WRONGFUL DEATH
Under Florida’s Wrongful Death Act (§768.16–768.26), eligible damages include:
Lost Support and Services: Survivors can claim for the financial support and services the deceased provided, calculated from the date of injury to death and projected into the future.
Loss of Companionship and Protection: The spouse may recover for loss of companionship, while children can claim loss of parental guidance.
Mental Pain and Suffering: Spouses, children, and, in some cases, parents, can seek compensation for emotional suffering due to the loss.
Medical and Funeral Expenses: Recoverable by the estate or a survivor who has paid these costs.
Lost Earnings of the Deceased: The estate can recover the deceased’s lost wages, benefits, and potential net accumulations (savings and investments) the deceased would have provided.
Punitive Damages: In cases of intentional misconduct or gross negligence, punitive damages may be awarded.
These damages vary based on the survivor’s relationship to the deceased, and the estate can claim damages separately from survivors.
Miami Wrongful Death Lawyer
We understand that no amount of money can replace a spouse or child.
Often, the surviving family members are too preoccupied with grief to contemplate lawsuits against possible at-fault parties, and rightly so. At Perkins Law Offices, we confidentially counsel families about their rights and potential causes of action if your loved one is killed because of the wrongful conduct of another person or corporate entity. We try to make the process as least intrusive as possible. It is important for the those who have lost loved ones to understand that special laws apply to cases involving death. Wrongful Death statutes vary from state to state and define who may sue and the type of damages that may be recovered. Florida has the Wrongful Death Act. It is found in Florida Statutes Sections 768.16-768.26.
Impacted By Wrongful Death?
In particular, families must keep in mind that the statute of limitations for a wrongful death claim in Florida is only 2 years. This means that if you do not file a lawsuit within 2 years of the death, you can never bring a lawsuit. There are very few exceptions to that harsh rule. This very short statute of limitations can run very fast when a person is in mourning and the last thing on their mind is a lawsuit about money. Attorney Alex Perkins understands these concerns and counsels his clients through these difficult times. Victims of wrongful death have specific rights in Florida, and Perkins Personal Injury Lawyers works tirelessly to secure the maximum financial recovery allowed by Florida law.
An example of negligence resulting in a Wrongful Death is if a person on a motorcycle is struck and killed by another motorist who ran a red light. Other examples of negligent Wrongful Death would be if a condo association or homeowner failed to enclose a swimming pool and a child drowned; or a company that manufactures medicine that did not follow proper quality control procedures and made a tainted batch killing those who took it; or if a doctor does not interpret test results accurately and does not provide the correct medical intervention ultimately killing a patient that could have easily been saved. In all of these different situations, the negligent parties may be held liable for the economic damages and emotional pain and suffering caused to the family members.
If you or a loved one have been injured in an accident, contact us!
Attorney Alex Perkins has been a Miami personal injury lawyer for over two decades, and has handled just about every type of personal injury case. If you or a loved one was injured as a result of someone else’s negligent or intentional acts, call Attorney Alex Perkins at 305-741-LAWS(5297) or email him at perkins@PerkinsLawOffices.com for a free confidential case review.
The same goes for intentional acts that result in death. For example a drunk driver who crashes killing their passengers, may be held liable for Wrongful Death. Another example of an intentional Wrongful Death is if two men get into a verbal altercation leading one of the men to hit or shoot the other man dead. Even though those intentional acts are illegal and can lead to criminal charges and prison, civil case for money damages may be brought by the survivors of the victim. A Wrongful Death lawsuit is separate and distinct from any related criminal charges brought by the state. The burden of proof is different in a civil case than it is in a criminal case. Therefore, a defendant acquitted of murder in a criminal trial, may still be successfully sued in a civil action by the victim’s family for Wrongful Death.
Miami Wrongful Death Attorney
Helping victims throughout Miami-Dade County & all of Florida
Understanding Wrongful Death Lawsuits: An Overview
Losing a loved one is an incredibly painful and devastating experience.
In cases where the death of an individual is caused by the negligence or misconduct of another party, the surviving family members may have grounds to pursue a wrongful death lawsuit. A wrongful death lawsuit can help provide some measure of justice and financial compensation for the untimely loss of your loved one.
