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Wrongful Death Attorneys

Dealing with a loved one’s death is both a devastating and challenging experience. On top of the emotional pain you have to deal with from the sudden loss, you can also suffer from future financial hardships. You can submit a wrongful death claim and hire your wrongful death attorney to help you get the compensation you need.

You can submit a wrongful death claim against someone who has caused someone’s death, either through intentional actions or negligence. It’ll allow you to file a lawsuit against a party responsible for the death. Though each state’s regulations differ, a representative of the deceased’s estate can file these complaints.

The Wrongful Death Act of Florida

In Florida, when someone dies due to another person’s intentional or negligent actions, the deceased’s estate can file a wrongful death claim. Under Florida law, wrongful death happens when an organization or individual causes another person’s death by a breach of warranty or contract, default, negligence, or wrongful act.

In short, it happens when a person dies due to the legal fault of another party due to:

  • Intentional acts that may include crimes
  • Defective products
  • Medical malpractice
  • Negligent behaviors

In other states, the deceased’s relatives can file a wrongful death claim. On the other hand, only a representative of the deceased’s estate can file a claim under Florida law. If the representative files the lawsuit, they act on behalf of the deceased’s estate and surviving family members.

Your representative needs a list of potential beneficiaries when filing a claim.

Birth Injuries

Birth injuries are damage to a baby that happens near or during the time of birth. It can include contracting infections, excessive pressure on the baby’s body or head, oxygen deprivation, and other complications. Though other birth injuries are minor and have no life-changing effects, others can lead to permanent disabilities.

That can affect the child physically, emotionally, and/or cognitively. If a doctor’s reckless actions lead to birth injuries, you can file a medical malpractice lawsuit.

Car Accidents

If a car accident happens, usually it’s because someone isn’t following the traffic rules or isn’t safely driving as expected. Negligent drivers can be held legally and financially responsible for injuries resulting from a car accident. In other states, there are particular exceptions to this where drivers can seek the assistance of their insurance providers in case of catastrophic injuries.

Medical Malpractice

You can file medical malpractice lawsuits if a doctor or medical practitioner provides a treatment that doesn’t follow the appropriate medical standard of care, and someone gets injured as a result. But you should bear in mind that getting a poor outcome in your medical facility doesn’t mean malpractice occurred.

Workplace Accidents

Employers should keep their employees safe while working on their premises. Examples of workplace wrongful death lawsuits may involve accidents while at work, including:

  • Railroad Worker Injuries
  • Towboat and Barge Accidents
  • Asbestos and Mesothelioma
  • Transportation Industry Accidents
  • Manufacturing Accidents
  • Strain and Repetitive Injuries

You can submit a claim through the state’s workers’ compensation act, but you can also sue for negligence. Hire seasoned wrongful death attorneys in Miami to assist you.

Motorcycle Accidents

Usually, motorcycle accidents can result from when drivers aren’t mindful of motorcycle drivers. Drivers could have avoided that problem by checking the road before changing lanes. Motorcyclists involved in similar accidents can suffer from:

  • Lacerations
  • Broken bones
  • Burn injuries
  • Paralysis
  • Spinal cord injuries
  • Neck and back injuries
  • Brain injuries

Motorcycle accidents will need the assistance of wrongful death attorneys because many insurance providers don’t cover injuries to a certain degree. On top of that, these accidents can happen when motorcyclists crash due to road damage or other hazards.

Truck Accidents

Though truck accidents are still caused by a vehicle, they’re different because of the weight and size of the car in question. Truck accidents are different since passengers in smaller cars are more likely to suffer from more severe injuries or even death when a truck hits a smaller car.

Trucks can cause accidents in different ways, including:

  • Driving while intoxicated on drugs or alcohol
  • Operating company negligence
  • Mechanical defects
  • Driving with an overweight load
  • Driving during extreme conditions
  • Negligent driving
  • Driver error (including jackknifing, driving tired, or failing to signal)

Defective Drugs and Products

Most manufacturers always ensure that the products they’re selling are safe for the public to use. But if they fail to manufacture safe products, they should be held liable for accidents that may happen. Examples of defective products causing wrongful deaths may involve a wide range of defects, including:

  • Defective vehicles
  • Dangerous toys or products
  • Harmful containers or food products
  • Pharmaceuticals

What Do Wrongful Death Lawsuits Do?

Wrongful death claims are a kind of personal injury lawsuit where relatives or partners of the deceased appoints a representative to do the filing on their behalf.  If the dead person has a will, the court will appoint a personal representative or an estate executor.

In that case, the “Plaintiff” in the lawsuit is the estate’s representative or executor who handles the filing on behalf of the deceased’s family.

Wrongful death claims will allege that the “Defendant” acted negligently or intentionally and was responsible for the sudden death of the deceased person. Like other personal injury cases, the “Defendant’s” liability is expressed in financial compensation (“damages”) that the court orders them to pay.

“Defendants” should pay the deceased’s surviving family members.

