It’s never easy to lose someone you love. Your world can be turned upside down in moments, especially if the loss was unexpected. Unfortunately, there are hundreds of fatal accidents in Miami every year. These accidents leave families emotionally and financially devastated.
While money will not bring your loved one back, it can help to limit your stress as you grieve your loss. The Miami wrongful death attorneys at Lavent Law are prepared to help you navigate this difficult time in your life. With our help, you can maximize the financial settlement or award you receive. Call us today to schedule your free case assessment and learn more.
Understanding Wrongful Death in Miami
Accidents in Miami are often the result of negligent or reckless behavior. When these types of behaviors result in the unexpected loss of a loved one, you may have certain recourse under Florida state law. You demand compensation from the person who caused the fatal accident by filing a personal injury lawsuit for wrongful death.
What is Wrongful Death?
In Florida, the Wrongful Death Act exists to “shift the losses” from the “survivors of the decedent to the wrongdoer.” In other words, the Florida Wrongful Death Act allows you to file a civil lawsuit to recover compensation for losses you experience because of the death of a loved one. You can hold the person who caused your loved one’s death personally responsible for your costs.
You have the right to file a wrongful death lawsuit in Miami under Florida Statute 768.18 when “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued.”
Simply put, you can file a wrongful death lawsuit if your loved one:
- Was killed in an accident that is caused by negligence or a wrongful act; and
- Could have filed a personal injury lawsuit if they had survived the accident.
Who Can File a Wrongful Death Claim?
Wrongful death lawsuits in Miami must be filed by your loved one’s personal representative. This is typically the person who is responsible for handling your loved one’s estate. The personal representative may be named by the victim in a Last Will and Testament or appointed by the court. The personal representative can file the wrongful death lawsuit on behalf of:
- The victim’s estate, and/or
- The victim’s surviving family members.
So, beneficiaries of a wrongful death lawsuit can include the victim’s spouse, parents, children, and anyone else who may have been financially dependent on the victim. Determining eligibility can be difficult. Call personal injury attorney Boris Lavent for more assistance.
Causes of Wrongful Death in Miami
You may have the right to file a wrongful death lawsuit if your loved one was killed in an accident in Miami. Our attorneys are prepared to help you recover compensation for your loss following a fatal:
- Car accident
- Bicycle accident
- Pedestrian accident
- Truck accident
- Motorcycle accident
- Defective product accident
- Dog bite
- Nursing home accident
- Medical malpractice incident
- Construction accident
- Swimming pool accident, or
- Slip and Fall accident.
Contact the Miami personal injury lawyers at Lavent Law if you’ve unexpectedly lost a loved one in a fatal accident. We can help you pursue compensation from the person (or people) who are responsible for your untimely loss.
Damages Available in a Miami Wrongful Death Case
The right to file a wrongful death lawsuit exists if the victim would have been able to pursue compensation themselves, had they survived. However, the damages that can be awarded in a wrongful death claim are different from those in a traditional personal injury case. Available damages, as defined in Florida Statute 768.21, typically depend on whether the personal representative is seeking compensation for the benefit of the estate or survivors.
Damages for the Benefit of the Victim’s Estate
A wrongful death claim can be filed to recover compensation that the victim would have been able to collect had they survived the Miami accident. These damages can include:
- The victim’s lost wages and earnings from the date of injury to the date of death
- Lost profits and income that would have enriched the victim’s estate; and
- Medical or funeral expenses charged to the estate or paid by a family member.
Damages available for the victim’s estate are typically limited to those costs realized between injury and death. All compensation awarded to the estate is subject to any claims made by creditors.
Damages for the Benefit of the Victim’s Family Members
Wrongful death lawsuits can also be filed on behalf of the victim’s family members. Family members can recover compensation for:
- The value of lost support and services (present and future)
- Loss of spousal companionship and protection
- Loss of parental companionship, instruction, and guidance
- Emotional pain and suffering; and/or
- Medical and/or funeral expenses paid by the family.
So, family members can recover compensation for both financial and emotional injuries that result from their loved one’s unexpected death.
Statute of Limitations for Wrongful Death Claims in Miami
It’s easy to understand that you may need to take some time to come to terms with your loss after a fatal Miami accident. However, it’s important for you to know that you have a limited amount of time to file a wrongful death lawsuit. All claims submitted under the Florida Wrongful Death Act must be filed within two years of your loved one’s death. You will not be able to recover the compensation you deserve if you don’t file your claim before the statute of limitations expires.
You can make sure that your claim is filed on time by contacting an experienced Miami wrongful death attorney as soon as possible after the fatal accident. Call Lavent Law today to schedule a free consultation and learn more.
How Our Wrongful Death Attorneys Can Help You
The days, weeks, and months following the unexpected loss of a loved one are often some of the most challenging times of your life. You need time to focus on yourself and your family. The last thing you need to do is navigate a complex legal claim on your own. Hiring an attorney not only gives you the freedom to grieve properly, but also increases the likelihood of maximizing your financial recovery.
At Lavent Law, our compassionate attorneys are here to help you fight for the money you deserve after the wrongful death of someone you love. We’ll handle the legal aspects of your case while you grieve and adjust to life without your loved one.
Here’s what you can expect when Lavent Law handles your Miami wrongful death case:
- Thorough investigations into the cause(s) of the fatal accident;
- Careful analysis of all evidence to determine liability;
- Protection from manipulative insurers that are eager to minimize your recovery;
- Collaboration with experts to determine the true value of your damages and wrongful death case;
- Gathering evidence that shifts blame to others if your loved one contributed to his or her own fatal accident;
- Tough negotiations with the person (or people) responsible for your loved one’s loss.
We will not hesitate to take your case to court if you’re not satisfied with the settlement offers you receive.
Speak with our Miami Wrongful Death Attorneys
Have you lost a loved one because of a fatal Miami accident? You may be entitled to compensation from the person who is responsible for your loved one’s death. Contact Lavent Law to find out how our experienced Miami wrongful death attorneys can help you maximize your financial award. We’re here to help you understand your rights and fight for the compensation you deserve. We offer a free consultation for all new cases, so do not hesitate to call us for help today.