Seeking Justice for Your Loved One in Florida
Losing someone we love is really hard, especially when their death was because of someone else’s mistake. We can’t really make up for the person’s life being gone, but the family can try to make sure they have enough money in the future. They can do this by contacting a Miami wrongful death lawyer, who knows about wrongful death cases.
When you feel sad because someone you love died, it can be hard to deal with all the legal stuff that comes with a wrongful death case. Our Injury & Wrongful Death Law Firm understands this and will take care of your case with care and respect. Our personal injury attorneys only work on a few cases at a time, so we can give each client our full attention.
We are wrongful death attorneys who have won awards for helping families when someone dies because of someone else’s mistake. We have gotten lots of money for people who got hurt and for families who are sad because they lost someone. But more than that, we really care about each person we help, and we do whatever we can to make sure they can have the life they want. It doesn’t matter what happened in your situation, our team is ready to help you make sure your rights are protected after a loved one dies.
Contact our office online or by phone to schedule your free consultation at
Who Can File a Wrongful Death Case?
The Florida Wrongful Death Act controls wrongful death claims involving the death of an individual caused by another person’s negligence. Under the statute, only a personal representative is allowed to file wrongful death lawsuits on behalf of the deceased. The main aim of such cases is to provide compensation for those who have suffered as a result of someone else’s demise.
Who Are the Survivors?
In different situations, the Florida Wrongful Death Act determines who may or may not be a survivor. The determinants include, but are not limited to marriage, having children, having close relatives who were dependent on them, and even the nature of their demise. This can be complicated and is determined on a case-by-case basis. You should consult with a wrongful death attorney specializing in wrongful death cases under such circumstances so that they can advise you accordingly.
To explain this better, let me give an example: There is a man called Mr. Allen who is 90 years old. Because of drunk driving, he suffered from a severe accident in his car. Though the doctor took him to the hospital to save him because of the wrong treatment, Mr. Allen died there. A year before his wife had died already. At 90 years old are two children Mr. Allen named Henry and Jack.
The Florida Wrongful Death Act considers both Henry and Jack survivors. It applies to their case against a drunken driver. The driver’s carelessness led to another person’s death. But, under medical malpractice wrongful death, they have no survivorship rights. This is due to a special rule for these cases. So, if someone asks who can sue for Mr. Allen’s death due to medical malpractice, the answer would be nobody.
How Much Time Do I Have to File a Wrongful Death Claim?
This question about suing for wrongful death can be tricky. To get the right answer, consult to a Miami wrongful death lawyer who specializes in wrongful death cases. But usually, you have two years from the date your loved one died to file a lawsuit for wrongful death against anyone responsible. That deadline is called the statute of limitations.
There are only a few situations where the deadline can be extended, so it’s important to consult a wrongful death attorney who specializes in wrongful death cases. They can help you figure out when the time limit for filing a lawsuit might end. Here’s a useful place to begin looking up how long you have to file a lawsuit in Florida.
Common Wrongful Death Claims in Florida
People can die in many different kinds of accidents. In 2021, the Centers for Disease Control and Prevention (CDC) recorded more than 224,000 deaths from unintentional injuries. Out of those, more than 45,000 were caused by car accidents, over 102,000 were caused by accidental poisoning, and more than 44,000 were caused by accidental falls. Not all of these accidents can be considered wrongful death cases, but many of them happened because someone else was responsible.
In the most recent year that was reported in Florida, the Department of Highway Safety and Motor Vehicles says there were 401,000 car accidents in the state. Out of those, 3,454 people died. A lot of these deaths happened because drivers were behaving very recklessly. There were 5,111 crashes where alcohol was confirmed to be involved and 747 crashes where drugs were confirmed to be involved. These crashes caused 827 deaths during that year, which is almost 25% of all the people who died in traffic accidents that year.
Other Accidents That May Lead to Wrongful Death
- Distracted driving
- Commercial vehicle collisions
- Product liability
- Construction accidents
- Medical malpractice
- Pool Accidents
- Boating Accidents
- Pedestrian & Bicycle Accidents
- Motorcycle Accidents
- Prescription Medication Errors
- Rehab Facility Negligence & Death
Florida’s Wrongful Death Laws
According to the law in Florida, the person in charge of the deceased person’s belongings and money can file a wrongful death claim. If the deceased person wrote a will, they might have already named this person. But if there is no named person, the court will choose someone to be in charge, and that person can then file the claim.
How Much Is a Wrongful Death Case Worth in Florida?
The amount of money awarded in a wrongful death case can vary. It’s difficult to say exactly how much a jury might decide to give. However, we have a way to estimate the value of a wrongful death case that we use when we handle these types of cases.
Survivors: First, we assess the number of people who will be able to make a claim.
Damages: Second, we examine the different types of compensation that the survivors can seek. For example, if the survivors are children, they may be eligible for compensation for the loss of parental guidance, support, and services. If the survivor is a spouse, they may be able to claim compensation for the loss of companionship. The specific types of compensation that each survivor can seek are crucial in determining the overall amount of damages.
Liability: Third, we consider who is responsible for the death. The specific circumstances that led to the death can influence the jurors and make them more likely to award a larger amount of money. For instance, a jury is likely to give a higher compensation amount if the person responsible was driving under the influence of alcohol, compared to someone whose negligence was not as severe.
Location: Another important thing to think about is where the wrongful death case will be heard. Different jurisdictions in Florida have a history of giving higher amounts of money in verdicts compared to others. Generally, cases in Broward County, Miami-Dade, and Palm Beach have often resulted in some of the largest verdicts in the state.
Defendants: Another thing to think about is who the people or companies being sued are. In a car accident case, if the person being sued is someone like a school teacher who made a mistake and caused the crash, the jurors might give a smaller amount of money compared to if the defendant was a big company like Publix or Wal-Mart. In personal injury cases, even though jurors are not supposed to think about how much money the defendant has when deciding on a verdict, sometimes they do take it into account.
How Long Does it Take to Settle a Wrongful Death Case in Florida?
It’s hard to know what will happen in wrongful death settlements. Some cases finish fast, in a few months, but others take many years. The family usually wants to settle quickly and get a fair payment. Sometimes, the insurance company wants the same thing, but other times they might try to challenge the family’s claims and offer less money to settle the case.
How long it takes to settle a wrongful death case depends on many things, but the most important ones are how the person died, how much insurance money is available, and who the surviving family members are.
Understanding Miami Wrongful Death Autopsies: Procedures and Legal Guidance
In Miami wrongful death cases, when someone dies and it’s considered a wrongful death, an autopsy is usually done by the Miami-Dade Medical Examiner’s Office. If families want to know more about the autopsy, they can ask the medical examiner’s office for copies of the details. If the government didn’t do an autopsy, families could choose to have a private one instead. To find a pathologist for a private autopsy, it’s best to talk to a wrongful death attorney for help and advice.