Losing a loved one unexpectedly is heartbreaking and traumatic. Money will never be enough to make someone who lost a family member or friend whole again. The last thing most people want to think about or deal with is the thought of a lawsuit.
If the death was the fault of another person though, that person should be brought to justice and you deserve to receive compensation for what you’ve been through. Hiring the right attorney can make the process much easier.
Lawyer for Wrongful Death in Florida
The attorneys at Abrams Justice Trial Attorneys are a compassionate family looking to help people in tragic situations. The team at Abrams Justice Trial Attorneys is empathetic to the families of victims and that translates into an aggressive vigor in fighting for the reconstitution of grieving families.
Abrams Justice Trial Attorneys are not only sympathetic but also experienced in winning trials. They will claw for every dime because their clients have gone through enough. Abrams Justice Trial Attorneys proudly serves clients in the greater Miami-Dade area including Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables and Cutler Bay and are ready to talk to you about your case at this number (305) 709-0880
Florida Wrongful Death Information Center
- When Can Someone Sue for Wrongful Death?
- Who Can Sue for Wrongful Death?
- What Can be Recovered in a Wrongful Death Suit?
- Miami-Dade Wrongful Death Resources
When Can Someone Sue for Wrongful Death?
The law in Florida regarding wrongful death is explicitly designed to shift the losses from a wrongful death from the survivors to the wrongdoer. If a person’s death occurs due to wrongful acts, negligence, default, or breach of contract or warranty of any person, the right to sue for wrongful death is triggered. Let’s briefly explain the two most common causes of action in wrongful death cases.
- Wrongful act – A wrongful act means something done intentionally such as an assault, battery, manslaughter or murder.
- Negligence – In the wrongful death context, this means an accidental incident caused by someone who owed a duty of care to the deceased, breached that duty, and the breach caused the accident and death. Proving all of the above elements is necessary to win a negligence case.
To be clear, wrongful death is separate from criminal proceedings. A person can be charged for a crime and can be sued by the survivors of a victim at the same time. To clarify even further, the outcome of one case does not necessarily affect the outcome of the other. For instance, someone that is found not guilty for murder can still be sued and forced to pay damages to a victim’s family for that murder.
Who Can Sue for Wrongful Death?
In a wrongful death case, the person bringing the suit will be the victim’s personal representative. Usually if there is a will, a personal representative is appointed by the terms of the will itself. If there is no will, then the probate court will appoint a personal representative. Although the personal representative is the only one bringing the case, the personal representative is suing on behalf of the victim’s estate and all potential beneficiaries of the estate.
The beneficiaries that the law is specifically looking out for are the survivors, which mean the spouse, children, parents, and any blood relatives and adopted siblings that were dependent on the deceased.
What Can Be Recovered in a Wrongful Death Suit?
Florida law outlines a wide array of damages that can be sued for by the survivors in a wrongful death case. Recovery will come only in the form of money and will be paid to the estate before being distributed to the appropriate beneficiaries. Below are some of the types of money damages that can be recovered in a wrongful death suit.
- Each survivor can recover the value of lost support and services with interest as well as future loss of support and services. Part of calculating support is the victim’s probable net income relative to their expected life expectancy and the life expectancy of their survivors.
- Surviving spouses can recover for loss of companionship and protection, as well as mental pain and suffering.
- Minor children of the deceased can recover for lost parental companionship, instruction and guidance, and for mental pain and suffering.
- Parents of deceased children can recover for mental pain and suffering. If the child is an adult, mental pain and suffering can only recovered if there are no other survivors.
- Medical and funeral expenses can also be recovered.
Miami-Dade Wrongful Death Resources
Wrongful Death Definitions – This link leads to the definition section of the Florida statute on wrongful death. There are some interesting features in here including how certain calculations are made.
Damages in Wrongful Death – Although damages are discussed above, this link to the full provisions of the law will give more detail. Of particular note is section 6 which breaks down what additional claims the personal representative can make.
Wrongful Death Attorney in Miami Florida
The hole left by an unexpected death can feel bottomless to the loved ones left behind. While no attorney, no matter how much money they win, can totally fill that hole, the attorneys at Abrams Justice Trial Attorneys will do as much as they can to make life a little easier for the survivors of tragedy. We represent injured people in communities throughout the Miami area including North Miami, Miami Beach, Miami Gardens, Doral, Homestead, Cutler Bay, Hialeah, Coral Gables and Pinecrest.
Call (305) 709-0880 to make an appointment for a case evaluation and consultation with one of our stellar attorneys.