If someone’s death was caused by the recklessness, negligence, or intentional act of another, family members can get compensated for their pain, suffering, and monetary losses by filing a wrongful death claim against the guilty person or entity. Our law firm is experienced in helping grieving families determine if negligence caused the death of their loved ones.
Case Evaluation$7.5MIL
Drunk Driver Kills Mother on Scooter
A 39-year-old mother was riding her scooter home from work when a drunk driver violated her right of way, hit her head-on, and killed her instantly.
$1MIL
Wrongful Death Resulted from a Tragic Gun Range Incident
Our client was accidentally shot by another customer at a Miami, Florida gun and shooting range. He suffered a ballistic injury to the head which caused severe damage to the brain, ultimately leading to his death. The case settled for the full $1 million policy limits from the gun range’s insurer, along with a significant but confidential amount from the shooter.
$12.7MIL
Commercial Helicopter Crash
Clients were satisfied by Mr. Cleary's legal services.
$1.2MIL
Rollover Accident
A defective SUV rolled over resulting in the death of husband, injuries of the rear-seat passenger, and injuries suffered by the surviving wife. The case was brought against the vehicle manufacturer.
$1.1MIL
Van Rollover Wrongful Death
Senior family member was killed in a rollover crash. The case was brought against the vehicle and tire manufacturers and others involved in the maintenance of the vehicle and settled before trial.
Wrongful death claims in Miami can be brought against a wide variety of companies, individuals, and government agencies. In many instances, more than one person or entity may be at fault for the death of a family member. Wrongful death claims may be filed after death occurred due to the negligence of another individual or product or work equipment. Incidents of wrongful death are accidental. However, someone is responsible for the damages, injuries, and deaths that occur due to carelessness.
Many different types of fatal accidents are eligible for a wrongful death claim. The legal rights for family members to recover damages vary because different Florida laws apply depending on the type of accident. Cases involving incidents leading to wrongful death include but are not limited to:
In Florida, there is a certain statute adopted by the Legislature of the U.S. when it comes to wrongful death cases. A lawsuit for wrongful death in the state of Florida can only be brought by the personal representative of the deceased person's estate and on the side of the survivors.
This is a legal construct, typically created after someone dies, including everything the person owned. Its contents are passed on to those determined by a will, or to those to whom Florida statutes determine as next in line in the absence of a will. The estate cannot bring pain and suffering claims on behalf of the decedent in a medical malpractice claim. The damages or monetary recovery potentially available to the estate of a victim include:
Survivors can be part of the estate, but they are also entitled to recover different types of damages, which can often lead to more significant settlements or verdicts. The wrongful death statute in Florida defines who is a survivor, in some ways unfairly excluding those strongly affected by the death of a loved one. Family members sometimes entitled to higher damages are:
1. A surviving spouse and surviving minor children. Both the minor children and the spouse are entitled to bring a lawsuit for damages such as:
2. Surviving adult children. Children over 25 can recover funeral bills or medical bills paid by them. Also, lost support and services damages are potentially available. However, they cannot recover for lost parental companionship, instruction, guidance, and mental pain and suffering if:
3. Surviving parents. Parents are not entitled to recover for their pain and suffering if:
Therefore, parents of a deceased minor child may recover:
4. Blood relatives, including adoptive brothers and sisters, when they were at least partially dependent on the decedent for support or services.
The wrongful death statute in Florida has complex rules with several exceptions and exclusions.
In Florida, there is a strict deadline of two years, known as the statute of limitations, to file a wrongful death lawsuit. This begins on the day of death and can be filed within two years. If this deadline is missed, it means that the right to bring a claim is lost, so acting promptly is critical.
Gathering evidence, interviewing witnesses, and consulting experts takes time, and delays can make it harder to build a strong case because memories fade and evidence may disappear. For this reason, it’s highly recommended that survivors contact an experienced Florida wrongful death attorney as soon as possible to review their options and ensure that the claim is filed correctly and on time.
We aggressively defend a victim's legal rights while treating the surviving family with the utmost respect and compassion. When pursuing an action for wrongful death, the help of a skilled lawyer is often essential to protect your rights and provide proper representation by building a solid case to prove your claim.
We work on a contingency fee, meaning we only charge after we win the case. The cost ranges from 34%-40% and is charged from the total amount.