Wrongful Death Lawyers Serving Miami Gardens
When a person dies as a result of the legal fault of another person, a wrongful death claim can be brought forth. Wrongful death statutes vary from state to state, but they all have one thing in common: they were created to provide financial support for widows and orphans.
Wrongful death lawsuits seek compensation for survivors' loss due to the wrongful death of a loved one, including lost wages from the deceased, lost companionship, and funeral expenses. Additionally, punitive damages may be sought to punish wrongdoers who acted with malice or gross negligence.
The process begins by filing a wrongful death lawsuit in court; this will trigger an investigation into the case and establish the facts that must be proven for liability to exist. Once liability has been established, the court will consider an appropriate remedy for the survivors.What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action filed when a person's death is caused by another person or entity's negligence, recklessness, or intentional misconduct. The wrongful death claim seeks to compensate the surviving family members for losses incurred due to the deceased's death, including lost wages and benefits, pain and suffering, medical expenses, funeral and burial costs, and loss of consortium. It is important to note that wrongful death claims differ from criminal charges and/or actions.
Wrongful death claims can arise from various circumstances, such as auto accidents, medical malpractice, nursing home neglect or abuse, slip and fall accidents, or workplace accidents. In many cases, the deceased's family can file a wrongful death claim even if criminal charges are never brought.
Filing a wrongful death claim is a complex and emotional process. It requires evidence of negligence and an understanding of applicable state laws and often requires the assistance of an experienced wrongful death attorney. If successful, a wrongful death lawsuit can provide financial relief to the deceased's family while also holding wrongdoers accountable for their actions.Wrongful Death vs Criminal Cases
It can be difficult to understand the difference between a wrongful death lawsuit and a criminal case. In a criminal case, the defendant is charged with a crime against the public. A guilty verdict results in the defendant being convicted of the offense, and punished through fines or incarceration.
In a wrongful death lawsuit, the deceased person's family (or their estate) files suit against the person responsible for their loved one's death. The goal is to obtain financial compensation for the damages suffered as a result of their death.
Unlike a criminal case, where guilt must be proven beyond a reasonable doubt, in a wrongful death lawsuit, the plaintiff only needs to prove negligence on the defendant's part by a preponderance of the evidence.
For example, if someone was charged with vehicular homicide in a criminal court, they may still be held liable in a wrongful death lawsuit. The difference is that in a wrongful death suit, the plaintiff would need to prove negligence by the driver, such as driving under the influence, driving recklessly, or speeding. If they are found to have been negligent, they would be liable for any damages from their actions.
Ultimately, it is important to understand that wrongful death lawsuits and criminal cases are two separate legal proceedings with different outcomes. Both can have serious consequences for those involved, so it is important to understand how each type of case works.Types of Wrongful Death Cases
Wrongful death cases can be caused by various incidents, from medical malpractice to car accidents. Some common types of wrongful death cases include:
- Medical Malpractice: When a healthcare provider fails to provide an acceptable level of care, and someone dies. As a result, their family may have a case for wrongful death due to medical malpractice. This could include misdiagnosis, surgical errors, and failure to follow proper protocols or prescribe necessary medications.
- Car Accidents: When a person dies in a motor vehicle accident due to someone else's negligence, it may be possible to file a wrongful death claim against the at-fault driver. This could include cases of drunk driving, reckless driving, and more.
- Product Liability: If a defective product causes someone's death, their family may be able to pursue a wrongful death case against the manufacturer or supplier.
- Criminal Acts: If someone is killed as a result of criminal acts, such as an assault or murder, the family may be able to file a wrongful death claim against the perpetrator or their estate.
- Workplace Accidents: If someone is killed on the job due to unsafe working conditions or negligence on the part of their employer, the family may be able to file a wrongful death lawsuit.
- Premises Liability: If someone is killed due to dangerous or hazardous conditions on someone else's property, their family may have a wrongful death claim against the property owner or manager.
Wrongful Death claims are complicated, and it is important to speak to an experienced attorney about your case. An attorney can help you determine if you have a valid wrongful death claim and guide you through the legal process.Who Can File a Wrongful Death Claim?
The personal representative of the deceased person's estate is the individual typically responsible for filing a wrongful death lawsuit. This is usually a spouse, parent, or adult child of the deceased. In some states, other individuals may be able to file a claim, such as siblings or grandparents.
To file a wrongful death lawsuit, the personal representative must show that they suffered a financial loss due to the death. This could be due to lost wages or medical costs associated with the deceased's final illness or injury. The personal representative must also demonstrate that their loved one was killed due to another party's negligence, recklessness, or intentional act.
If the deceased did not have an estate representative, then someone who was financially dependent on the deceased may be allowed to pursue legal action against the responsible party. An experienced wrongful death attorney can help determine who is eligible to file a wrongful death lawsuit and what legal options are available.Who Can Be Sued in a Wrongful Death Suit?
In a wrongful death lawsuit, the person responsible for the deceased's death can be sued. This may include an individual, an organization, or a government entity.
The specific individual or organization being sued will depend on the circumstances of the case and who is found to be liable. In many cases, the defendant will be the person or party whose negligence led to the deceased's death.
This could include a doctor, nurse, hospital, or other medical professionals if medical malpractice is involved. It could also include a company responsible for manufacturing a defective product or even a municipality for failing to maintain public safety.
If the person responsible for the death cannot be determined, then the deceased's estate may be able to bring a claim against their insurance or life insurance policy. The estate can also seek compensation from any available assets of the deceased, such as bank accounts or investments.
If you are considering filing a wrongful death suit, it is important to work with an experienced attorney who can help you determine who can be sued and how best to pursue your claim. An attorney can also advise you on how to best protect your legal rights and interests during the process.How Long Do I Have to File a Wrongful Death Claim?
