Miami Wrongful Death Lawyer

No more cover-ups. Victims deserve truth and compensation.

Our Miami, FL wrongful death lawyer understands that losing a loved one due to the negligence of another person is devastating. While no jury verdict or sum of money can undo the terrible damage of a fatal injury, financial compensation can help support the victim’s family and assist during their time of grieving. At Needle & Ellenberg, P.A., our lawyers have more than 50 years of combined experience helping families address the legal issues surrounding a wrongful death claim. Each personal injury lawyer at our firm is guided by years of experience. Through compassionate support, we can help you understand your legal options surrounding a wrongful death.

Wrongful Death Claims

When a victim is killed because of the carelessness, negligence, or recklessness of another party or parties, their loved ones may be able to file a wrongful death lawsuit against those deemed responsible for the victim’s death. Family members who file the claim need to prove that they have been harmed by their loved one’s death. Under Florida law, the victim’s spouse, children, and parents are usually eligible to file a wrongful death lawsuit. Under certain circumstances, a blood relative or a sibling who was adopted and was “partly or wholly dependent on the decedent for support or services” may be able to file a claim.

Examples of cases where wrongful death claims can be filed include fatal motor vehicle accidents, medical malpractice cases, death from a defective or dangerous product, and situations where the victim was intentionally killed.

If you have lost a loved one but are unsure if you want to file a wrongful death claim, you should talk to our wrongful death attorney. Florida’s statute of limitations to file a wrongful death claim is only two years from the date the victim died. If you try to file after that date, the court will likely dismiss your claim.

How A Wrongful Death Attorney Proves Wrongful Death

If the statute of limitations has not expired and our wrongful death lawyers determine that your loved one died because of the negligent actions of another party, we can begin to take the legal steps to file a wrongful death claim.

In a lawsuit, the victim’s family or representative is referred to as the plaintiff(s) and the party who caused the death is referred to as the defendant(s).

In Florida, if you want to prove that someone caused a wrongful death, your personal injury lawyer must demonstrate that specific factors were present during the incident. These factors show that the defendant’s actions or behavior led to the victim’s death. These elements include:

• Negligence: The evidence presented by the plaintiff must prove that the victim’s death was caused, either in whole or in part, by the carelessness, negligence, or reckless actions and/or behavior of the defendant.
• Breach of Duty: The evidence presented must also show that the defendant owed a duty of care to the victim, and that that duty was breached. For example, in the case of a fatal car crash where the defendant was driving drunk, our attorney can show the court that the defendant breached his or her duty by getting behind the wheel of the vehicle after drinking. When the state issues a driver’s license, motorists accept that they now have a duty to follow all traffic laws and to drive safely.
• Causation: Once the breach of duty is proven, the evidence must then prove that the action of the defendant caused the victim’s death. In the drunk driving example, it could be shown that had the defendant not been drinking, there would not have been an accident, and the victim would still be alive.
• Damages: After the other three elements have been proven, the plaintiff must prove the damages they have suffered, such as medical costs, funeral and burial expenses, loss of income, loss of benefits, mental anguish, and loss of companionship.

Whether or not there have been criminal charges brought against the defendant, you can still file a wrongful death claim in civil court. These two justice systems are completely separate from each other, and even if charges are not filed, are dropped, or the defendant is found not guilty in criminal court, he or she can still be found liable in civil court and ordered to pay wrongful death damages to the victim’s family.

Damages That May Be Awarded In A Wrongful Death Claim

No amount of money will ever make up for the tragic loss of a loved one, but your Miami wrongful death lawyer can help you find closure. The unexpected death of a loved one can leave a family financially devastated. Not only are there immediate costs to deal with, but many families also often face the loss of the victim’s income, especially if the victim was the parent of young children. Our attorney can discuss in detail the types of damages that your family may be able to collect based on your particular case. Generally, the damages sought and awarded in wrongful death claims can include the following:

• Medical expenses associated with any medical treatments performed on the victim after they were injured. These expenses can include ambulance service, emergency room care, surgeries, intensive care, or any other medical costs that were incurred as a result of the incident that caused the victim’s death.
• Funeral and burial expenses.
• Loss if the victim’s income, including both present and future loss. Anticipated future earnings (up to retirement) may also be calculated and awarded as damages.
• Loss of any benefits the victim provided for his or her family, including health insurance and pension plans.
• Loss of consortium the victim’s survivors have suffered. This includes the care, companionship, and protection that children, spouses, or partners have suffered because of the victim’s death.
• Mental and emotional anguish survivors have suffered due to the victim’s death.

In some wrongful death lawsuits, there may be punitive damages awarded to the victim’s family. Punitive damages are additional and separate from the actual damages that are awarded. Punitive damages are sometimes awarded as a way of punishing the at-fault party when their actions are seen as being egregiously negligent or cruel.

How Our Personal Injury Team Can Build A Case

Wrongful death claims involve a complicated process, made more challenging by the heightened level of emotion and sense of loss affecting everyone involved. Every attorney at our law firm is dedicated to helping our clients assert their legal rights. We understand how overwhelmed and distressed your family may feel, and we are committed to providing the personal attention and care you deserve. Our wrongful death attorney can discuss realistic expectations for the outcome of a personal injury case so clients can better understand their rights and what the future may hold.

