Losing a loved one is a devastating experience, especially when their death could have been prevented. In such tragic circumstances, it's essential to understand your rights and options for seeking justice. The Ward Law Group specializes in handling wrongful death cases in Miami Lakes.
To illustrate, you must remember the wrongful death of Kobe Bryant, the legendary basketball player, and his daughter, Gianna Bryant. Although this event did not happen in Florida, it serves as a heartbreaking example of the devastating impact of wrongful death. The tragic helicopter crash in January 2020 shocked the world and left millions mourning the loss of an icon and a marvelous athlete. The accident, caused by poor weather conditions and pilot error, resulted in nine untimely and preventable deaths.
The loss of Kobe and his daughter is a profound tragedy that reminds us of the fragility of life and the importance of seeking justice when negligence leads to such devastating consequences. It serves as a solemn reminder of the duty to pursue justice on behalf of the victims and their grieving families.
Our professional group of wrongful death attorneys is available to support victims' families with legal proficiency and advocate for the rightful compensation they deserve. Let's explore the critical aspects of a wrongful death claim and how our service-oriented attorneys can assist you.
When Do I Have a Wrongful Death Claim?
Losing a loved one due to someone else's negligence or intentional actions can give rise to a wrongful death claim. It occurs when the criminal conduct of another party causes a person's death. Some examples of it are:
- Car Accidents: When a loved one's death is caused by another party's reckless driving, such as speeding, aggressive maneuvers, or disregarding traffic laws, it may give rise to a wrongful death claim. The negligent driver's actions directly contributed to the fatal accident.
- Medical malpractice: If a healthcare professional's negligence, such as misdiagnosis, surgical errors, or medication mistakes, results in the death of your loved one, it can be grounds for a wrongful death claim. The medical provider's failure to meet the expected standard of care led to fatal consequences.
- Defective products: When a defective product causes the death of an individual, whether it's a faulty vehicle part, a dangerous medication, or a defective appliance, a wrongful death claim can be pursued against the manufacturer or distributor responsible for the product's safety.
- Workplace accidents: If your loved one lost their life due to a workplace accident caused by unsafe conditions, inadequate training, or employer negligence, a wrongful death claim can be filed. The employer's failure to provide a safe working environment directly led to the fatal incident.
In all these scenarios, it's essential to consult with an experienced wrongful death attorney to assess the circumstances of your case and determine if you have a valid claim. The Ward Law Group will guide you through the whole legal process. First, gather evidence, then build a strong case on your behalf, seeking the justice and compensation your loved one deserves.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, the law allows specific individuals to file a wrongful death lawsuit on behalf of the deceased person's estate and surviving family members. Typically, we can find the following individuals who can initiate the case:
- Surviving spouse: The deceased person's spouse is eligible to file a wrongful death lawsuit in Florida. They have the legal right to seek compensation for their deceased spouse and the surviving family members.
- Children: The deceased person's children can also bring a wrongful death claim in Florida. Whether they are minors or adults, they have the standing to initiate a lawsuit and pursue justice for the loss of their parents.
- Parents: In the absence of a surviving spouse or children, the deceased person's parents have the right to file a wrongful death lawsuit. They can seek compensation for the emotional and financial impact caused by the loss of their child.
- Personal representative: If no immediate family members are available or willing to file a wrongful death claim, a personal representative of the deceased person's estate can step in. This representative is typically appointed by the court and acts on behalf of the estate and any beneficiaries.
According to Florida Statute 768.20, the state provides guidelines for who can file a wrongful death lawsuit. It states that the personal representative of the deceased person's estate shall file the case. Still, if there is no personal representative, the statute designates the order of preference for the surviving family members. This legal provision ensures that those directly affected by wrongful death can seek justice and compensation in Florida.
Our wrongful death attorneys understand Florida's legal framework and can help you navigate the complex process of filing a wrongful death lawsuit. Move forward by contacting 855 – 365 67 – 55 to receive the support you deserve.
