The loss of a loved one doesn’t just cause grief. The consequences of an unexpected death can affect you in many ways for years. Nothing can erase the pain of losing someone you love. However, if their death was the result of someone else’s negligence, you may be able to seek compensation for your related losses. Review your case with a Miami wrongful death lawyer at Elstein Legal to learn more.
If an accident or an intentional act claims the life of a family member, you may be left with medical bills and other losses related to the death of your loved one. Of course, nothing can erase the pain of losing someone you love. However, depending on the facts of your case, you may be able to recover the compensation that you need to rebuild your life as much as possible.
At Elstein Legal, we can help you fight to protect your rights and hold any negligent parties financially accountable for the death of your loved one.
Miami wrongful death lawyer, Brian L. Elstein, can provide you with a personalized approach to your case to ensure you get a settlement value that adequately reflects the entire picture of your losses.
Meet Brian L. Elstein, Florida Personal Injury Lawyer
Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.
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(305) 299-2835
Why Hire a Miami Wrongful Death Lawyer?
When you work with a wrongful death attorney, they can handle all aspects of a legal claim in Miami. Although the process for receiving the compensation you need after the death of your loved one can be complex, our attorneys will work with you during every aspect of your case.
In wrongful death cases, your lawyer’s expertise can help you determine all of the different requirements you will need to meet under Florida negligence laws. Additionally, your wrongful death lawyer will work to calculate a complete case value that includes all types of losses that may apply.
At Elstein Legal, we have experience aggressively pursuing compensation for wrongful death victims in Miami and throughout Miami-Dade County.
These are just some of the ways a personal injury lawyer in Miami can help in a wrongful death case:
- Accurately identifying who the liable party is
- Conducting an investigation to generate sufficient evidence proving the liable party’s negligence resulted in your loved one’s death
- Accounting for your various losses to determine how much compensation you deserve, which can be very difficult in a wrongful death case if you don’t have the proper legal expertise
- Filing all paperwork accurately and before deadlines
Additionally, by hiring a Miami wrongful death attorney, you can focus on coping with your new life circumstances after a sudden passing. We will handle pursuing the compensation you deserve.
A Miami Wrongful Death Case: What You Need to Know
According to Florida law, you can pursue compensation for your losses “When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
Examples of instances which may justify filing a Miami wrongful death claim or lawsuit include (but are not limited to) the following:
- A loved one dying in an automobile accident someone else caused
- Death as a result of medical malpractice
- A defective product causing a death
- Someone dying in an accident on a property that wasn’t reasonably maintained
- Accidents at work
The Florida Wrongful Death Act and Time Limits to File a Claim
The Florida Wrongful Death Act, in Statute 768.19, says that if a wrongful act causes a person’s death through negligence, default, breach of contract or breach of warranty, the defendant is still liable as they would have been if the victim had lived.
The statute of limitation for actions involving wrongful death is two years from the date of death in most situations. Therefore, you must submit your claim by the statute of limitations, or you may lose the opportunity to recover compensation for the loss of your loved one.
What Qualifies as Wrongful Death in Miami, Florida?
You qualify to bring a wrongful death claim if you are a survivor of a victim who has lost their life in a personal injury accident, including:
- The spouse of the decedent
- Minor children of the decedent
- Adult children of the decedent older than 25 are considered secondary survivors and may have additional limitations to consider.
- Dependant blood relatives of the decedent
However, under Florida law, a representative of the estate, named in the will of your loved one, must file the wrongful death claim. If your loved one’s will does not name a representative, the court will appoint probate to file the claim.
What Are Examples of Wrongful Death Cases?
The Centers for Disease Control and Prevention (CDC) reports that accidents involving unintentional injuries are the third leading cause of death in the U.S., with over 173,000 deaths per year. The CDC further elaborates that of those deaths:
- 65,773 were the result of unintentional poisoning
- 37,595 were related to fatal car accidents
- 39,443 resulted from accidental falls
There are several other types of accidents that may give rise to a wrongful death case are:
- Medical malpractice
- Pedestrian and bicycle accidents
- Defective products, product liability
- Work-related accidents
- Negligent security, failing to maintain safe premises or operate an event safely
You May File a Wrongful Death Claim for Intentional Crimes
Along with the various types of accidents mentioned above, intentional crimes such as assault and battery resulting in death, manslaughter, and homicide may qualify for a wrongful death claim. Civil or negligence claims for wrongful death are in addition to any criminal charges, and authorization of criminal charges is not required for a victim to bring a claim. There is generally a lower burden of proof and more compensation available in wrongful death civil lawsuits than in criminal cases.
Miami personal injury lawyer, Brian L. Elstein, has extensive experience in complex litigation. At Elstein Legal, we understand the legal and personal challenges involved in bringing a claim involving the intentional taking of a life. We can help you determine your legal options for recovery and help you get the justice and financial compensation you deserve.
Hiring a Wrongful Death Lawyer
You’re much more likely to collect the compensation you deserve if you seek representation through a personal injury law firm in Miami. These are just some of the ways a personal injury lawyer in Miami can help in a wrongful death case:
- Accurately identifying who the liable party is
- Conducting an investigation to generate sufficient evidence proving the liable party’s negligence resulted in your loved one’s death
- Accounting for your various losses to determine how much compensation you deserve, which can be very difficult in a wrongful death case if you don’t have the proper legal expertise
- Filing all paperwork accurately and before deadlines
Additionally, by hiring a Miami wrongful death attorney, you can focus on coping with your new life circumstances after a sudden passing. Your lawyer will handle pursuing the compensation you deserve.
Florida Wrongful Death FAQs
What Compensation Can Victims Receive in a Wrongful Death Action?
Florida law statute 768.21 outlines the rules surrounding damages in wrongful death cases. Generally, damages will be categorized by whether they are paid to survivors or the decedent’s estate.
Compensation survivors may receive in a wrongful death action includes:
Loss of support and services from injury until death
Loss of companionship, including parental companionship, guidance, and support
Future loss of support and assistance, reduced to present value
Loss of earnings, including benefits from the date of injury to the date of the death and future lost wages
Medical bills and funeral expenses
Mental pain and suffering
In determining what compensation to award, the law considers the relationship between the survivor and the victim, the cost of replacement support, and the life expectancy of those involved.
Who Receives Compensation in a Florida Wrongful Death Claim?
In a Florida wrongful death claim, the jury awards an amount to each survivor separately. Florida law 768.22 directs the jury to list the award separately to each survivor in the verdict form.
Providing for separate verdict amounts removes confusion and disagreement among family members. However, it also makes it essential for each family member to identify and prove their unique damages.
What Happens When a Wrongful Death Claim Involves a Minor Child as a Survivor in Florida?
When a wrongful death claim involves a minor child as a survivor, Florida law 768.23 requires guardianship of the award. In addition, the court must approve the settlement. The additional oversight is to ensure that the funds are managed for the benefit of the minor child.
Why Choose Elstein Legal to Represent Your Wrongful Death Case
At Elstein Legal, we are committed to advocating for you throughout the legal process after the death of your loved one. We will work to reduce the burden of the civil system, so you can focus on more important aspects of adjusting to life without your loved one.
In addition, our founder Brian L. Elstein will use his extensive experience to achieve the best possible outcome on your wrongful death claim.
The compensation that you may receive for a wrongful death claim is significant. The funds you receive can provide much-needed relief for you and your family. We are passionate about helping victims of wrongful death in Miami take all the steps necessary to work toward justice.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
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If you or a loved one has been injured in an accident, you deserve expert legal representation to seek the justice you deserve and obtain fair compensation. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.