Since 1986, Nationwide Disability Representatives also known as Berke Law Firm, P.A. has been representing the families of wrongful death victims. We understand the pain and suffering that you are going through and we want to help you get justice and compensation. We provide personalized legal advice and will fight aggressively to get you the best possible outcome in your case.
Our Miami wrongful death lawyers have a deep understanding of the laws in Florida and will work tirelessly to get you the compensation you deserve. You can check out our Google Reviews to see what our clients have said about our firm.
What is Wrongful Death?
Wrongful death is a legal term that refers to a death that was caused by the negligence or wrongful act of another person. If you have lost a loved one in such a tragedy, you may be entitled to file a wrongful death lawsuit.
A wrongful death civil litigation claim may be brought regardless of whether criminal charges are filed.
In Florida, the spouse, children, or parents of the deceased may bring a wrongful death claim. Only certain family members are eligible to file a claim, and the time frame in which they must do so is limited.
The statute of limitations for wrongful death in Florida is two years after the date of death. This means that you have two years to file a claim, or you will be barred from doing so.
A wrongful death lawyer in Miami can help you understand your legal rights and options, and will work tirelessly to help you get the justice and compensation you deserve.
Common Causes of Wrongful Death
There are many factors that might contribute to a wrongful death, and you may bring liability claims if the loss of life was caused by someone else’s negligence, carelessness, or recklessness.
The following are some of the most prevalent causes of wrongful deaths:
Auto accidents: Car accidents are the leading cause of wrongful death in the United States. If a driver was speeding, driving under the influence, or engaging in other dangerous behavior, they may be held liable for any resulting fatalities. This includes motorcycle crashes, truck accidents, and pedestrian accidents.
Medical malpractice: When health care professionals fail to provide adequate care, it can often lead to devastating consequences. If your loved one died due to a doctor’s mistake or negligence, you may have a claim for wrongful death.
Workplace accidents: Employers have a responsibility to maintain a safe work environment. If an employee is killed on the job due to dangerous conditions, the company may be held liable.
Defective products: If a defective product causes a death, the manufacturer or designer may be held responsible.
Slip and Fall: If someone dies after suffering an injury in a slip and fall accident, the property owner may be held at fault if they failed to maintain a safe environment.
Dog bites and animal attacks: If a person is killed by a dog or another animal, the owner may be held liable.
All these cases have one thing in common: They were caused by someone else’s negligence. If you have lost a loved one due to someone else’s careless actions, you may be able to file a wrongful death lawsuit.
What You Need to Prove in a Wrongful Death Claim
In order to succeed in a wrongful death claim, you will need to show that another party’s negligence or misconduct led to your loved one’s death. This will typically require evidence that the defendant had a duty to act in a certain way, and that they breached this duty, resulting in death.
For example, if you are suing a doctor for wrongful death, you will need to show that the doctor owed your loved one a duty of care and that they failed to meet this standard, resulting in death.
It is important to note that not all deaths will give rise to a successful wrongful death claim. In order for the death to be considered wrongful, it must have been caused by someone else’s negligence or misconduct. If the death was caused by an act of nature or something beyond anyone’s control, it will not be considered wrongful.
You will also need to demonstrate that you have suffered financial damages as a result of the death. This can include funeral and burial expenses, medical bills, loss of income, and more.
An experienced Miami wrongful death attorney can help you gather evidence to support your claim and build a strong case for compensation.
What Damages Can Be Recovered in a Wrongful Death Case?
There are many types of damages that may be available in a wrongful death lawsuit. The following are some of the most common:
- Medical expenses: If your loved one required medical treatment before they passed away, you may be able to recover the cost of those expenses.
- Funeral and burial expenses: You should be compensated for the cost of your loved one’s funeral and burial.
- Loss of income: If your loved one was the primary breadwinner in your family, you may be able to recover the loss of their income.
- Loss of companionship: You may be able to recover damages for the loss of companionship or support that you have suffered as a result of your loved one’s death.
- Pain and suffering: If your loved one died a painful death, you may be able to recover damages for the pain and suffering that they endured.
- Punitive damages: In some cases, the court may award punitive damages, which are designed to punish the defendant for their negligence.
Losing a loved one can be emotionally devastating. While we understand your emotional pain, we want to help to lower your financial burden by fighting for the full compensation you deserve. An experienced wrongful death attorney in Miami will do all the legal formalities for you so that you can focus on your grieving process.
How can a Miami Wrongful Death Lawyer help you?
It can be difficult to deal with the legal aspects of a loved one’s death while you are grieving.
Your wrongful death attorney will investigate the circumstances of your loved one’s death and gather evidence to support your claim. They will also handle all correspondence and negotiations with the insurance company. You should not have to bear the financial burden of a loved one’s death caused by someone else’s negligence. Let a Miami Personal Injury Lawyer help you get the justice and compensation you deserve.
If you have lost a loved one due to negligence of someone else, turn to one of our Miami Wrongful Death Lawyers. Contact us today for a free case evaluation. We will review your case and answer any questions you have.