In Florida, like in many other states, wrongful death laws are in place to protect the rights of surviving family members and dependents. These laws allow eligible individuals to seek legal recourse against those responsible for the death of their loved ones.
It is important to note that only certain individuals have the right to file a wrongful death claim, typically close relatives such as spouses, children, or parents. Consulting with a skilled South Florida wrongful death attorney or a Miami wrongful death attorney can help you clarify who is eligible to file a claim under state-specific laws.
Wrongful Death Examples
Wrongful death cases encompass a wide range of scenarios, each highlighting the tragic consequences that can arise from someone’s careless or reckless behavior.
Understanding an example of wrongful death can help provide insights into the legal implications involved and help guide your legal actions.
Helicopter Accident Wrongful Death Suit
In this case represented by Perkins Law Offices, a wrongful death lawsuit unfolded following a tragic incident on the set of a low-budget movie. The family of a man who was fatally injured by the rotator blades of a remote control helicopter used in the film production pursued justice through legal action.
The lawsuit alleged that negligence in the operation or maintenance of the remote control helicopter led to the accident, causing severe brain injury and, ultimately, the man’s untimely death. Perkins Law Offices successfully negotiated a $1,000,000 settlement on behalf of the grieving family.
This case exemplifies how wrongful death lawsuits work by holding parties accountable for their negligence or misconduct that resulted in a fatal incident. In this instance, the settlement aimed to provide financial compensation to the family for their loss, covering aspects such as medical expenses and funeral costs and addressing the emotional distress endured by the surviving family members. It emphasizes the legal options available to families seeking justice and financial redress when their loved ones suffer fatal injuries due to the negligence of others.
Wrongful Death Statute of Limitations
When it comes to pursuing a wrongful death lawsuit in Miami, the statute of limitations sets a specific time frame within which a lawsuit must be filed after the occurrence of the wrongful death. In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual’s death.
The purpose of having a statute of limitations is to ensure that claims are brought forth in a timely manner, allowing for prompt resolution and avoiding potential issues with evidence or witnesses’ availability.
Failure to file within this timeframe may result in forfeiture of your right to seek compensation for losses suffered due to another party’s negligence or intentional actions leading to someone’s untimely demise.
However, certain exceptions can impact the timeline for filing a wrongful death lawsuit. For instance, if the cause of death was not immediately apparent or discovered until later on, Florida law allows for an extension known as the “discovery rule.” This means that if there was no reasonable way for you or your family to have known about the negligent act or omission causing the death at its time, then the clock for filing would start ticking when it was reasonably discovered.
Consulting with an experienced Miami wrongful death attorney can help determine whether exceptions apply to your case and guide you through this complex legal process.
Determining Eligibility for a Wrongful Death Case
When it comes to determining eligibility for filing a wrongful death case, several factors come into play.
- Establishing that the death of an individual was caused by the negligence or intentional act of another party. This means proving that the defendant’s actions directly led to the death in question. Whether it is a car accident caused by a drunk driver or medical malpractice resulting in a fatality, the negligent party must be identified and held accountable.
- Determine who can file a wrongful death lawsuit on behalf of the deceased individual. In Florida, only certain individuals have standing to bring such action.
Generally, immediate family members such as spouses, children (both biological and adopted), and parents of unmarried children who passed away are eligible to file a wrongful death lawsuit. However, there are exceptions and variations depending on specific circumstances and relationships.
- Timing is crucial in filing a wrongful death claim. Each state has its own statute of limitations regarding wrongful death cases. It is imperative to consult with an experienced Miami wrongful death attorney promptly after losing a loved one to understand your rights and ensure compliance with these time constraints.
Common Causes of Florida Wrongful Death Claims
In the unfortunate event of a wrongful death, certain accident scenarios tend to be more prevalent when it comes to filing a claim in Florida.
These scenarios can encompass a wide range of circumstances, from motor vehicle accidents to medical malpractice incidents. Understanding these common accident scenarios is crucial for families seeking justice and compensation for their loved ones.
From car crashes to motorcycle collisions, these incidents often lead to devastating consequences. Drunk driving accidents, distracted driving incidents, or reckless behavior on the road can all contribute to fatal outcomes.
