Wrongful Death Lawyers Helping Family Members Seek Compensation in Miami, Florida
It is never easy to accept a loved one’s death. We may very well grieve their passing for years or possibly our entire lives. One does not simply “get over” the emotional pain of losing a father, mother, sibling, daughter, son, partner, or spouse. We will carry that weight with us wherever we go, hide the mental pain just beneath the surface.
This anguish is made all that much worse when our loved ones are taken from us in some wrongful act of negligence, violence, or a cruel twist of fate.
No punitive damages can ever hope to bring your dearly departed back to you. However, by pursuing compensation, you may be able to live more comfortably with less financial burden following their untimely death. Families who’ve lost someone in a death caused by another responsible party may be eligible to file a wrongful death lawsuit.
If you are looking to take legal action in such a way, it would be wise to seek out experienced wrongful death lawyers in your state. The attorneys of Mausner Graham Injury Law PLLC have years of experience helping grieving clients with wrongful death claims seek compensation. We would be humbled to represent your family in such a case.
Most wrongful death cases stem from acts of negligence. However, in other cases, wrongful death occurs as the result of murderous intent or an unfortunate accident. Car accidents are common causes of wrongful deaths. In order to be awarded compensation, though, wrongful death lawsuits must show that the other party was at-fault in some way.
It is asking too much of grieving family members to build a strong wrongful death case so shortly after the loss of their loved one. That’s why you should consider entrusting this burden with a wrongful death lawyer who has a track record of successfully recovering fair settlements for their clients.
The wrongful death attorneys of our firm operate on a contingency fee basis, which means that you owe us nothing if we are unable to successfully recover compensation for your case. Please contact us to schedule a free case evaluation, and we can help you determine how to proceed with your wrongful death claim from there.
What is Florida’s Wrongful Death Act?
Florida’s wrongful death statute allows for surviving family members of the deceased person to seek damages from the responsible party. The deceased person’s estate, typically represented by a chosen family member or attorney, may then file a civil suit against the accused.
Surviving family members and those named in the estate may seek to recover the value of lost support and services from the date of the injury to the time of death. The surviving spouse may also be able to recover financially for lost companionship and for mental pain and suffering. Any children of the deceased person may be able to recover compensation for their loss of emotional support, guidance, and protection. If family members were responsible for medical and funeral expenses, then these will be repaid.
This wrongful death claim must be filed within two years of the death. To learn more about Florida’s state-specific wrongful death laws, please contact our law firm to speak with our legal team.
How Do You Know Whether You Have a Valid Wrongful Death Claim?
If lost a loved one in a wrongful act — a car accident, assault, medical malpractice, construction site accident, etc. — caused by another party’s negligence, you may be eligible to pursue monetary damages with a wrongful death lawsuit. The surviving partner and blood relatives of the deceased person have certain legal rights, especially if they were in some way dependent on the decedent for emotional or financial support prior to that person’s death.
In order to ensure that you have a valid wrongful death case, you should speak with a legal team familiar with cases such as yours. Sometimes an accident is the fault of no one. Sometimes insurance companies and legal systems recognize “acts of God” and cannot put the blame on any mortal soul.
Your wrongful death attorney can help you determine whether you have the grounds to take legal action following your loved one’s death. To speak to our attorneys, surviving family members are invited to contact our law firm for a free initial consultation.
Who Can Legally File a Wrongful Death Claim in Florida?
In the state of Florida, those who can file wrongful death claims may be the deceased’s surviving partner or close blood relatives such as their parents or children. But Florida also allows any surviving family members or people named in the deceased’s estate who were reliant upon the deceased for financial or emotional support.
There is one important note regarding children of unmarried parents. If the unwedded mother dies, then the children stand to recover damages upon their death. If the children’s unmarried father dies, then the children may only receive compensation if the father had, before the time of his death, formally and legally recognized the children as his own.
What Sort of Damages Could Be Recovered with a Wrongful Death Lawsuit?
In the event of a successful wrongful death lawsuit, the courts may award punitive damages to any surviving family members who had a rightful interest in the claim, as well as those named in the deceased person’s estate. These wrongful death damages may take the form of economic and non-economic damages.
Examples of economic damages include:
- Burial expenses.
- Funeral expenses.
- Loss of benefits.
- Loss of inheritance.
- Lost future income.
- Lost wages.
- Medical expenses from the time between injury and death.
Examples of non-economic punitive damages may include:
- Emotional distress.
- Emotional support.
- Loss of companionship, consortium, love, and protection for a partner or spouse.
- Loss of parental guidance and instruction.
- Mental pain and suffering.
- Psychological disorders such as depression, anxiety, and PTSD.
What Are Common Examples of Wrongful Death Cases?
Many of the accidents listed here could also be found mentioned in a typical personal injury claim. That’s simply because the majority of wrongful death cases look a lot like personal injury cases, except with the notable difference being that the individual who suffered an injury passed away from their wounds, and it has fallen to a family member to file a wrongful death claim in their stead. And instead of hopefully recovering fair compensation for medical bills, those behind the suit may be mostly concerned about funeral and burial expenses.
Examples of a fatal accident that could be the basis of a wrongful death suit include:
- Birth injuries.
- Boating accident.
- Bus accident.
- Car accident.
- Construction site accident.
- Criminal acts.
- Defective equipment.
- Drunk driving accident.
- Exposure to toxic chemicals.
- Failing one’s legal and moral duty to prevent the death of a child.
- A fatal accident during a supervised activity.
- Improperly maintained machinery.
- Inadequate safety precautions.
- Medical malpractice.
- Motorcycle accident.
- Pedestrian or bicycle accident.
- Premises liability accident.
- Slip-and-fall accident.
- Trucking accident.
- Workplace accident.
In addition to the at-fault party being held accountable in a civil suit, their actions may also be tried as a criminal case, depending on the circumstances. Following a criminal case that put the accused on trial for murder, the surviving family members may consult with a wrongful death attorney about how to file a lawsuit. Even if the defendant was found not guilty in their criminal case for murder, a family member may still file a wrongful death suit and potentially be awarded for their pain and suffering. This will not always be the case, and it is important that you work in coordination with experienced wrongful death lawyers for better chances of success.
Schedule a Free Consultation with an Experienced Wrongful Death Lawyer Today
If you have recently lost a partner, a spouse, a parent, a sibling, or, heaven forbid, a child in a fatal accident, then we at Mausner Graham Injury Law PLLC offer our most sincere condolences. It is never easy to lose someone you care about, especially when they are taken from us in a moment of recklessness, negligence, or cruelty. Taking legal action cannot possibly hope to return your loved ones back into your embrace. Still, a successfully argued wrongful death lawsuit could help ease the financial burden of medical expenses, lost wages, and funeral costs and address any future income lost as a result of your loved one’s death.
There is also the possibility that, by taking legal action and seeking to hold the at-fault parties accountable for their acts, you may shine a light on them, exposing their misdeeds to all. This, in turn, may help prevent other families from suffering a similar fate, as wrongful death lawsuits may be so costly and damning that they prevent the accused from wreaking havoc the same way again.
The wrongful death lawyers of Miami’s Mausner Graham Injury Law PLLC would be humbled to represent you and your family during this incredibly difficult time. Contact us to schedule a free consultation. 305-344-4878.