Advocating For You: Wrongful Death Lawyer
The unexpected death of a loved one can be devastating. The thought of pursuing legal action for your loved one’s wrongful death may be overwhelming, especially when you are in the midst of dealing with their end of life expenses and final arrangements.
However, if you believe that the death of your loved one was the result of someone else’s negligence you may be entitled to recover substantial monetary sums from the party responsible. Depending on the specific circumstances of the situation that led to your loved one’s wrongful death, you will have to meet certain legal requirements to recover for their passing.
A Miami Lakes wrongful death lawyer can assist you in all aspects of bringing your lawsuit. Skilled personal injury attorneys will help you as you seek to recover the legal relief to which you are entitled with compassion and understanding.
Importance of An Attorney
In order to recover in a wrongful death suit, claimant’s will need to prove that the death of their loved one was caused by someone else’s negligent or reckless act. Liability for a wrongful death action may be found in situations in which someone’s loved one was killed in an accident, by a violent crime, or as the result of medical malpractice. Families may be entitled to bring a wrongful death claim against a corporation or manufacturer if their loved one died as the result of a product defect.
Each of these different scenarios requires a showing of different evidentiary elements in order to establish liability, making the assistance of an experienced wrongful death lawyer essential to bringing a claim.
The legal requirements to successfully recover in a wrongful death suit will be dependent on the specific circumstances that led to the untimely death of a loved one. Certain important deadlines may limit the time within which claimants must file their claims. If a family suspects that they may be able to hold someone legally responsible for the death of their loved one, they should contact a wrongful death attorney in Miami Lakes to discuss their legal rights as soon as possible.
Laws Affecting Wrongful Death Suits
Florida’s Wrongful Death Act defines a wrongful death as a death caused by any “wrongful act, negligence, default, or breach of contract or warranty.” Pursuant to this definition, a person may be found to be responsible and legally liable for the death of another if their intentional or negligent action is proved to be the direct cause of their untimely death.
In order to prove negligence, claimants must prove that the person responsible for the death of their loved one owed them a specific duty, and that their untimely death was the result of a breach of that duty.
If a loved one died in an accident, the family may be able to hold the driver of the other vehicle liable, if their negligence was the cause of the accident. In other situations, such as those in which adequate safety measures were not in place to prevent fatal accidents from occurring, a corporation may be held liable for a person’s untimely death.
Finally, if the death of a loved one occurred as the result of some negligent action or inaction by a medical professional, known as medical malpractice, the doctors and caretakers involved, as well as the healthcare provider that employed them, may all be held liable.
When a person dies, their estate (which includes their belongings and personal property), is divided among their beneficiaries according to their wishes as laid out in their valid will.
If no valid will exists, the division of the estate will be carried out according to state law in probate court. At the outset of the probate proceedings, a personal representative, usually a close relative of the deceased person, is appointed by the court to settle the estate.
The personal representative of the estate is entitled to bring a wrongful death lawsuit either on their own behalf, or on the behalf of some or all of the beneficiaries of the estate. In addition, certain people meeting the legal definition of survivors, which includes close blood relatives of the deceased person, may also be able to bring a lawsuit with the help of a Miami wrongful death attorney seeking damages for the wrongful death of their loved one.
Under Florida law, the recovery available in a wrongful death suit varies depending on who is bringing the claim. Survivors are legally entitled to recover for a wider variety of damage awards than are beneficiaries. If a family believes that their loved one’s death may entitle them to legal relief, the family should meet with a wrongful death lawyer as soon as possible to maximize the chances of recovery by appropriately structuring their lawsuit.
Beneficiaries of an estate may be entitled to recover for the lost wages, benefits, and earnings that their loved one would have earned had they not died, including future amounts they would have earned had they lived. In addition, beneficiaries may be entitled to recover for end of life medical and funeral expenses, if those expenses were paid by the deceased person’s estate. In addition to the amounts available to beneficiaries, survivors may be entitled to recover for the emotional harm they suffered as the result of their loved one’s wrongful death, including amounts for pain and suffering, loss of companionship and guidance, and for the value of the support and services they would have received from their loved one had they not died.
If a person meets the legal definition of a survivor, which includes a surviving spouse, child, parent, or sibling in some cases, the types of damages available to that person will be dependent on their specific relationship to the deceased loved one. Determining the most effective way to bring a wrongful death suit to maximize the recovery available will require an in-depth analysis of the circumstances leading to a loved one’s death by an experienced Miami Lakes wrongful death attorney.
Contacting a Lawyer
Attempting to understand the many laws affecting the availability of recovery in a wrongful death action can be overwhelming, especially when you are dealing with the emotional aftermath of a loved one’s unexpected and untimely death. This should be the role of the attorney in your wrongful death case.
Miami Lakes wrongful death lawyers are experienced in bringing a variety of wrongful death claims, and will examine the specific circumstances of your case to help you exercise your legal rights in a way that maximizes your chances of recovering from the person responsible. Contact an attorney today to learn more about the legal options available to you.