financially dependent on the deceased
If you don’t fall into one of the categories, you don’t have standing to file a suit for wrongful death. No matter how close an engaged couple may be, being engaged doesn’t qualify you to sue under Florida law.
You also have to make sure that you file your claim within the statute of limitations. In Florida, you have two (2) years from the date of the victim’s death to file suit. You don’t want to wait this long. Your Miami wrongful death lawyer is going to need time to prepare your case. It’s important that you contact your wrongful death attorney in Miami early.
Types of Damages in a Florida Wrongful Death Suit
Every state is a little different when it comes to the damages you can claim in a wrongful death suit. Some allow you to claim damages for what the family has lost. Others limit damages to what the decedent could have claimed had he survived the accident.
In Florida, you can claim the following types of damages:
- Medical and funeral expenses
- Lost wages and loss of earnings
- The value of an estate the person would have left had they lived a natural life
- Mental and emotional pain suffered by the family
- Value of support and guidance the defendant would’ve supplied
- Loss of companionship and guidance
Proving these damages is something your lawyer will do. Just because someone died, you’re not automatically entitled to damages. Your lawyer will submit proof of what your loved one earned during his lifetime. This will help the court determine what he would’ve earned had he lived. It’s also possible to show how much the funeral costs. The hard part is determining the intangible types of damages. For example, he may have to rely on testimony of family members and friends to determine things like loss of companionship and guidance.
What Types of Accidents are Involved in Wrongful Death Cases?
There are certain type of accidents that are more likely to cause a death than others. Miami wrongful death attorneys have handled more than their share of these cases. Most of the cases involve the following types of accidents:
- Motor Vehicle Accidents: Some car accidents are so dangerous, people don’t survive. Truck accidents, for example, have a high fatality rate.
- Medical Malpractice: Doctors are supposed to take care of us. But doctors make mistakes. If your loved one is misdiagnosed and ends up passing away, the doctor and his practice may be liable.
- Dangerous Drugs: With so many new drugs on the market, it’s hard to know which ones are safe and which one’s aren’t.
Your attorney will work hard to prove the defendant is responsible for your loved one’s death.
Contact a Miami Wrongful Death Attorney Today
If your loved one has died in some sort of accident, you need to contact a Miami wrongful death attorney today. Schedule your free consultation. You’ll get to sit down with an experienced lawyer and ask any questions you may have. He can also review your case and let you know what it may be worth.
This is a time when your family needs to grieve and try to move on with life. The last thing you need to do is deal with insurance companies and lawyers. Let your Miami wrongful death attorney handle the legal side of things for you.