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, Florida, 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 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 lawyers 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 overserved 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.
Each state has its own wrongful death laws. Florida permits survivors such as the spouse, children, parents, or dependents to file a claim within two years of the decedent’s passing.
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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. This could occur in a number of circumstances, including:
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.
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.
A wrongful death case may be appropriate if someone is killed in an auto 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.
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Key Elements in a Wrongful Death Claim
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.
Recoverable Compensation for a Wrongful Death Survivor
The primary measurement of damages in a wrongful death lawsuit is financial restitution. A wrongful death attorney in Miami can help you win damages for things like loss of consortium, lost services, guardianship, treatment costs, funeral costs, and possibly more.
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.
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How are Settlement Amounts for Wrongful Death Calculated?
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.
How Difficult Can it Be to Establish Wrongful Death?
Satisfying the burden of proof in a wrongful death case may be challenging. 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.
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.
Get Compassionate Legal Counsel After a Mistaken Death
You may be entitled to file a lawsuit for wrongful death if your loved one passed away because of the carelessness or misconduct of a business or person. Contact SKG today to speak with a Miami wrongful death lawyer. We will provide you with a complimentary case evaluation to discuss your rights to sue the person or entity who killed your loved one.