Miami Wrongful Death Cases
Introduction to Miami Wrongful Death Cases
The unexpected or accidental death of a family member or a loved one affects a family for life. It is hard to consider legal options that you may have at this moment.
Even when these options are aimed to assist the family of the diseased to file a wrongful claim and cover expenses such as medical expenses, funeral, lost income, and others.
Miami Wrongful death can be provoked by all types of fatal accidents from a car accident, slip and falls to a medical malpractice, just to mention some. Anyone can be at fault for acting negligently and intentionally against another person. Though money cannot bring back your family members, a wrongful death attorney miami can ensure that you receive compensation because the pain and suffering for the devastating loss.
When a wrongful death happens there is the legally called "the real parties in interest", who are the people that may claim for the loss. These people are immediate family members like spouses and children or parents. Any other relative or adopted siblings that were dependent on the decedent financially or emotionally are also entitled to claim.
Miami Wrongful Death Definition
When an individual has disease due to the negligence or malpractice of another person, company or government agency, it is called Wrongful death. To prove there was indeed a wrongful death, a personal injury lawyer should demonstrate that the individual failed to act in a reasonable manner, and that damages resulted.
Wrongful Death Cases of Negligence in the State of Florida
The wrongful death cases in Florida rely on a specific law approved by the Florida legislature. Pursuant to Florida Statutes, a wrongful death could only be lodged by the representative of the deceased person and on behalf of survivors. This is an individual or institution named in the decedent, or if there is a will, a person nominated by a probate judge.
In a Miami wrongful death case, the personal representative disburses all claims of individuals who qualify as survivors under the law of wrongful death in Florida. A lot of people are surprised to find that eligible survivors exclude many people suffering as a consequence of another death.
Miami Wrongful Death in Common Accidents
If a person is injured in an accident and survives, he or she can begin a lawsuit. However, dead people cannot sue, so the spouse, parent or other close family member may file a wrongful death lawsuit when an accident or event resulting in the death of a loved one. The wrongful death lawsuits in Florida can arise from a variety of situations, including:
- Traffic accidents
- Truck Accidents
- Pedestrian accidents
- Bicycle Accidents
- Aircraft Accidents
- The work-related deaths
- Deaths from defective products
- Death due to dangerous conditions on a local
- Exposure to Hazardous Chemicals
- Medical malpractice
- Violent crime
- Accidents resulting from drunk driving
- Victims of Crime
- Train-Collision and Accidents
- Negligent Security
The possible damages that can be enforced under the Law of Florida
The damages recoverable pursuant to Florida law that are under the wrongful death include:
- Medical costs, hospitals, funeral services and burial expenses
- The indemnity for pain and feeling for the deceased during the time of injury and death
- The adverse impact by the spouse of the deceased, children or family
- The loss of financial assistance
- Loss of services
- Loss of allowances or other valuable perks
- Loss of training and guidance from parents
- Loss of society and fellowship
Miami Wrongful Death Case Elements
The Wrongful death case happens when the negligence, recklessness or willful misconduct of an individual result in a casualty. Negligence indicates the failure of a person to perform with the level of care established by law for the protection of others against harm or damage. To determine that there has been a wrongful death, an attorney must prove that the wrongful acts and omissions of an individual were the proximate cause of the injury or the death of the deceased person and the resulting damage. Those who were dependent on in a way or another of the diseased person might be entitled to financial compensation.
Frequently Causes of Wrongful Death
The most frequently causes of wrongful death are:
- Car accidents
- Birth injuries
- Truck Accidents
- Medical malpractice
- Work-accidents related
Lawyers Working in Wrongful Death Cases
Lawyers play an important role for many people who have suffered an accident for the unlawful or negligent conduct of another person in Miami. The lawyers in wrongful death cases in Miami can help you resolve your situation; turn to an attorney to understand your legal rights and the possibility to go after a wrongful death claim.
It is essential to work with personal injury lawyers or medical malpractice lawyers from the beginning because they know the laws of Florida and can guide you establish your process in the shortest possible time, and after that you are fairly compensated for your financial losses since the recovery from this type of injury is very expensive.
The wrongful death can become a complicated legal process that requires some attention by lawyers, who can help you successfully dispute the claim. There is a limited time for filing a wrongful death claim, so the experience of a skillful lawyer is vital to protect your rights with compassion and sympathy in order to seek fair compensation for your loss.
Gallardo Law Firm and Wrongful Death Cases in Miami
In Gallardo Law Firm we have competent attorneys throughout the State of Florida to help you and your loved ones deal with the consequences of a Miami wrongful death. Gallardo Lawyers are committed to holding negligent individuals or companies for their actions, so when you need a confidential consultation you can contact us at Gallardo Law Firm. Our lawyers will be able to use every lawful resource to fight your case and help you with the best possible outcome in connection to the wrongful death. Moreover, if you wish to file a lawsuit, our attorneys can provide you with representation in court. They will deliver compelling strategies geared toward achieving the best resolution for your case.
Our attorneys are highly qualified and have extensive knowledge in various types of wrongful death cases. Wrongful Deaths turn out to be a process which can be painful and overwhelming for many people. In Gallardo we will find the answers to your particular case; we take time to understand how your losses have affected your family and your life. We also have help online at our website, which advises prospective customers of their rights and options.
Frequently Asked and Answered Questions about Wrongful Death Cases in Miami Florida
- Medical Bills
- Future medical expenses
- The loss of labor capacity
- Pain and Suffering