In such cases, the negligent party responsible for contributing to the accident may be held liable through a wrongful death lawsuit.
When healthcare professionals fail to deliver an acceptable standard of care, leading to the untimely demise of patients, their families may seek justice through legal action. Instances such as surgical errors, medication mistakes, misdiagnosis, or failure to diagnose fatal conditions can all fall under this category.
Workplace accidents can lead to wrongful death claims when employees die due to factors such as employer negligence, unsafe conditions, faulty equipment, inadequate training, or violations of safety regulations. Surviving family members may file claims seeking compensation for expenses and damages, with success contingent on proving negligence or a breach of duty by the employer or other parties involved.
Defective products can lead to wrongful death claims when individuals die as a result of using a product that is inherently flawed or dangerous. Such claims typically arise due to factors like design defects, manufacturing errors, inadequate warnings, or insufficient instructions.
Boating accidents can lead to wrongful death claims when an individual dies as a result of a boating incident caused by negligence or misconduct. Factors contributing to such claims may include operator intoxication, reckless driving, failure to follow safety regulations, or inadequate maintenance of the watercraft.
- Drowning Accidents
Drowning accidents can lead to wrongful death claims when an individual dies as a result of negligence, recklessness, or inadequate safety measures. These claims may arise from incidents such as pool accidents, boating mishaps, or inadequate supervision.
- Rollover Accidents
Rollover accidents can lead to wrongful death claims when an individual dies as a result of a vehicle rollover caused by factors like defective design, manufacturing flaws, or negligence in maintenance. Success in these claims often hinges on demonstrating that the rollover resulted from a defect or negligence, directly leading to the tragic outcome.
- Falling Object Accidents
Falling object accidents can lead to wrongful death claims when an individual dies due to objects falling from heights, such as construction sites or improperly secured objects in public spaces. Success in these claims often involves demonstrating that the accident resulted from the negligence or wrongful actions of the party being held accountable.
- Electrocution Accidents
Electrocution accidents can lead to wrongful death claims when an individual dies due to an electrical shock caused by factors like faulty wiring, inadequate safety measures, or negligence. Success in these claims often relies on establishing that the electrocution resulted from a defect, negligence, or wrongful actions, directly leading to the fatal incident.
Each case is unique and requires careful analysis by experienced Miami wrongful death attorneys who specialize in handling such matters within the bounds set by the state’s statute of limitations. By partnering with professionals well-versed in navigating complex legal processes surrounding wrongful deaths, families can ensure that their loved one’s memory is honored by seeking justice and rightful compensation.
How a Miami Wrongful Death Attorney Can Help You Initiate a Wrongful Death Lawsuit
Conduct The Investigation
One crucial role of a Miami wrongful death attorney is to conduct a thorough investigation into the circumstances surrounding the incident that led to your loved one’s untimely demise. This investigation involves gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts if necessary.
By piecing together all available information, they can build a strong case on your behalf. Additionally, they understand the importance of timely action when it comes to filing a lawsuit within Florida’s statute of limitations for wrongful death cases.
Empathetic Legal Support
A compassionate Miami wrongful death attorney will provide you with vital emotional support throughout this challenging journey. They understand that losing a loved one is devastating and will take the time to listen to your concerns and answer any questions you may have regarding the legal process or compensation options in detail.
By keeping you informed every step of the way and offering guidance based on their expertise, they alleviate some of the burdens associated with initiating a wrongful death lawsuit. In essence, hiring an experienced Miami wrongful death attorney ensures that you have an advocate who will fight tirelessly on your behalf while providing empathy during this difficult time.
Their expertise in investigating these cases and understanding Florida’s specific laws allows them to build compelling arguments to secure rightful compensation for your loss. By entrusting your case to a skilled legal professional, you can focus on grieving and healing while they navigate the legal complexities, pursuing justice for your loved one’s wrongful death.
How Much Is A Wrongful Death Lawsuit Worth?
