Miami Florida Wrongful Death Lawyer
Losing a loved one is always devastating, but when your family member passes away due to the negligence or reckless conduct of someone else, it is especially tragic. If your loved one died as the result of another party’s bad actions, our firm’s Miami Florida wrongful death lawyers can help. Call the Cordero Law Firm today to learn more and discuss the first steps you should take.
What Is a Wrongful Death Claim?
Wrongful death is defined under Florida law as a death caused by a wrongful act that, had the victim lived, he or she would have had a personal injury claim against the responsible party.
The purpose of a wrongful death action is not to simply seek compensation for the loss of your loved one’s life. No amount of monetary damages can make up for the loss you have suffered.
A wrongful death action can, however, hold the responsible party accountable, deter similar harmful conduct in the future, and obtain necessary funds to pay medical bills, funeral expenses, and help make up for lost wages and benefits provided by your deceased loved one.
Seeking justice for your loved one can help ease your grief during such a difficult time. One of our experienced wrongful death attorneys in Miami Florida can examine the facts of your case and walk you through the process of deciding whether filing a wrongful death claim is the right course of action for your family. We have provided some answers to frequently asked questions about wrongful death.
Common Types of Wrongful Death Cases
Wrongful death claims can stem from almost any situation in which a person is killed due, at least in part, to someone else’s negligent or dangerous behavior. Companies, hospitals, employers and individual persons may all be held responsible for causing a person’s death.
Some of the most common types of wrongful death claims we handle include but are not limited to:
- Medical malpractice
- Vehicular manslaughter
- Drunk driver cases
- Reckless or aggressive driving
- Bicycle and pedestrian accidents
- Prescription mistakes
- Negligent caregivers
- Child abuse and neglect
- Workplace accidents
- Slip and fall incidents
- Construction site accidents
- Sports and recreation fatalities
- Travel industry accidents
- Assault and battery deaths
- Homicide
- Domestic violence
- Drowning deaths
How Can a Miami Florida Wrongful Death Attorney Help?
Wrongful death cases can be quite complex, since they can involve criminal investigations, professional misconduct, government regulation violations, a history of negligent conduct and potentially numerous other victims.
To know when to file your case, you will likely need to consult a Miami Florida wrongful death lawyer who has experience reviewing medical records, working with police investigators, interviewing and deposing witnesses, and dealing with both individual and class-action claims.
While no legal measures can bring back your loved one, our compassionate wrongful death attorneys can fight to get justice on his or her behalf. Consulting a personal injury attorney who handles wrongful death claims is the first step you can take toward holding the negligent party accountable.
When Can I File a Wrongful Death Lawsuit?
If you have recently endured the loss of a loved one, you may have questions about what subsequent action you can take, including “Do I have grounds to pursue a wrongful death lawsuit?” or “How can I determine whether or not someone else was liable for my family member’s death?” For this reason, the Cordero Law Firm would like to take the time to explain the state’s related statutes and help you to understand what rights you may possess.
Grounds for Filing a Wrongful Death Action
According Florida Law, the family of the deceased may have grounds to pursue a lawsuit in the event that “the death of a person is caused by a wrongful act, neglect or default of another.” This means that a wide variety of circumstances may qualify for civil action. What you must understand, however, is that you must be able to show that someone else’s careless actions have directly contributed to the death.
This should not be mistaken to mean that the responsible party has willfully or intentionally caused the death of a loved one—as this matter would be taken up in criminal proceedings—but rather that the death was an accidental byproduct of their actions.
Demonstrating Damages
In proving this, the family would have the opportunity to recover compensation for losses that they have suffered, including both economic and non-economic damages. If, for example, the deceased had one or more dependents relying on their income, these parties may ask to be compensated for the future loss of income that they have sustained.
Similarly, they could pursue damages for funeral and burial expenses. As far as non-economic losses are concerned, a family may request compensation for things like emotional pain and suffering, loss of companionship, loss of society, etc.
Review the Facts of Your Case Carefully
Each case is different, however, and should be handled as such. There is no way to definitely determine whether or not you have a valid reason to pursue a personal injury lawsuit until you review the circumstances of your case with an experienced legal professional. In doing so, a lawyer can investigate the cause of your loved one’s death and figure out the appropriate legal action to move forward with.
For this reason, we urge you to consult with the legal team at our firm as soon as possible. We are available to look over your case and answer any questions that you may have about pursuing a wrongful death lawsuit at no cost to you, so do not hesitate to contact our firm today. We will take your call 24 hours a day, seven days a week, so contact us today for your free initial consultation.
Wrongful Death Frequently Asked Questions
What is a Wrongful Death Claim?
A wrongful death lawsuit alleges that the deceased was killed as a result of the negligence (or other liability) on the part of the defendant’s, and that the surviving dependents or beneficiaries children or family members) are entitled to monetary damages as a result of the defendant’s conduct.
What Are The Elements of a Wrongful Death Claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim.
Who Should Start the Investigation of a Potential Wrongful Death Claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What Kinds of Damages Are Recoverable in a Wrongful Death Claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
When are Punitive Damages Available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it
· Wrongful Death Frequently Asked Questions
What is a Wrongful Death Claim?
A wrongful death lawsuit alleges that the deceased was killed as a result of the negligence (or other liability) on the part of the defendant’s, and that the surviving dependents or beneficiaries children or family members) are entitled to monetary damages as a result of the defendant’s conduct.
What Are The Elements of a Wrongful Death Claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim.
Who Should Start the Investigation of a Potential Wrongful Death Claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What Kinds of Damages Are Recoverable in a Wrongful Death Claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
When are Punitive Damages Available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant’s conduct, which caused the victim’s death, was intentional or malicious.
How Are Future Damages Calculated, and What is “Present Value”?
Many states have adopted life expectancy tables for use in calculating future losses. It is common to take the victim’s earnings at the time of their death and calculate the remaining years until retirement or expected death to figure future loss of earnings. Life expectancy table are also used to calculate loss of benefits, such as the amount of pension benefits, which would have been available, had the victim lived.
At the Cordero Law Firm, we are proud to service residents all throughout Florida with their wrongful death claims from our offices located in Miami Florida and other cities across the state. For more information about filing a wrongful death claim, please contact a Miami Florida wrongful death attorney from our firm today.