We understand recovering from a loved one’s death can be challenging, especially if a negligent party caused their fatal injuries. A wrongful death can profoundly impact your family’s finances, especially if the victim was the primary earner in the household. Instead of attempting to make ends meet while you grieve, trust our team of Miami wrongful death lawyers to help during this difficult time.
We can help you seek compensation, file a wrongful death action, and guide you through the legal process. You have suffered the ultimate loss, and our Miami personal injury lawyers will work to secure justice for you. Call now for a free consultation.
Types of Wrongful Death Cases We Handle
Death resulting from reckless, willful, or negligent acts qualifies as wrongful death. For example, reckless driving actions may result in a fatal accident which qualifies for a case. The chosen personal representative may file wrongful death lawsuits to obtain compensatory damages and relief from emotional and financial losses. A Miami wrongful death lawyer is ready to fight for fair compensation for losing your loved one.
Wrongful death can be caused by many types of accidents and incidents, and here are just some of the lawyers we have who handle wrongful death claims:
- Miami truck accident lawyers: Trucking companies must ensure drivers operate vehicles safely and maintain their trucks properly. In Miami, major routes like I-95 and Biscayne Boulevard see heavy commercial truck traffic and frequent accidents. Trucking companies could be liable if they fail to meet safety and maintenance standards and cause a deadly crash.
- Miami pedestrian accident lawyers: Pedestrians are vulnerable road users prone to being struck by cars, especially in busy areas like Downtown Miami, Little Havana, and along Biscayne Boulevard. The family of a pedestrian accident victim should receive compensation for their loved one’s physical and mental pain, suffering, and medical bills.
- Miami motorcycle accident lawyers: Motorcyclists risk injury or even death if they are involved in an accident with another vehicle. Motorcycle accident wrongful death victims should seek legal counsel from a personal injury attorney.
- Miami car accident lawyers: Car accidents are among the most common types of motor vehicle crashes in Miami. Roads like I-95 and even surface streets are known for congestion and high accident rates. Injuries in car accidents include broken bones, internal organ damage, spinal cord damage, traumatic brain injury (TBI), and more.
- Miami slip and fall lawyers: Property owners are required to maintain safe premises for visitors. When they fail to address hazards like wet floors, uneven surfaces, or poor lighting, and a fatal slip and fall occurs, they may be held liable for wrongful death.
- Miami bicycle accident lawyers: Cyclists face high risks in areas like Wynwood, Downtown, and along Rickenbacker Causeway, which lack sufficient bike lanes in many spots. If a loved one is killed in a bicycle accident due to a driver’s negligence or unsafe road conditions, their family may be entitled to pursue compensation.
- Miami bus accident lawyers: Bus operators are legally obligated to keep their buses safe and secure. In Miami, public and private buses, including Miami-Dade Transit’s Metrobus and private shuttle services, frequently operate on busy roads like Biscayne Boulevard and Flagler Street, where traffic congestion and negligence can lead to serious accidents. Bus operators could be liable for injuries or wrongful deaths if they fail to meet their safety obligations and cause a crash.
This is a sample of the cases we accept. If your case is not on this list, you can call us to see if our Miami wrongful death attorneys can help you seek justice for your loved one.
What To Expect From A Wrongful Death Lawyer
If you decide to proceed with a wrongful death claim, we will evaluate your case and explain its cost. We also explain how much money you could receive as a result of a successful outcome.
We will handle everything related to the case, including:
Conducting An Investigation
Our Miami wrongful death lawyers will conduct a thorough investigation. We can perform the following tasks:
- Examining police reports
- Collecting and analyzing physical evidence such as medical records
- Interviewing witnesses
- Consulting with experts such as accident re-constructionists, medical experts, and trial lawyers
As we gather evidence, we work to craft a compelling case on your behalf. We’ll then use this evidence to hold the negligent person responsible while fighting to recover economic and non-economic damages.
Negotiating With The Insurance Company
Dealing with the insurance company after you lose someone you love can add to the already difficult situation, but it’s an essential step toward justice.
Our lawyers will be there to stand up for you and your settlement. We’ll provide legal advice and defend you from the tactics the insurance adjuster uses to lower your compensation. And if the insurer won’t give you a fair deal or questions the emotional trauma you went through, we are prepared to take your case to trial.
Communicating Regularly With You
Your personal injury lawyer will always update you on your case status. You will never be kept in the dark. We’ll stay in touch with you, giving you the best chance of recovering the maximum compensation.
Whenever you have questions, you can get in touch and ask them. We remove any fear and complications in the legal process and fight for fair compensation on your behalf.
How Much A Wrongful Death Lawsuit Is Worth
In a Miami wrongful death case, the value of a lawsuit depends largely on the types of damages that surviving family members can claim. While every case is different, common forms of compensation include:
- Medical expenses: Costs for medical care your loved one received before their death, including hospital bills, surgeries, and emergency treatment.
- Funeral expenses and burial costs: Reasonable expenses associated with laying your loved one to rest.
- Loss of financial support: The income, benefits, and other financial contributions the deceased would have provided to their family over their lifetime.
- Loss of companionship: The emotional pain and suffering caused by losing a spouse, parent, or child’s love, support, and guidance.
- Mental and emotional anguish: Compensation for the emotional distress and trauma endured by surviving family members.
