Miramar Wrongful Death Lawyer
Losing a loved one to an untimely death can be even harder to bear if the circumstances surrounding that death involve the wrongful acts of another. If someone else's negligence leads to a fatal accident, an experienced Miramar lawyer may be able to help the family of the deceased victim brings a wrongful death lawsuit against the party that caused the death.
Basic Requirements for a Wrongful Death Suit
Generally, in order to bring suit, the party must prove that the death of a human being was caused by negligence or intent to harm. Furthermore, the suit must be brought by surviving family members who suffer financial injury as a result of the death or brought by an appointed representative of the decedent's estate
Not anybody can bring a wrongful death suit in Miramar, though. Lawsuits can only be brought by the deceased's surviving spouse, immediate family members such as parents or children, or their appointed personal representative.
What Kinds of Deaths Qualify for a Lawsuit?
Wrongful death suits are not limited to a specific set of causes. Essentially, any negligent or intentional act that led to the death of a loved one may lead to a wrongful death claim.
Wrongful death lawsuits can even be brought for criminal actions such as murder. Civil lawsuits have a lower burden of proof than criminal trials, which means it is possible for a defendant to be found not guilty of a crime but still be found responsible in a civil suit.
Recoverable Damages in the Event of Wrongful Death
There are a number of different types of damages that the decedent's surviving family or personal representative may be able to recover in a wrongful death lawsuit.
Pecuniary damages, also known as financial injury, may include the loss of support or the loss of an inheritance as a result of a person's death, as well as medical and funeral expenses. Personal injury damages that occur after the incident that caused the death, but prior to death, may also be awarded for losses such as pain and suffering and loss of consortium. Interest could also accrue on the damage amounts, starting from the date of the decedent's death.
Due to the various types of damages and recovery available, it may be important to have professional assistance determining which damages may be available in a given case, as many wrongful death damages are dependent on the opinions of subject-matter experts. An experienced wrongful death attorney in Miramar may have the connections and capability to find the subject-matter experts best suited for a client's particular circumstances.
Wrongful Death Settlements
Because wrongful death lawsuits usually revolve around very sensitive situations, the settlement process can be very taxing both physically and emotionally. Depending on the best interests of the decedent's surviving family, a Miramar wrongful death attorney may be able to negotiate a settlement on their behalf instead of pursuing a civil trial.
Although the end results may be more financially lucrative, a trial can be very costly in wrongful death lawsuits, not to mention emotionally draining. In fact, depending on the circumstances, the negligent party may offer a settlement deal early on in the proceedings. A seasoned lawyer could help determine if the offer is appropriate, if it could be negotiated higher, or if it was merely a cover to keep the negligent party from having to go to court.
Talk to a Miramar Wrong Death Attorney Today
If a loved one is killed in an accident due to the negligent or wrongful actions of another, you may have a path towards legal action against the responsible party. A knowledgeable and compassionate Miramar wrongful death lawyer may be able to help you navigate the legal process and advocate for a just recovery. When you are ready to seek restitution for your loss, schedule a private consultation to get started on your case.