Miami Wrongful Death Lawyer
Losing a loved one unexpectedly is one of the most devastating experiences anyone can face. When their death is caused by someone else’s negligence or wrongdoing, it’s even more painful. At Perkins Law Offices in Miami, we understand the emotional and financial toll this brings to families. Our wrongful death lawyers are here to help you seek justice, find closure, and secure the compensation your family deserves.
Understanding Wrongful Death
A wrongful death occurs when a person’s death is caused by the negligence or wrongful act of another. In the context of car accidents, this can happen due to various factors such as:
- Drunk driving: Impaired drivers who cause accidents can be held liable for wrongful death.
- Distracted driving: Texting, talking on the phone, or other distractions can lead to fatal accidents.
- Reckless driving: Speeding, aggressive driving, or other reckless behaviors can result in tragic consequences.
- Defective vehicle: Faulty vehicle parts or design flaws can contribute to accidents.
What Qualifies as Wrongful Death in Florida?
In Florida, a wrongful death occurs when someone’s negligence, recklessness, or intentional actions result in another person’s death. These cases can arise from car accidents, medical errors, unsafe premises, defective products, and more. Essentially, if your loved one would have had grounds for a personal injury claim had they survived, it likely qualifies as a wrongful death case.
Who Can File a Wrongful Death Case in Florida?
In Florida, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This individual is often named in the deceased’s will. If no will exists, the court appoints a representative. The lawsuit is filed on behalf of the surviving family members, such as:
- Spouse
- Children
- Parents
- Other relatives financially dependent on the deceased
Having a clear understanding of who can file ensures the process moves smoothly and includes all eligible survivors.
Common Wrongful Death Cases in Miami
Miami sees a wide range of wrongful death cases. Some of the most common include:
- Distracted Driving Accidents: Texting, talking on the phone, or other distractions often lead to fatal crashes.
- Commercial Vehicle Collisions: Large trucks and buses can cause catastrophic accidents due to their size and weight.
- Product Liability Claims: Dangerous or defective products can lead to fatal injuries.
- Medical Malpractice Cases: Errors by doctors, nurses, or hospitals can have deadly consequences.
- Construction Accidents: Unsafe job sites are a leading cause of wrongful death in the workplace.
- Pool and Boating Accidents: Common in Miami, these accidents often stem from negligence or lack of safety measures.
- Pedestrian, Bicycle, and Motorcycle Accidents: Vulnerable road users are at higher risk of fatal injuries in traffic accidents.
How Much Time Do You Have to File a Wrongful Death Claim?
Florida law imposes a two-year statute of limitations for filing a wrongful death claim. This means you have just 24 months from the date of your loved one’s passing to initiate legal action. While this might seem like a long time, gathering evidence, identifying liable parties, and calculating damages takes significant effort. Starting early ensures no important deadlines are missed.
Damages Recoverable in a Wrongful Death Lawsuit
A wrongful death lawsuit can help your family recover various damages, including:
- Financial Losses: Lost income, benefits, and funeral expenses.
- Emotional Losses: Pain and suffering, loss of companionship, and guidance.
- Punitive Damages: In cases of gross negligence, courts may award additional compensation to punish the wrongdoer.
Each case is unique, so working with an experienced attorney ensures you claim all applicable damages.
Why Choose Perkins Law Offices for Your Miami Wrongful Death Case?
When you’re dealing with a loss, choosing the right lawyer can make a world of difference. Here’s why families in Miami trust Perkins Law Offices:
- Personalized Attention: We treat every case with the care and dedication it deserves.
- Proven Results: Our firm has a history of securing substantial settlements for wrongful death claims.
- Bilingual Services: We’re fluent in Spanish and ready to assist Miami’s diverse community.
- Free Consultations: We don’t charge unless we win your case, so there’s no risk in reaching out.
How a Wrongful Death Lawyer Can Help
A wrongful death attorney can help you navigate the legal process and seek justice for your loved one. They can:
- Investigate the accident: Gather evidence, interview witnesses, and consult with experts to determine liability.
- File a lawsuit: Prepare and file a lawsuit against the responsible party, seeking compensation for damages such as medical expenses, lost wages, funeral costs, and pain and suffering.
- Represent you in court: Advocate for your rights in court and negotiate with insurance companies.
- Obtain maximum compensation: Fight for the highest possible settlement or verdict.
Frequently Asked Questions About Wrongful Death in Florida
Who is the personal representative?
This is the individual responsible for managing the deceased’s estate and filing the wrongful death claim. Often, it’s a spouse or another close relative.
Can you file a lawsuit before being appointed as a personal representative?
No, you must first be officially named as the personal representative by the court or through the deceased’s will.
What are the most common types of wrongful death cases?
Car accidents, medical malpractice, workplace injuries, and defective products are frequent causes of wrongful death lawsuits.
Who is liable in a wrongful death claim?
Liability depends on the circumstances. It could be a negligent driver, a medical professional, an employer, or even a manufacturer.
What is the statute of limitations for a wrongful death lawsuit?
The statute of limitations for a wrongful death lawsuit varies by state. It’s crucial to consult with an attorney to determine the deadline in your specific case.
How much does a wrongful death lawsuit cost?
Many wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they win your case. This means you won’t have to pay upfront fees.
What is the process of filing a wrongful death lawsuit?
The process of filing a wrongful death lawsuit involves several steps, including investigating the accident, filing a complaint, discovery, and trial. An experienced attorney can guide you through each step of the process.
Schedule Your Free Consultation with Perkins Law Offices
Losing a loved one is an emotional journey, and legal proceedings can feel overwhelming. Let us help you take the first step toward justice. Call Perkins Law Offices for a free consultation. We’re ready to answer your questions, explain your rights, and handle the heavy lifting so you can focus on healing.
At Perkins Law Offices, we’re passionate about helping families find peace after a wrongful death. While no amount of money can replace your loved one, justice can provide a sense of closure and financial security. Contact us today, and let us guide you through this difficult time with compassion and expertise.
The Emotional Toll of Losing a Loved One in a Car Accident
Losing a loved one in a car accident is a devastating experience that can have a profound impact on your life. In addition to the emotional pain, you may also face significant financial burdens. A wrongful death attorney can help you seek justice and obtain the compensation you deserve.
Contact Perkins Law Offices Today
If you have lost a loved one in a car accident, please contact Perkins Law Offices today for a free consultation. Our experienced wrongful death attorneys will fight for your rights and help you get the justice you deserve.
Call us now at (305) 741-5297 or fill out our online contact form.
Perkins Law Offices
Phone: (305) 741-5297
Address: 1728 Coral Way, Suite 702. Miami, FL 33145
https://perkinslawoffices.com
perkins@perkinslawoffices.com
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