What Is Wrongful Death?

Wrongful death is a death caused by the negligence or wrongful act of another party. Negligence describes an act of carelessness that injures someone else. According to Florida Statutes Section 768.19 , a party may have grounds to file a wrongful death claim if the negligence, wrongful act, default, or breach of contract or warranty of any person caused the death. If death had not ensued and the at-fault party (defendant) would be liable in damages (financial compensation) for the victim’s injury, the defendant is liable for wrongful death under state law. While nothing can ever make up for losing a family member and loved one, filing a wrongful death claim can bring your family justice, closure, peace, and financial security. If you have further questions about what constitutes wrongful death in Florida, speak with a West Palm Beach personal injury attorney experienced in wrongful death cases.

How Can a West Palm Beach Wrongful Death Lawyer Help?

A West Palm Beach wrongful death attorney can help you and your family with complicated legal processes, allowing you to focus on grieving and healing. Hiring a lawyer in West Palm Beach takes the burden of legal action off of your shoulders. Your experienced West Palm Beach wrongful death attorney will take care of everything on your behalf, fighting for justice and maximum financial compensation for the loss of your family members and loved one’s life. A personal injury lawyer can build your case by investigating the accident, gathering evidence, dealing with insurance companies, and hiring experts to testify for your wrongful death case.

Who is Allowed to File a Wrongful Death Claim in West Palm Beach?

Under Florida Statutes section 768.16, the deceased’s personal representative of their estate or an individual listed in their will may file a wrongful death lawsuit on behalf of surviving family members. In the absence of an estate plan or will, the Court will appoint a representative. If there is no surviving spouse or the surviving spouse declines to serve as the representative, the person (or institution) selected by a majority of the decedent’s heirs will be appointed. If the heirs cannot agree on a personal representative, the court will decide. The following surviving family members are legally allowed to recover damages in a West Palm Beach wrongful death lawsuit: Spouse Minor Children (children under the age of 25, notwithstanding the age of majority, which includes a child born to a mother out of wedlock, but not a child born to a father out of wedlock, unless the father has recognized a responsibility for supporting the child) Adult children (if there is no surviving spouse) Parents if there is no spouse or children Any blood relative or adoptive sibling who was partially or wholly dependent on the deceased person for support or services All potential beneficiaries of a wrongful death recovery (including the estate) must be identified in the complaint, as well as their relationships to the deceased.

What Are Florida’s Wrongful Death Laws?

In Florida, a law called a statute of limitations gives you a limited amount of time to file a wrongful death lawsuit. If you wait too long and miss your deadline, the courts will most likely deny your case. Under Florida law, the statute of limitations is two years from the date of the victim’s death. This deadline may be postponed, however, under a few unique circumstances. Another law to keep in mind is who has the right to file a wrongful death claim in Florida. Florida wrongful death act restricts this right to only the personal representative of the deceased person’s estate. This person may be named in the victim’s will or estate plan, or else appointed by the courts. The personal representative can file on behalf of surviving family members, such as a spouse or minor children.

Miami Wrongful Death Lawyer

Losing a loved one is one of the most difficult experiences a person can go through. When that loss is caused by the negligence or wrongful act of another person, it can be even more devastating. If you or a loved one has suffered the wrongful death of a family member in Miami, it is important to seek legal counsel as soon as possible.

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Overview of wrongful death and its laws in Miami

Wrongful death refers to a death caused by the negligence, recklessness, or intentional harm of another person or entity. In a wrongful death lawsuit, the family members or beneficiaries of the deceased person can seek compensation for their loss.

This type of lawsuit is designed to hold the responsible party accountable for their actions and to provide financial support to the surviving family members.

Florida Statutes section 768.19 establishes the legal framework for wrongful death claims in the state of Florida. This law outlines who is eligible to file a wrongful death claim, the time limit for filing a claim, and the types of compensation that may be available to surviving family members.

Who is eligible for a wrongful death claim?

Under Florida law, a wrongful death claim may be brought by the following eligible individuals:

Surviving spouse.
Children of the deceased person.
Parents of the deceased person.
The personal representative of the deceased person’s estate, if none of the above individuals exist.

If the deceased person was unmarried and did not have any children or surviving parents, then their estate may be the only party eligible to bring a wrongful death claim.

Understanding the compensation available in a wrongful death case

A wrongful death lawsuit is a way for the surviving family members of a deceased person to hold the responsible party accountable for their actions and to seek compensation for their losses.

There are two main types of compensation available in a wrongful death case:

Economic damages are intended to compensate the family members for their financial losses and can include:

Medical expenses incurred as a result of the deceased person’s injury or illness
Funeral expenses.
Loss of income or support that the deceased person would have provided if they had lived

Non-economic damages are intended to compensate for the intangible losses suffered by the surviving family members, such as:

Pain and suffering

Loss of companionship and love
Loss of protection and guidance
Mental anguish and emotional distress

In some cases, if the responsible party acted with intentional or malicious intent, the family members may also be entitled to seek punitive damages. Punitive damages are designed to punish the responsible party for their actions and to deter similar behavior in the future.

What is the statute limitation for a wrongful death claim?

The statute of limitations for a wrongful death claim in Miami, Florida is two years from the date of the person’s death. This means that the surviving family members generally have two years from the date of the death to file a wrongful death lawsuit in court.