Compensation for Wrongful Death
When pursuing a wrongful death claim in Florida, compensation aims to address the financial and emotional losses suffered by the surviving family members. While the monetary value cannot replace losing a loved one, it can provide financial support during this challenging time. The types of compensation that may be available in a wrongful death case include:
- Medical expenses: Coverage for reasonable and necessary medical expenses related to the deceased person's final injury or illness. This includes hospital bills, doctor's fees, medication costs, and other medical treatments received.
- Funeral and burial expenses: This is reimbursement for the costs associated with the funeral, cremation, burial, or memorial service. This includes funeral fees, casket or urn, cemetery plot, and headstone.
- Loss of financial support: Compensation for the economic contributions the deceased person would have provided to their surviving family members. This includes the loss of income, benefits, and financial support that would have been reasonably expected if the wrongful death had not occurred.
- Loss of companionship and emotional distress: Damages awarded to compensate for the emotional pain, suffering, and loss of companionship experienced by the surviving family members. This can include the loss of love, guidance, and emotional support the deceased person would have provided.
- Punitive damages: In exceptional cases involving intentional misconduct or gross negligence, punitive and compensatory injuries may be awarded. These damages are meant to punish the responsible party and deter similar behavior in the future.
It's important to note that the amount of compensation in wrongful death cases can vary widely depending on the specific circumstances of each case. Factors such as the age of the deceased, their earning capacity, the extent of financial dependence on the dead, and the nature of the negligence or misconduct involved can all influence the compensation awarded.
Florida has no specific cap on wrongful death damages, but the courts consider various factors to determine a fair and just amount. Please consult with one of our experienced wrongful death attorneys to understand the potential compensation regarding your case based on the specific details and legal precedents.
Common Causes of Wrongful Death Claims
Wrongful death claims can arise from various accidents and incidents. Here are some common causes:
- Car accidents: Reckless driving, speeding, distracted driving, or drunk driving can lead to fatal car accidents.
- Truck accidents: Collisions involving commercial trucks due to driver fatigue, improper maintenance, or overloaded cargo can result in fatal injuries.
- Motorcycle accidents: Motorcyclists are vulnerable to severe injuries and fatalities due to their limited protection in accidents caused by negligent drivers.
- Pedestrian accidents: Negligent drivers failing to yield, distracted driving, or disregarding traffic laws can cause fatal accidents involving pedestrians.
- Construction accidents: Wrongful death claims can arise from construction site accidents due to inadequate safety protocols, equipment failures, or falls from heights. The construction industry can be inherently dangerous, and when negligence leads to fatal injuries, it's crucial to hold responsible parties accountable.
- Product liability incidents: Manufacturers, distributors, or designers may be liable for faulty vehicle components, dangerous consumer products, or medications with severe side effects.
Contact a Wrongful Death Attorney
If you have lost a loved one due to another party's negligence or intentional actions, consulting with an experienced wrongful death attorney is crucial. The Ward Law Group is dedicated to providing personalized legal representation and protecting your rights.
Our knowledgeable attorneys will investigate the wrongful death's circumstances, gather evidence, and fight tirelessly to hold the responsible parties accountable. Don't bear the burden alone – let us be your advocates during this challenging time.
Losing a loved one due to someone else's negligence or intentional actions is an immense tragedy. During this painful time, having a dedicated wrongful death lawyer by your side can provide the legal guidance, support, and representation you need.
At The Ward Law Group, we are committed to helping families in Miami Lakes seek justice and obtain the compensation they deserve. Reach out to us today, and let us help you navigate the legal process while you focus on healing and preserving your loved one's memory.
Contact The Ward Law Group today at 855-DOLOR-55 for a free consultation to discuss your case and explore your legal options. Our compassionate team is ready to listen, support you, and fight for the justice and compensation you deserve. Remember, you don't have to face this difficult journey alone.