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Miami Wrongful Death Lawyer
The loss of a loved one is an unimaginable tragedy, especially when it occurs due to someone else’s negligence or wrongdoing. If you have lost a family member in an accident or due to someone’s reckless or negligent actions in Miami, you may have the right to pursue a wrongful death claim. While no amount of compensation can bring your loved one back, a Miami Wrongful Death Lawyer can file a lawsuit to try to help ease the financial burden and hold the responsible parties accountable.
At the Law Offices of Jason Turchin, our experienced Miami wrongful death lawyers understand the emotional and financial challenges families face after a wrongful death. We are committed to helping you seek justice for your loved one and recover the compensation you may be entitled to. Contact us today at 800-337-7755 for a free consultation, or use our live chat feature. You won’t pay any fees or costs unless we win or settle your case.
What Is a Wrongful Death Claim in Miami?
Under Florida law, a wrongful death occurs when an individual’s death is caused by the negligence, recklessness, or wrongful act of another person or entity. Wrongful death claims are civil lawsuits that allow the surviving family members or estate of the deceased to seek compensation for their losses. Common causes of wrongful death claims in Miami include:
- Car Accidents: Reckless or negligent drivers, including those who drive under the influence or while distracted, can cause fatal accidents.
- Medical Malpractice: Doctors, nurses, or other healthcare providers who fail to provide the standard of care may be held responsible for a patient’s death in a Miami medical malpractice lawsuit.
- Workplace Accidents: Unsafe working conditions or employer negligence may result in fatal accidents, especially in industries like construction or manufacturing.
- Defective Products: Manufacturers and sellers of defective or dangerous products can be held liable if the product causes fatal injuries.
- Criminal Acts: Wrongful death claims may also arise from intentional criminal acts, such as assaults or shootings.
Who Can File a Wrongful Death Claim in Miami?
In Florida, the personal representative of the deceased person’s estate must typically file a wrongful death claim on behalf of the surviving family members. The personal representative is typically named in the deceased person’s will or estate plan. If there is no will, the court may appoint a personal representative to manage the case.
Family members who may be eligible to recover compensation in a wrongful death lawsuit can include:
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents
- Other relatives who were financially dependent on the deceased, such as siblings or grandparents
Compensation in a Miami Wrongful Death Lawsuit
The loss of a loved one can have devastating emotional and financial consequences. A successful wrongful death lawsuit in Miami can help surviving family members recover compensation for a variety of damages, including:
- Medical Expenses: Compensation for any medical bills related to the deceased person’s final injury or illness, including emergency room visits, surgeries, or hospital stays.
- Funeral and Burial Costs: Compensation for the costs associated with the funeral, burial, or cremation.
- Loss of Income: If the deceased person was a primary provider, family members may recover compensation for the loss of future earnings, as well as the loss of benefits such as health insurance or retirement contributions.
- Loss of Companionship and Support: Compensation for the emotional impact of losing a spouse, parent, or child, including the loss of companionship, guidance, and emotional support.
- Pain and Suffering: Surviving family members may be entitled to compensation for the emotional pain and suffering they have endured as a result of their loved one’s death.
How Our Miami Wrongful Death Lawyers Can Help
At the Law Offices of Jason Turchin, we understand that no amount of money can replace the loss of a loved one. However, pursuing a wrongful death claim may help you achieve a sense of justice and financial stability during this difficult time. Here’s how our Miami wrongful death lawyers can assist you:
1. Investigating the Circumstances of the Death
We can conduct a thorough investigation into the circumstances surrounding your loved one’s death, gathering evidence such as medical records, police reports, and witness statements to establish liability.
2. Identifying Liable Parties
Wrongful death claims may involve multiple parties, such as negligent drivers, employers, or manufacturers. Our team can identify all parties who may be responsible for your loved one’s death and pursue claims against them.
3. Filing the Wrongful Death Lawsuit
We can help you file a wrongful death lawsuit in Florida within the appropriate legal deadlines. In Florida, the statute of limitations for wrongful death claims is typically two years from the date of death. It’s important to take action as soon as possible to protect your rights.
4. Negotiating Settlements
In many wrongful death cases, the parties may reach a settlement without going to trial. We can negotiate with insurance companies and other parties on your behalf to secure a fair settlement that compensates you for your losses.
5. Representing You in Court
If a fair settlement cannot be reached, we are prepared to take your case to trial. Our experienced trial lawyers can represent you in court and present evidence to support your claim.
Wrongful Death and Florida Law
Wrongful death claims in Florida are governed by the Florida Wrongful Death Act, which outlines the legal framework for pursuing compensation in these cases. Under this law, the personal representative of the deceased person’s estate can file a lawsuit on behalf of the surviving family members. The law also sets the types of damages that may be recovered and the timeline for filing a claim.
