Miami Wrongful Death Attorneys

Wrongful death claims allow surviving spouses, siblings, parents, and other blood relatives to recover damages in the wake of their loved one’s death, independent of any criminal investigations of wrongdoing or negligence.

Some of the most common causes of wrongful death are:

• Car accidents, truck accidents, and motorcycle accidents
• Bicycle accidents and pedestrian accidents
• Medical malpractice
• Product defects / breach of warranty
• Hazardous property conditions
• Intentional acts like assault

A wrongful death lawsuit cannot be filed by just anyone, even if they are related to the deceased. Only the personal representative of the deceased's estate, or executor, is eligible to file a wrongful death lawsuit in Florida. The personal representative is generally selected by the deceased before their death; however, in cases where no personal representative has been chosen, the court may appoint one for the purpose of a wrongful death lawsuit.

When the personal representative of the deceased files for wrongful death, they will designate beneficiaries to receive compensation from the lawsuit, such as a spouse, children, parent, sibling, or other relative.

Like personal injury lawsuits, a successful wrongful death claim should cover all the financial, physical, emotional losses suffered by the plaintiffs due to another party’s negligence.

Damages in a wrongful death claim typically include compensation for:

• Funeral expenses
• Lost financial support and services for dependents
• Medical bills and expenses from care given to the deceased
• Loss of companionship and protection (for spouses of the deceased)
• Physical and emotional pain and suffering
• Loss of parental companionship and guidance (for children of the deceased)

How to Prove a Wrongful Death Case in Florida

Establish Negligence

In order to prove a wrongful death case in Florida, the plaintiff must first establish that the defendant was negligent in some way. This means that the defendant failed to act with reasonable care and caution, and their actions or lack thereof resulted in the death of another person. The plaintiff must present evidence that shows how the defendant breached their duty of care and caused the death of their loved one.

Prove Damages

The plaintiff must also prove that they have suffered damages as a result of the wrongful death. This can include both economic losses, such as medical expenses and funeral costs, as well as non-economic losses, such as pain and suffering or loss of companionship. The plaintiff must be able to demonstrate how much money they have lost due to the wrongful death in order for them to receive compensation from the defendant.

Show That the Death Was Caused by Negligence

In addition to establishing negligence and proving damages, the plaintiff must also show that their loved one’s death was actually caused by the defendant’s negligence. They must be able to show that their loved one would not have died had it not been for the defendant’s careless or reckless behavior. Even if a person dies from an illness or injury that was not directly caused by someone else’s negligence, the defendant may still be held liable if their actions contributed to or worsened the condition leading up to death.

File a Wrongful Death Claim

Once all of these elements have been established, the plaintiff can then file a wrongful death claim against the responsible party or parties in order to seek compensation for their losses. In order for this claim to be successful, plaintiffs will need to provide sufficient evidence showing how each element has been met and why they are entitled to compensation from those responsible for their loved one’s death.

How Long Do I Have to File a Wrongful Death Claim?

In Florida, there is a specific timeline in which individuals can pursue a wrongful death claim. It is important to note that this timeline, known as the statute of limitations, can vary depending on the circumstances surrounding the particular case. For example, if the wrongful death claim is related to medical malpractice, the statute of limitations may differ from a case involving a car accident. Generally speaking, in Florida, the statute of limitations for wrongful death claims is two years from the date of death.

If you have suffered the loss of a loved one, we encourage you to seek counsel from a Miami wrongful death attorney at Grossman Roth Yaffa Cohen as soon as possible in order to ensure that important deadlines are not missed and that your rights are protected.

Do I Need a Lawyer for My Wrongful Death Case?

Hiring a lawyer to represent you in a wrongful death case can provide numerous benefits to ensure justice is rightfully served.

One of the most significant benefits is the legal knowledge and experience that attorneys can bring to the table. Attorneys understand the legal system and the intricate laws associated with wrongful death cases, ensuring they can provide sound legal advice and guidance on the next best steps.

In addition, hiring a lawyer can help alleviate some of the stress and burden of the legal process, allowing families to focus on grieving and healing.

Lastly, an attorney can also help negotiate fair compensation on behalf of the affected family members. By hiring a wrongful death attorney in Miami, like those at Grossman Roth Yaffa Cohen, families can have peace of mind knowing their case is being advocated for by a professional with their best interest in mind.