If you are one of the family members or survivors of the deceased person, you may file a wrongful death lawsuit if their death was caused by negligence. A wrongful death suit is typically filed to seek financial recompense to cover the survivor’s damages. During this time of grief and anguish, our Miami wrongful death lawyers can oversee your case.
Missed pay and burial costs are examples of the several kinds of losses that can occur. In order to win a wrongful death settlement, an investigation will be conducted, and the help of medical experts, witnesses, and other specialists may be needed. The Miami wrongful death lawyer at The Schiller Kessler Group has successfully handled wrongful death cases for almost three decades and wants to help you.
In a free case review, we can discuss your case, the value of your wrongful death claim, the deadlines involved, and more. To prepare for our initial session, we’ve summarized the basics of a wrongful death case. Learn how our Miami personal injury lawyer will fight for you to get fair compensation.
Who May Bring a Lawsuit for Wrongful Death?
If a family member passes away as a result of the legal wrongdoing of another person, you may be able to file a wrongful death lawsuit. For instance, a bartender who over-served alcohol before they got behind the wheel, a negligent medical expert or a company owner who neglected to maintain their property are all examples of at-fault parties. There are many instances in which someone else may be responsible for the losses your family member suffered.
Each state has its own wrongful death laws. Florida permits survivors such as spouses, children, parents, or dependents to file a claim within two years of the decedent’s passing. If you are one of these parties, reach out to our wrongful death lawyer in Miami for immediate support.
Our legal team works very closely with you to determine if wrongful death has occurred. We use all available evidence, expert witnesses, and comprehensive research to learn as much as we can about your family member’s case. We then provide transparent insight into what your rights may be.
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Legal Instances When Wrongful Death Can Be Claimed
When an accident victim who may have legally brought an injury claim against someone else passes away due to the defendant’s negligent behavior, wrongful death claims can be filed with a wrongful death lawyer in Miami. Proving negligence may seem challenging, but doing so may help family members recoup some of the financial burden they are now facing. Our goal is to fully understand what occurred in your case.
With information about the accident, we can then work to prove what your losses are in that situation. This is difficult for all family members. Yet, in many situations, it is critical to protect your financial future.
Numerous instances could fall under wrongful death. Our wrongful death attorney will help you navigate the details of your case. This could occur in a number of circumstances, including:
Murder
A wrongful death claim could be appropriate if someone intentionally murders another person. For instance, the offender will be charged with a crime if they murder the victim. Additionally, the victims’ families have the right to file wrongful death cases in civil court. A wrongful death claim is a civil dispute and will be handled separately from a criminal case.
Medical Negligence
A wrongful death claim may be made against healthcare professionals under established medical malpractice rules if a doctor misidentifies the medical issue that led to a patient’s death. The same applies if a nurse provides the victim with negligent treatment and the patient passes away as a result of this misconduct. Our Miami medical malpractice lawyers will work closely with you to understand the complexity of health matters that could have led to these losses.
Vehicle Accidents
A wrongful death case may be appropriate if someone is killed in a car accident and investigators determine that the driver at fault acted negligently while operating the vehicle. Driving while under the influence of alcohol or drugs, disobeying traffic rules, and defensive driving are a few examples.
Wrongful death due to intoxication changes the lives of thousands of people every year, and a Miami car accident lawyer will work to pursue compensation owed to you as a result.
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Key Elements in a Wrongful Death Claim
The complexity of a wrongful death claim lies in determining what occurred, if it could be presented, and whether or not others should have known about it. This is never simple to do, but our experience can help in these cases. A wrongful death case requires the following conditions to be satisfied:
- Someone dies as a result of another person’s carelessness or malicious intent to hurt the departed person.
- There are financial losses the surviving members are responsible for due to the death.
- The selection of a personal representative to handle the decedent’s estate has been made.
If the investigation for your wrongful death case takes longer than anticipated to identify fault, a claim can still be submitted. Allow our attorneys to provide you with guidance on what your rights are. We also encourage you to reach out to our wrongful death lawyer in Miami right away for support and guidance.
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Recoverable Compensation for a Wrongful Death Survivor
A wrongful death attorney in Miami can help you recover damages for things like loss of consortium, lost services, guardianship, treatment costs, funeral costs, and possibly more. We will work to identify all potential losses you have suffered.
The majority of states, including Florida, uphold negligence laws that specify who qualifies for damages and what kinds of damages a court may grant in a wrongful death case. Frequently, each state will stipulate that the verdict in a wrongful death case serves as just compensation for the monetary losses brought on by the deceased person’s passing. Additionally, a person who is a co-owner of a decedent’s estate may be entitled to compensation for funeral and medical expenses that they paid for or are responsible for paying.