- Loss of services: The value of household services and care the deceased would have continued to provide.
At our firm, we understand the devastating emotional and financial impact of losing a loved one. Our Miami wrongful death lawyers are committed to pursuing the full compensation you and your family deserve. We offer a free consultation to evaluate your case and explain your legal options without adding any financial burden during this difficult time.
What Factors Affect the Value of a Miami Wrongful Death Claim?
Several factors can influence how much compensation surviving family members may recover in a wrongful death case. These include:
- The deceased’s age and health: Younger individuals or those in good health typically had a longer expected lifespan and higher future earning potential, which can increase case value.
- The deceased’s income and benefits: The more financial support the deceased provided to their family, the higher the potential recovery for lost income and services.
- The relationship to survivors: Spouses, minor children, and dependent parents often receive greater compensation for emotional losses compared to more distant relatives.
- The circumstances of the death: Cases involving gross negligence, reckless behavior, or intentional acts can result in higher settlements or awards, including possible punitive damages.
- The strength of the evidence: Strong evidence of negligence and clear proof of damages can lead to a faster, more favorable settlement.
Our Miami wrongful death lawyers can evaluate your case and fight for the maximum compensation your family deserves.
How Long You Have To File A Wrongful Death Action In Florida
After you lose someone you love due to negligence, you have two years to file a personal injury lawsuit, per Florida Statutes § 95.11. We recommend you file a claim as soon as you can.
According to Florida Statutes § 768.20, only the personal representative can file the wrongful death claim. The deceased person must have listed the representative in their estate plan.
If not, the court will determine who the person is responsible for the deceased person’s estate. In certain cases, such as those involving criminal acts or delayed discovery of negligence, you may have more time to file a claim. An attorney at our legal office in Miami can tell you exactly how long you have to take legal action.
Who Can Recover Damages In A Miami Wrongful Death Case?
In Florida, certain family members are eligible to recover damages in a wrongful death case. Under Florida law, the personal representative of the deceased’s estate files the claim on behalf of the surviving family members. Per Florida Statutes § 768.21, those who may recover compensation include:
- The surviving spouse, for loss of companionship, protection, and mental pain and suffering.
- Children of the deceased, for loss of parental guidance, instruction, and emotional suffering.
- Parents of a deceased minor child can recover for emotional pain and suffering. Parents of an adult child may also recover in certain circumstances.
- Blood relatives or adoptive siblings who were dependent on the deceased for support or services.
Our Miami wrongful death lawyers can help you determine who in your family is eligible to seek justice and financial recovery.
Our Attorneys Must Determine Negligence To Prove A Wrongful Death Claim
A claim must meet certain criteria to qualify as wrongful death. The four elements of negligence must be present:
- Duty of care: Your lawyer must prove that the other party owed your loved one a duty of care. This means that they should take reasonable precautions and take certain actions to prevent or minimize harm to others. For example, drivers must drive safely and obey all traffic laws.
- Breach of duty: A breach in this duty of care means that the other party acted in a way that violated this duty of care. If a motorist caused a fatal injury while driving under alcohol, the driver has breached their duty and may be considered the responsible party in your family member’s death.
- Causation: Causation must prove how the defendant’s negligent acts caused the deceased person’s death.
- Damages: You must show that your loved one’s death caused monetary and non-economic losses.
If these elements are present, you qualify to file a personal injury claim against the liable parties. If the responsible party did so intentionally, you may be able to recover punitive damages with the help of an attorney for the traumatic experience you went through.
How Florida’s Negligence Law Can Affect a Wrongful Death Claim
Florida follows a modified comparative negligence system under Florida Statutes § 768.81. This law can directly impact how much compensation surviving family members recover in a wrongful death case.
Under modified comparative negligence, the court assigns a percentage of fault to each party involved. If your loved one is found partially at fault for the accident that caused their death, the compensation awarded to the family will be reduced by that percentage. Importantly, if the deceased is found more than 50% at fault, surviving family members may not be able to recover any damages at all.
Because the defense will often try to blame the deceased to lower the payout, having a Miami wrongful death lawyer on your side is critical. We will fight to minimize any unfair claims of fault and work to secure the full compensation your family deserves.
How Long Does a Miami Wrongful Death Case Take?
Every wrongful death case is unique, but most claims in Miami can take anywhere from several months to over a year to resolve. The timeline depends on many factors, including the complexity of the case, the willingness of the insurance company to offer a fair settlement, and whether the case goes to trial.
If liability is clear and the insurance company cooperates, your case may settle within a few months. However, if the insurer disputes fault or the value of your damages, negotiations can take longer. If a trial becomes necessary, it could take one to two years or more to reach a final verdict.
At The Law Offices of Anidjar and Levine, we work efficiently to move your case forward while building the strongest possible claim. We keep you informed at every step and fight to recover the compensation your family deserves as quickly as possible — without sacrificing the quality of your case.
Reach Out To Our Miami Wrongful Death Lawyers Now for Help
If you are looking for representation to take legal action on your behalf, our legal team at The Law Offices of Anidjar and Levine works on a contingency fee basis. This means you don’t pay us unless you get financial compensation for your loss.
Our Miami wrongful death attorneys understand what is at stake when you lose a loved one. Get help filing your wrongful death claim. Contact us today for a free, no-obligation review.
We Can Help.