In Miami Gardens, the statute of limitations for wrongful death claims is two years from the date of death. This means you must file your wrongful death claim within two years of the death, or you will be barred from recovering damages in a court of law. In some cases, this time limit may be extended due to special circumstances.
In Florida, a wrongful death claim must also be filed within the same period as the statute of limitations for the underlying claim that gave rise to the wrongful death lawsuit. For example, if the deceased person was injured in a car accident and died as a result of their injuries, the statute of limitations for filing a personal injury claim would also apply to the wrongful death claim.
It is important to note that this two-year limitation period applies to all wrongful death lawsuits, regardless of the nature of the case. That means that even if you are filing a wrongful death lawsuit against a government entity, such as a state or federal agency, you still need to file your claim within two years of the death, or you may lose your right to pursue damages.
If you have any questions about the statute of limitations for wrongful death claims in Miami Gardens, it is best to contact an experienced Miami Gardens wrongful death attorney who can provide guidance and answer any questions you have.How Much Is a Wrongful Death Claim Worth?
The amount of money a wrongful death claim is worth in Miami Gardens depends on several factors, including the age, health and financial circumstances of the deceased and the negligence or wrongful act that caused their death.
The settlement amount may include damages for lost wages, medical and funeral expenses, pain and suffering, and loss of companionship. Additionally, if the deceased was married, their spouse may also be entitled to compensation for the loss of their partner.
To determine how much a wrongful death claim is worth in Miami Gardens, an experienced attorney will evaluate the facts and circumstances surrounding the case. They will look at factors such as the age and health of the deceased, the cause of death, and any economic damages the surviving family members suffered.
Depending on these factors, the settlement amount can vary significantly. Generally speaking, however, the amount of compensation awarded for wrongful death claims in Miami tends to be in the range of hundreds of thousands to millions of dollars.What Do I Need to Prove in A Wrongful Death Suit?
To successfully prove a wrongful death claim, the plaintiff needs to show that the person or entity that caused the death was negligent in some way. This means they must demonstrate that the individual or entity in question acted recklessly or carelessly, resulting in the deceased's death.
The plaintiff must also show that the negligence of the defendant led directly to the death of the decedent. In other words, it must be proven that the defendant's actions were the direct cause of death and not just a contributing factor. To do this, it may be necessary to provide evidence such as medical records, police reports, accident scene photos, and expert witness testimony.
Additionally, damages must be proven to recover compensation for a wrongful death lawsuit. Damages can include funeral expenses, medical costs, pain and suffering, lost wages, and loss of companionship. These damages will be calculated based on the financial losses suffered by the deceased's family and other survivors.
Finally, the plaintiff must be able to prove that they are legally allowed to bring a wrongful death claim. This is often done by showing that they are the rightful beneficiary of the deceased's estate and/or a close relative of the deceased.What If the Person Who Died Was a Child?
If a child is wrongfully killed, it can be especially difficult for the surviving family members. It is natural to feel anger, sadness, and disbelief when a young life is cut short. If a child is wrongfully killed due to another person's negligence or recklessness, the surviving family may be able to file a wrongful death lawsuit.
In some cases, the law treats wrongful death claims involving children differently than claims involving adults. Therefore, it is important to consult with a qualified wrongful death attorney who understands the intricacies of filing a claim on behalf of a minor child.
When filing a wrongful death claim on behalf of a child, the claim will be brought by either the child's parent or legal guardian. The claim must include evidence that the defendant was responsible for the child's wrongful death.
The court will determine how much money should be awarded in damages based on factors such as lost wages and future earning potential, medical bills, funeral expenses, emotional pain and suffering, loss of companionship, and more.
It is important to note that if the child was killed while engaging in an illegal activity, the court might find that the defendant is not liable for the child's wrongful death. Furthermore, if a parent or guardian was found to have contributed to the death of the child, then that parent or guardian may not be eligible to file a wrongful death claim on behalf of the child.What If the Person Who Died Was Not a U.S. Citizen?
The wrongful death of a non-U.S. citizen can still be pursued under Florida law. The statute does not discriminate based on the victim's citizenship status. However, it is important to note that non-U.S. citizens are only allowed to pursue economic damages.
This means that their families will only be able to recover from their economic losses, such as lost wages and medical expenses. Non-U.S. citizens may also be eligible for other damages, such as pain and suffering or emotional distress, but these must be pursued through a different legal action.
The most important thing to remember is that you should speak with an experienced attorney who understands the complexities of wrongful death cases involving non-U.S. citizens. An experienced attorney can help you determine what damages you may be entitled to and help ensure that you get the compensation you deserve.Why Hire a Frankl Kominsky Injury Lawyers For Your Miami Gardens Wrongful Death Case
Filing a wrongful death claim can be overwhelming when a loved one dies due to someone else's negligence. It is essential to hire an experienced wrongful death lawyer to represent your family and handle the legal issues surrounding the case.
At Frankl Kominsky Injury Lawyers, our experienced attorneys understand the sensitive nature of these cases and strive to provide compassionate legal representation while fighting for fair compensation on behalf of our clients. Our team is skilled in negotiating with insurance companies and has successfully secured millions of dollars in settlements for wrongful death claims.
We understand that when a family member dies due to negligence, it is impossible to replace them, but we will strive to help you seek justice and secure the financial compensation your family deserves. Our attorneys will thoroughly investigate the case, build a strong legal strategy, and guide you through every step of the process.
Moreover, we are committed to advocating for your rights and will ensure you are treated fairly throughout the proceedings. We know that no money can ever make up for the loss of a loved one, but it can help secure your family's future. If you have lost a loved one due to another's negligence, contact our firm today at (561) 800-8000 and let us fight for justice on your behalf.