Miami wrongful death lawyer

You are here: Home » 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 the legal options that you may have at this moment.

However, these options are aimed to assist the family of the diseased to file a wrongful claim and cover the costs such as medical expenses, funeral costs, lost income, and others.

A Miami Wrongful death can be caused by all types of fatal accidents such as 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 Miami wrongful death lawyer can ensure that you receive compensation for the pain and suffering caused by 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 their rights by bringing a wrongful death claim.

Wrongful Death Definition

When an individual has a disease due to the negligence or malpractice of another person, company or government agency, it is legally considered a “wrongful death.” To prove there was indeed a wrongful death, a personal injury lawyer specializing in this kind of cases, commonly known as a wrongful death lawyer, should demonstrate that the guilty party failed to act in a reasonable manner, and that the carelessness caused injuries resulting in death.

Wrongful Death Cases of Negligence in the State of Florida

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 brought 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.

Wrongful Death Cases in Miami

Miami Wrongful Death and Common Accidents

If a person is injured in an accident and survives, he or she can begin a lawsuit. However, if the person didn’t survive, the spouse, parent or other close family member may file a wrongful death lawsuit when an accident or event resulted in the death of a loved one. 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
  • Vehicle Accidents
  • Accidents resulting from drunk driving
  • Victims of crime
  • Train collision and train 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 suffering for the deceased during the time of injury and death
  • The adverse impact on 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

You have a wrongful death case when the negligence, recklessness or willful misconduct of an individual results in a fatality. 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 direct cause of the injuries that caused the death of the deceased person. Those who were dependent in a way on 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-related accidents

How a Miami wrongful death lawyer can help victims' family

A Miami wrongful death lawyer plays an important role for many people who have suffered an accident due to the unlawful or negligent conduct of another person. The lawyers of wrongful death cases in Miami can help you resolve your situation. When you turn to an attorney that understands your legal rights and the possibility to go after a wrongful death claim, your case has a better chance of success.

It is essential to work with personal injury lawyers or wrongful death lawyers from the beginning because they know the laws of Florida and can help you with the process of filing your case in the shortest possible time, and after that you are fairly compensated for your financial losses since the recovery from this type of injury can be very costly.

Miami wrongful death lawyer for lawsuit

A wrongful death can become a complicated legal process that requires some attention by lawyers, who can help you successfully dispute your claim. There is a limited time for filing a wrongful death claim, so the experience of a skillful Miami wrongful death 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

At 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. At 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. We advise prospective customers of their rights and options. Contact a Miami wrongful death lawyer from our law firm today to fight your case.

FAQS
Wrongful death is a legal term given to the event in which an individual dies as a result of negligence or intentional actions. More than one person can be held liable for such an event.
Wrongful Death Law in Florida allows the survivors of the deceased to seek compensation for lost services and support after the death of their loved one. The survivors that may qualify to file a suit include a spouse, child or parent and any other relative or adoptive brother. There is a limited time to sue for wrongful death in Florida; failure to file within the time may prohibit the potential plaintiff to seek compensation for their losses.
The wrongful death law is different for each state, and each state court has its particular rules and procedures. To find out if you have a legitimate wrongful death claim and how to proceed in your case, you should talk with a lawyer specializing in this type of process in Miami Florida.
This is one of the most challenging questions to answer. To analyze how much your wrongful death lawsuit can cost, the magnitude of your losses will be discussed, as well as the details of the case. The cost of a case is established based on factors such as: 1- Medical Bills. 2- Future medical expenses. 3- Wages. 4- The loss of labor capacity. 5- Pain and Suffering.
It is difficult to determine how long it will take to settle a wrongful death lawsuit because each case is unique. A wrongful death could be solved in a few months, while others may take years to complete.
You should speak with a wrongful death attorney as soon as possible after the loss. Failure to file within the limited time, known as the statute of limitations, may prevent the victim from recovering compensation for damages.
In order to determine responsibility, it is necessary to contact a wrongful death lawyer to discuss your case. More than one individual may be liable for your injuries and loss. Depending on the damage the responsibility may fall in a hospital, the doctor, the driver of a vehicle, the driver of a truck, the employer or the manufacturer of a drug.
CONSULT WITH US YOUR CASE