The statute of limitations can be a complex issue and certain exceptions and circumstances can impact the deadline for filing a wrongful death claim. For example, the statute of limitations may be extended in cases where the responsible party was not immediately identifiable or the family members were not immediately aware of the cause of death.

The role of insurance in wrongful death cases

Insurance can play a significant role in wrongful death cases. Many individuals and businesses have liability insurance that is intended to provide compensation for losses caused by their actions or negligence. In the event of a wrongful death, the responsible party’s insurance policy may provide coverage for the damages suffered by the surviving family members.

It is important to understand that insurance companies are primarily focused on protecting their financial interests and may dispute or challenge the claim made by the surviving family members.

In some cases, the insurance company may offer a settlement to the surviving family members to resolve the matter quickly and efficiently. However, it is important to remember that insurance settlements are often significantly lower than the compensation that may be available through a wrongful death lawsuit. A skillful Miami wrongful death lawyer can review the settlement offer and advise you on your best course of action.

Having an expert and trusted lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.

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The impact of wrongful death on families and how a Miami wrongful death lawyer can help

The loss of a loved one can be devastating, and wrongful death can add to the emotional and financial burden you and your family may be facing. In addition to the pain and grieving process, you may also be faced with unexpected medical bills, funeral expenses, and the loss of your loved one’s income and support.

A wrongful death can have a profound and lasting impact on you and your family, and the legal process can add to the stress and confusion. A knowledgeable and experienced Miami wrongful death lawyer can provide the support and guidance you need during this difficult time.

Your wrongful death attorney can help you understand your rights and the compensation that may be available to you. They can assist in investigating the cause of your loved one’s death, gathering evidence, and negotiating with insurance companies to reach a fair settlement.

If necessary, your attorney can also represent you in court and fight on your behalf. They will be your advocate, working tirelessly to ensure that you receive the compensation you deserve.

Having a specialized Miami wrongful death lawyer by your side can make a significant difference in the outcome of your case. They can help ease your burden and provide the support you need to move forward after the loss of your loved one.

The process of filing a wrongful death lawsuit in Miami

It can seem a daunting process, but with the help of an experienced attorney, it can become much easier to navigate.

Here is a simplified overview of the steps involved:

Consult: Schedule a meeting with a Miami wrongful death lawyer to assess the viability of your case and discuss your options.
Investigate: Your attorney will thoroughly investigate the circumstances surrounding your loved one’s death, including collecting evidence and interviewing witnesses.
Determine Liability: Based on the results of the investigation, your wronful death attorney will identify who is responsible for the death.
File the Lawsuit: If a resolution cannot be reached through negotiation, your Miami wrongful death lawyer will file a lawsuit on your behalf.
Gather Evidence: The discovery phase involves gathering additional information and evidence from the responsible parties and their insurance company.
Negotiate: Your attorney will work to reach a fair settlement with the responsible parties and their insurance company.
Go to Trial: If a settlement cannot be reached, your case may proceed to trial. Your Miami wrongful death attorney will represent you in court and fight for your rights.

Choosing the right Miami wrongful death lawyer and what to look for

Choosing the right wrongful death attorney in Miami can greatly impact the outcome of your case and the future of your family.

When selecting a lawyer, it is important to consider the following factors:

Experience: Search for an attorney with a proven track record of handling wrongful death cases and a deep understanding of the legal system.
Compassion: Your lawyer should show empathy and understanding for your situation, and should be dedicated to helping you through this difficult time.
Communication: Look for an attorney who is responsive and accessible, and who will keep you informed throughout the process.
Resources: Your Miami wrongful death lawyer should have the resources and support necessary to thoroughly investigate and litigate your case.
Results: Consider a wrongful death attorney in Miami who has a history of obtaining favorable outcomes for their clients.

At LaBovick Law Group, we understand the devastating impact that wrongful death can have on a family. Our experienced and compassionate wrongful death attorneys are dedicated to helping you navigate the legal system and obtain the compensation you and your family deserve.

We know that the cost of hiring a wrongful death attorney can be a concern for families who have already suffered a loss. That is why we work on a contingency fee basis. This means that you do not have to pay any upfront fees or hourly charges. Instead, we are only paid if we successfully recover compensation for you.

If you are searching for a Miami wrongful death lawyer, we invite you to Call or Click LaBovick for a free consultation!

FAQ
about Miami Wrongful Death Lawyer

How do I sue for wrongful death in Florida?

In Florida, a wrongful death lawsuit can be brought by the personal representative of the deceased person’s estate on behalf of the surviving family members. The personal representative is typically appointed by the court and is responsible for managing the estate and pursuing the wrongful death claim.

How do you prove negligence in a wrongful death case?

To prove negligence in a wrongful death case, the plaintiff must show that the defendant:

Had a duty to exercise reasonable care.
Breached that duty.
The breach caused the death of the victim.

This may involve presenting evidence such as witness testimony, expert opinions, and physical evidence.

What are the most common causes of wrongful death?

Wrongful death can occur due to a wide range of circumstances, but some of the most common causes include:

Medical malpractice.
Car accidents.
Workplace accidents.
Defective products.

Who are survivors under Florida's wrongful death statute?

Under Florida Statutes section 768.18, “survivors” are defined as the deceased person’s spouse, children, parents, and any other blood relatives who were dependent on the deceased person for support or services. This may include grandparents, siblings, and other family members who can demonstrate a financial dependence on the deceased person.

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