Filing a Wrongful Death Claim

If your representative files a lawsuit, they should still gather evidence for the different elements of the claim before they can get compensation for the damages. In short, you should prove to the court that the “Defendant” was negligent and that their negligent actions caused the untimely death of your loved one.

You need to present your evidence to the court before ordering the “Defendant” to pay any damages. Dealing with the sudden loss of your loved one while trying to understand the legal system is pretty challenging. You can quickly feel helpless and frustrated.

Your personal injury attorney can help you ease the burden you’re carrying by providing you with reliable legal representation. Here are a few ways your personal injury attorney can help you with the lawsuit:

  • Negotiating with the responsible party’s insurance provider for compensation
  • Determining how much compensation is fit for your wrongful death claim
  • Investigating your claim to gather evidence for the case
  • Filing all needed paperwork and documents required by the legal system
  • Offering an initial evaluation of your case to determine the best course of action
  • Preparing for trial proceedings if both parties didn’t agree to a settlement

Learn more about how to find a wrongful death attorney by clicking here.

The Elements of Wrongful Death
Duty of CareYou should present pieces of evidence that tell the court that the “Defendant” owed a duty of care to the deceased person, for instance, in the case of vehicle collisions. You should verify that the “Defendant” had an obligation to follow the Rules of the Road and drive carefully while behind the wheel.
Breach of Duty of CareYou should also present to the court that the “Defendant” has breached the duty of care owed to the “Defendant.” Let’s talk about the previous example. If the lawsuit involves a car accident, you should show that the “Defendant” has failed to obey the traffic laws, such as running a red light.
CausationYou should also provide evidence that the “Defendant’s” actions directly caused the sudden death. Even if they’ve acted recklessly while behind the wheel, the “Defendant” isn’t responsible for the deceased’s death if it was caused by another problem, such as mechanical failure on the deceased’s vehicle.

Seek fair compensation for a loved one’s wrongful death by getting the help of expert attorneys from Diamond and Diamond Miami.


Pro Tip

In order to prove wrongful death, the plaintiffs must show that the defendant owed a duty to the victim. The plaintiff must show that the defendant breached their duty as a result of their negligence.”

Wrongful Death Damages

In Florida, damages available to surviving relatives are stated in Florida Statute section 768.21. It may include:

Mental Pain and Suffering

Not all family members can file a claim for pain and suffering. Only the surviving spouse and children under 25-years-old are eligible for these damages. But an adult child can file a claim for pain and suffering if there’s no surviving spouse.

In addition, the deceased’s surviving parents can file a claim for pain and suffering if there’s no surviving spouse or children unless medical malpractice is the basis for the claim.

Loss of Companionship & Protection

You can also file a compensation claim to recover the damages caused by the loss of support, cooperation, instruction, and guidance. Both the surviving spouse and minor children are eligible for protection and loss of companionship damages. If there’s no surviving spouse, an adult child can recover these damages.

Loss of Support and Services

Each surviving family member can file a claim for lost future and past contributions. It may include physical labor, property, or labor. For example, the surviving spouse might recover the value of housekeeping services that the deceased contributed.

Funeral Expenses and Medical Bills

Family members who paid for the deceased’s funeral and medical expenses can file a claim for recovering those expenses as damages. If the deceased’s estate paid the costs, then the estate can recover the loss in damages.

On top of the damages stated above, the deceased’s estate can file a claim for these:

Lost Accumulation of the Estate’s Value

In other cases, the estate can also recover the value of income or investments that the deceased would have accumulated if they had not died.

Lost Earnings

Lastly, the deceased’s estate can file a claim for future lost earnings. That may include pension benefits that the deceased would have earned.

Raise Your Chances of Winning Your Wrongful Death Case

Wrongful death claims will always be complicated, and the law can change without any notice. If you’re planning to take legal actions, learn about the tips on how to pick an attorney for a wrongful death lawsuit. Diamond and Diamond Miami has a team of experienced attorneys who can teach you how the law may apply to your specific case.

Don’t hesitate to contact us at 1-800-567-HURT for a free case evaluation.

Wrongful Death Attorneys FAQs

That depends on the case. Other wrongful death claims are straightforward, while other cases may require evaluations by experts, statements from a witness, thorough proof and investigation, and other kinds of supporting evidence.

The deceased’s representative should prove that another person’s negligence caused or contributed to their loved one’s untimely death to file a compensation claim.

Every case is unique. While others can quickly reach an agreement, other lawsuits can take an average of one to five years to address. Even if your lawsuit doesn’t go to court, settling it takes time while your attorney thoroughly investigates your case.

If you’re not hiring an attorney, you can quickly address the case. If the responsible party offers a low settlement and the injured party agrees to that, that’s the case.

Under Florida law, a jury award or settlement compensation should be equally distributed among all beneficiaries. If the adult beneficiaries agreed to a particular plan for the distribution, the court would honor that agreement.

If the deceased’s representative is their surviving spouse, the court can appoint an administrator ad litem during litigation. It ensures fair distribution of funds.