When it comes to compensation options in wrongful death cases, several factors come into play:
- Age and Occupation of the deceased
- Earning potential
- Contribution to the family
- Emotional impact on surviving family members
- Medical expenses incurred before the individual’s passing and funeral costs may also be considered
Compensation in wrongful death cases can cover both economic and non-economic damages.
Economic damages
This refers to tangible losses that can be quantified monetarily. This includes medical bills related to the incident leading to death, funeral expenses, loss of financial support or future earnings from the deceased individual, and any other direct monetary losses suffered by surviving family members.
Non-economic damages
These are more subjective and include emotional pain and suffering, loss of companionship or consortium for spouses or partners, and mental anguish experienced by surviving loved ones due to their loss.
Determining how much a wrongful death lawsuit is worth depends on numerous factors unique to each case. Miami wrongful death attorneys possess expertise in evaluating these factors based on their knowledge of relevant laws and courtroom precedents. They understand how insurance companies may undervalue claims or attempt to shift blame onto the deceased individual in order to reduce compensation amounts. It is essential for families seeking justice following a tragic loss to file a claim with an experienced Miami wrongful death lawyer who will vigorously fight for maximum compensation on their behalf.
Who gets the money in a wrongful death lawsuit?
In a wrongful death lawsuit, determining who gets the money awarded as compensation is a crucial aspect that requires careful consideration. The distribution of funds in such cases typically depends on a variety of factors, including the laws of the state where the lawsuit is filed and the specific circumstances surrounding the case.
To ensure fair distribution, it is essential to consult with an experienced Miami wrongful death attorney who can guide you through this complex process.
In Florida, when a wrongful death claim results in financial compensation, there are specific guidelines that dictate how the funds should be distributed among eligible parties.
- The first step involves identifying the personal representative of the deceased’s estate. This individual is responsible for handling all matters related to distributing assets and liabilities as per Florida law.
The personal representative will then allocate monetary awards from the wrongful death lawsuit according to Florida’s statutory guidelines. Florida’s Wrongful Death Act sets out a specific order of priority for distributing compensation in these cases.
Typically, surviving spouses and children are given priority over other family members who may be entitled to receive funds from a wrongful death settlement or verdict. If you are suing on behalf of a deceased person, you could be eligible to receive money if you are a family member or are in a situation with no surviving spouses or children.
It is worth noting that while these guidelines can provide structure when dividing compensation in a wrongful death lawsuit, reaching an equitable solution often requires negotiation and potentially even litigation. Navigating through these complexities necessitates seeking guidance from qualified professionals such as Miami wrongful death attorneys who specialize in handling these types of cases.
Get Help From A Compassionate Miami Wrongful Death Attorney Today
After the devastating loss of a loved one due to the negligence or wrongful actions of another, it is crucial to seek legal assistance from a compassionate Miami wrongful death attorney. These attorneys specialize in providing support and guidance to families who have lost someone in such tragic circumstances.
A Miami wrongful death lawyer understands the complexities of these cases and can help navigate through the legal process with empathy and expertise.
A skilled Miami wrongful death attorney will be well-versed in these laws, ensuring that all necessary paperwork is filed promptly and within the prescribed time limits. When determining how much a wrongful death lawsuit may be worth, many factors come into play.
The experienced Miami wrongful death lawyers will analyze various elements such as medical bills, funeral expenses, loss of income or financial support, and emotional pain and suffering endured by surviving family members. Additionally, they will consider any punitive damages that may apply if the defendant’s actions were particularly egregious or intentionally harmful.
While it is impossible to assign a precise monetary value to such losses, working with an experienced Florida wrongful death lawyer will ensure that you receive fair compensation for your family’s loss.
A knowledgeable Miami wrongful death attorney will guide you through this process and help determine how funds should be allocated among eligible beneficiaries. If you find yourself facing the devastating consequences of losing a loved one due to someone else’s negligence, it is vital to seek the assistance of a Miami wrongful death attorney.
If you or a loved one have been injured in an accident, contact us!
Attorney Alex Perkins has been a Miami personal injury lawyer for over 20 years and has handled just about every type of personal injury case. If you’ve been impacted by wrongful death, call Attorney Alex Perkins at 305-741-5297 or email him at perkins@PerkinsLawOffices.com for a free, confidential case review.