It’s important to understand that wrongful death claims are separate from criminal cases. Even if the responsible party is facing criminal charges, such as in cases of homicide, you may still file a civil wrongful death lawsuit to seek compensation for your losses.
Why You Need a Miami Wrongful Death Lawyer
Losing a loved one is never easy, and dealing with the legal complexities of a wrongful death claim can be overwhelming. Having an experienced Miami wrongful death lawyer by your side can help you navigate the legal process and ensure that your rights are protected. At the Law Offices of Jason Turchin, we have extensive experience handling wrongful death cases and are committed to helping families seek justice for their loved ones.
We handle wrongful death cases on a contingency fee basis, meaning you won’t pay any fees or costs unless we win or settle your case. Contact us today at 800-337-7755 for a free consultation, or use our live chat feature to speak with an agent.
Let us help you pursue justice for your loved one and secure the financial compensation you deserve after a tragic loss.
Miami Wrongful Death FAQs: Answers for Families Seeking Justice
Losing a loved one unexpectedly is devastating, especially when it’s due to someone else’s negligence. Families in Miami may have questions about their legal options for pursuing a wrongful death lawsuit. This FAQ guide addresses common concerns and provides information to help you navigate this difficult process.
What Are Common Causes of Wrongful Death in Miami?
Wrongful death claims may arise from:
Car accidents.
Medical malpractice.
Workplace accidents.
Product defects.
Cruise ship injuries.
Premises liability cases, such as drownings or slip-and-falls.
What Damages Can Be Recovered in a Miami Wrongful Death Case?
Survivors may recover compensation for:
Medical expenses incurred before the death.
Funeral and burial costs.
Loss of income and benefits the deceased would have provided.
Pain and suffering endured by the survivors.
Loss of companionship and support.
How Long Do I Have to File a Wrongful Death Claim in Miami?
Florida imposes a two-year statute of limitations for wrongful death claims. This means you must file your lawsuit within two years of the date of death, though there are some exceptions in cases involving fraud or concealed evidence.
What Is the Role of Probate in a Wrongful Death Case?
The personal representative must open a probate case to administer the deceased’s estate. Any compensation awarded in the wrongful death lawsuit will be distributed according to Florida’s probate laws.
Can I File a Wrongful Death Claim If the Victim Was Partially at Fault?
Yes. Florida follows a comparative negligence rule, which means the compensation may be reduced by the percentage of fault attributed to the deceased as long as the victim wasn’t more than 50% at fault.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action filed by the survivors of a deceased person whose death was caused by someone else’s negligence, recklessness, or intentional act. The lawsuit seeks to recover compensation for the financial and emotional losses resulting from the death.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative acts on behalf of the deceased’s:
Spouse.
Children.
Parents.
Other dependents or beneficiaries named in the estate.
What If the Death Occurred on a Cruise Ship?
Cruise ship wrongful death claims are subject to unique laws, such as the Death on the High Seas Act (DOHSA).
These cases often have shorter time limits and require experienced legal representation familiar with maritime law.
How Is Pain and Suffering Calculated in a Wrongful Death Case?
Pain and suffering are subjective damages. Factors considered may include:
The emotional impact on surviving family members.
The relationship between the deceased and the survivors.
The circumstances of the death.
Can a Wrongful Death Claim Be Filed for an Unborn Child?
In Florida, wrongful death claims can be filed for the death of a viable fetus. The parents may seek compensation for emotional distress, medical expenses, and other damages.
How Much Does It Cost to Hire a Miami Wrongful Death Lawyer?
Most wrongful death lawyers work on a contingency fee basis, meaning you don’t pay unless the case is won or settled. This arrangement ensures that families can seek justice without upfront costs.
Can Punitive Damages Be Awarded in a Wrongful Death Case?
Punitive damages may be awarded if the defendant’s actions were particularly reckless, intentional, or egregious. These damages are meant to punish the wrongdoer and deter similar conduct.
What Evidence Is Needed for a Successful Wrongful Death Claim?
Evidence may include:
Medical records.
Accident reports.
Witness testimony.
Expert opinions, such as accident reconstruction specialists or medical experts.
Documentation of financial losses, like income statements.
How Long Does a Wrongful Death Case Take?
The timeline varies based on factors like:
The complexity of the case.
Whether the defendant contests liability.
The availability of evidence and witnesses. Many cases settle within a year, but others may take longer if they go to trial.
Do I Need a Lawyer for a Miami Wrongful Death Case?
Wrongful death cases are often complex and require knowledge of Florida’s specific laws. A lawyer can:
Investigate the case and gather evidence.
Negotiate with insurance companies.
Represent you in court if necessary.
Contact the Law Offices of Jason Turchin for Wrongful Death Claim Help
If you’ve lost a loved one due to someone else’s negligence, contact the Law Offices of Jason Turchin. Our experienced team can help you pursue justice and compensation. Call us at 800-337-7755 or visit www.victimaid.com for a free consultation.