A wrongful death occurs when someone dies due to a negligent or willful act of another person. While a person could be acquitted of murder or manslaughter in criminal court, that person could still be held responsible for his or her actions in a civil lawsuit in Florida. The two legal actions are entirely separate and different. A Miami wrongful death lawyer can file a civil claim, so surviving family members can get a measure of justice and recover compensation for the loss of their loved one’s emotional and financial support and other damages.
While no amount of money can replace the loved one you have lost, a wrongful death claim can hold the responsible party accountable for the harm that your family has suffered. The compensation you receive can also protect you and your family from financial stress and strain as you deal with your loss.
The lawyers of Englander Peebles know that this is a difficult time for you and your family. We are here to lend you a compassionate ear and provide the legal support you need. We will fight aggressively for the justice and compensation that your family deserves. Call or contact us online to learn more about how we can help you in a free consultation.
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Types of Wrongful Death Cases We Can Help With
Under Florida law, a negligent party who causes someone’s death can be held responsible for the losses that the victim’s family incurs as a result of the death. Certain family members can sue the negligent party for compensation after their loved one passes away due for reasons such as:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Slip and fall accidents
- Swimming pool accidents
- Dog bites
- Medical malpractice
- Pharmacy errors
- Nursing home abuse or neglect
- Violent crime
- Defective products
Different types of accidents raise different legal and factual issues. So, you should make sure to seek help from a knowledgeable wrongful death lawyer from Englander Peebles as early as possible. Due to our experience with a wide variety of accident cases, we know how to identify and overcome common issues in these cases and fight for just compensation for our clients.
Who Can Bring a Wrongful Death Lawsuit in Miami?
Under Florida law, a wrongful death action must be brought by the “personal representative” of the deceased. A personal representative is usually named in a deceased person’s will. If the wrongful death victim left no will, a probate court will appoint a personal representative. In most cases, the deceased person’s surviving spouse or a parent is named as the personal representative.
A personal representative must bring the wrongful death lawsuit for the benefit of the decedent’s survivors and estate. Survivors include the deceased’s spouse, children, parents, and any relatives who were dependent on the deceased.
Time Limit on Wrongful Death Claims in Florida
In Florida, wrongful death claims must be filed within two years from the date your loved one passed on.
If the at-fault party dies while a wrongful death action is pending, something which is common in automobile accident cases, Florida law requires the personal representative to file a motion for substitution within 90 days of that party’s death. If the personal representative fails to file this motion, then the wrongful death action will be dismissed. An experienced attorney at Englander Peebles will understand this requirement and other procedural issues that can arise in these cases.
What Damages Can You Recover in a Miami Wrongful Death Claim?
Florida allows for the following kinds of damages to be recovered in a wrongful death claim:
- Lost support and services for each survivor
- Lost companionship and protection and mental pain and suffering for the surviving spouse
- Lost parental companionship, instruction, and guidance as well as mental pain and suffering for the minor children of the decedent (and all children of the decedent when there is no surviving spouse)
- Mental pain and suffering for each parent of a deceased minor child
- Medical or funeral expenses due to the decedent’s injury or death for the survivor who paid for them
Additionally, under Florida law, a decedent’s personal representative can recover the following for the decedent’s estate:
- Loss of earnings from the date of injury to the date of death
- Loss of future earnings
- Medical expenses incurred by the deceased prior to his or her death which are related to the incident
- Funeral and burial expenses
There are some limits to this compensation such as when creditors or adult children are involved. A lawyer at Englander Peebles can give you a better idea of what compensation you might be owed due to the wrongful death of your loved one.
How Can Our Miami Wrongful Death Lawyers Help You?
The first thing that Englander Peebles will be able to do for you is to conduct an independent investigation of your loved one’s death. This investigation will help us to determine the cause of death and collect all of the evidence needed to prove the negligence of another party.
When we are prepared to file an action, our law firm can negotiate with an insurance company (or companies) for a full and fair settlement. If the insurance company does not make a satisfactory settlement offer, Englander Peebles will be prepared to move forward with a lawsuit and, if necessary, take your case to trial to pursue damages. Insurance companies know that we will not hesitate to go to court in order to fight for what our clients deserve.
We believe that hiring a lawyer to help with your wrongful death claim is one of the most important decisions that you can make at this difficult time. We know how you are likely overwhelmed and devastated after the unexpected death of a loved one. You should spend this time with your surviving family and allow yourself to grieve. You should not be fighting with an insurance company. When you work with Englander Peebles, you can mourn in peace while we handle all aspects of your case.
Schedule a Free Consultation With Englander Peebles Today
Was your loved one killed in an accident caused by another party’s negligence in Miami or another nearby community in Florida? You do not deserve to struggle to pay your bills because of somebody else’s wrongdoing. Englander Peebles will be dedicated to helping you to pursue full and fair compensation and get the answers you deserve. Contact our personal injury lawyers today to schedule a free consultation through our Miami office and learn more about the help we can provide to you.