The damages you suffered are hard to put a figure on, but using our experience, case law, and evidence, we can work to ensure you receive as much compensation as possible after this incident. This is one of the most important reasons to work with an attorney. We can help you maximize your claim by utilizing our advanced experience to support the claims process.
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How Are Settlement Amounts for Wrongful Death Calculated?
To calculate the losses related to a wrongful death, we must look at all costs involved in the matter. This typically begins with a focus on the financial losses that are easy to pinpoint, such as the medical bills and cost of a funeral. Yet, this is often far from the only factor to consider.
Most of the time, you may also be owed compensation for the impact this loss has had on you both emotionally and financially. Though challenging, we look at numerous factors related to the impact of this death and what it means for your future as a close family member. Often, this can be challenging to do from your own point of view, but by using cases like yours, we can get a more accurate representation of your losses.
The decedent’s age will be one of several variables affecting the size of your wrongful death award. Any damages, such as medical costs, funeral costs, and the estimated cost of your pain and suffering, will be considered. Our attorneys at The Schiller Kessler Group will also consider any additional losses.
How Difficult Can It Be to Establish Wrongful Death?
Satisfying the burden of proof in a wrongful death case may be challenging. We must exhaust all available evidence and work to properly identify the losses you and your family members suffered. This takes work but also experience.
Your Miami wrongful death attorney will need to gather evidence to substantiate the claim’s elements. This may require paying fees to professionals who can solidify elements of your case. After paying these costs, our attorneys will withdraw their payment from your settlement.
Our experience enables our legal team to work very closely with you to examine the potential risks presented in your case, such as any areas of limited evidence. Your attorney will also exhaust all possible resources to support your claim from the standpoint of noneconomic losses. Invest in this legal support to ensure you do not leave valuable resources inaccessible to you.
Wrongful Death Settlements: How Are They Disbursed?
When a wrongful death claim is resolved, the at-fault party’s insurance provider will send your attorney a settlement check for the entire amount. The remaining funds will be distributed to the surviving family members in accordance with the judgment awarded after the attorney deducts their service costs. The estate executor may furthermore get the check from the lawyer.
Why Should You Hire Our Miami Wrongful Death Attorney for Your Case?
With the assistance of a highly skilled wrongful death attorney, you gain insight into the legal rights available to you. You also have a trusted professional by your side to guide you through this complicated process. We know the emotional toll this can have on a family member, but we also know you need legal representation to fight for full and fair compensation.
- We are available to you 24 hours a day. When an accident occurs, you need immediate help, and our team will be there to help you.
- We advocate for our clients. We prioritize you and the difficulties you are facing, ensuring that you have a truly confident attorney available to support you.
- Our courtroom experience is exceptional. While many cases are settled out of court, you need an attorney ready and capable of fighting for your rights in a court of law.
- You can see by our case results that we have a reputation and success. Over our years of service, we have helped our clients recover millions of dollars in losses and will apply the same skills to your case.
- We care, and our client testimonials show it. Our attorneys are committed to providing superior legal support at every turn in these complicated cases.
When your future is on the line due to the loss of a family member, you deserve to have a trusted, highly experienced attorney capable of fighting for you by your side. Our wrongful death attorneys in Miami have that experience and will be there to make sure you get any payment you are owed. Expect outstanding legal support from us in every way we can help you.
What if I don’t Know if My Family Member’s Case Was Wrongful Death?
It is not uncommon for questions to arise about wrongful death. It is also common to be uncertain about whether to seek legal action. We recommend contacting our Miami wrongful death attorney for a no-obligation, no-risk quote.
There is a great deal on the line in wrongful death cases since this not only creates emotional trauma but long-term financial strife for most families who experience it. You must be sure you receive the full compensation owed to you. Our attorneys will guide you in ensuring that happens by providing you with clear insight into what you can expect.
You may not be sure, but if you suspect your family member died due to negligence, you owe yourself the right to a consultation. There is no cost to you, but we can provide answers to your questions and tell you what your next step is. There is no risk in reaching out to us to discuss the wrongful death case you are facing.
Get Compassionate Legal Counsel After a Mistaken Death
You may be entitled to file a lawsuit for wrongful death if your loved one passes away because of the carelessness or misconduct of a business or person. Use this contact form today to speak with a Miami wrongful death lawyer. At The Schiller Kessler Group, we will provide you with a complimentary case evaluation to discuss your rights to sue the person or entity who killed your loved one.
Call or text 800-350-3476 or complete a Free Case Evaluation form