Wrongful death claims have different restrictions based on how the death occurred. Medical malpractice claims are viewed differently under the law than product liability, general liability, and motor vehicle accident claims. When an injury occurs as a result of a work-related accident, there could be even more factors affecting the outcome of a claim. Our experienced personal injury attorney can manage these challenges and help underline realistic expectations depending on the relevant factors.

Contact Our Local Wrongful Death Lawyer in Miami, FL

If you have lost a loved one due to the negligence or recklessness of another party or parties, our Florida wrongful death attorney understands that your family has not only suffered a devastating personal loss, but that you may also be struggling with overwhelming financial losses as well. The skilled team at Needle & Ellenberg, P.A. has more than five decades of combined experience aggressively advocating for victims and their families, and will fight to get the compensation that your family deserves for the loss of your loved one. Based in Miami and Fort Lauderdale, we serve clients across Florida and know they can come to us for top personal injury legal services. If you would like to find out more about how our law firm can help you obtain the damages your family deserves, give us a call or email us today.

Determining Liability In A Wrongful Death Case

It’s shocking when a family member passes away as a result of the negligence of another party. Unfortunately, this can happen more frequently than anyone would like to admit. Although nothing can replace the loss of a loved one, you may be entitled to a settlement if their death was the result of someone’s negligence. After a loved one dies, you may be left with medical costs or other losses that you are not able to take care of by yourself. Compensation can help alleviate the stress of paying for damages and bills and allow you the time to grieve the loss of a loved one.

Defining Wrongful Death

The process can be complicated, but our attorneys can help protect your rights and guide you through your next steps. Because wrongful death laws vary depending on the state you live in, meeting with your attorney can help you determine whether a wrongful death claim is valid. Many attorneys will look over your case for free to decide on if a claim could be filed. Hearing our experienced lawyer’s assessment can help you decide how to move forward.

Types of Wrongful Death Cases

The following are some of the most common causes of wrongful death claims:

• On-the-job accidents that were the result of employers not addressing known safety concerns
• Medical malpractice
• Murder
• Auto accident
• Negligent pilots and airlines whose decisions caused plane accidents
• Accidents involving improper maintenance of public transportation

Proving Negligence

In order to win your case, your wrongful death attorney must prove that several requirements are satisfied:

• Our firm must prove that you have been impacted financially by the death.
• The person who was killed must be either someone you were financially dependent on, a child who was dependent on you, or a significant other.
• We must prove that someone’s negligent behavior led to the death of your loved one. For example, a drunk driver who kills someone in a car accident is considered negligent.

Determining Who Should Be Sued

If it can be proven that a party’s negligence led to a wrongful death, then they can be held responsible in a lawsuit.

Your Miami wrongful death lawyer can help you determine whether someone’s negligence led to your loss. Your legal team can also conduct a deeper investigation to determine whether anyone else can be held responsible.

When a loved one passes away without warning, it can take a long time to heal from the loss. In addition to grief, you may be left with exorbitant amounts of hospital bills or other expenses, especially if you were financially dependent on your loved one. Speaking with our personal injury lawyer about your case can help you determine whether filing a lawsuit is the right decision.

When you’ve lost a loved one due to the negligence of another person or party, you should contact a wrongful death law firm you can trust. Regardless of what you may have been told by third parties, when a wrongful death occurs, there could be a chance to collect monetary compensation. Although this cannot reverse time, it may help to ease any financial burdens and allow you to focus on your recovery and well-being.

Needle & Ellenberg, P.A. is the Miami law practice families can count on for legal guidance and support. With decades of experience and a passionate determination to get justice for our clients, we’re ready to get you started. Contact us today for a consultation.

Eligibility To File A Wrongful Death Claim

In most states, an incident involving a fatality is considered to be a wrongful death when intentional action, negligence, or carelessness of a person or entity was involved. When this happens, another person could take legal action to pursue monetary compensation for a wrongful death. Who may initiate the filing process depends on state laws and procedural rules, which can vary significantly. When you contact our injury team, we can discuss your case to determine which jurisdiction applies.

Every state has laws to protect the immediate family members of the deceased. This means that, in general, they can file a claim if wrongful death is involved. Typically, if the deceased was married, the surviving spouse files the claim, but sometimes an adult child does. When a minor child is involved, their parent or guardian usually files on their behalf. Certain states also allow people in a civil union or domestic partnership to file a claim. If the deceased was a single adult, distant family members, such as grandparents or siblings, may be able to file a claim. Should a dispute arise within a family regarding who may file a claim, our lawyer can be contacted to determine the available options. If more than one claim is filed, the court will likely consolidate them into a single case.

When A Will Is Involved

If the decedent had a will, it’s a good idea to get advice from our personal injury lawyer. When a will is a factor, a court usually appoints an executor to administer the total estate. This individual may also have the sole right to file a wrongful death claim.

Realizing that a cherished loved one not only lost their life, but could have been due to the fault of another, can be devastating for any family. When someone is responsible for a person’s untimely death, it is worth considering filing a lawsuit against them. Surviving family members often consult our lawyers for advice on their situation.

At Needle & Ellenberg, P.A., we understand that you may be seeking justice regarding what happened. You can rely on us to be compassionate, strategic, and relentless in our pursuit of restitution for your suffering. We know that no amount of money can bring back the person you lost. But at the very least, you won’t have to endure financial hardship as you grieve and take care of your family. Contact us today for support.

Wrongful Death Scenarios

There are many real-life scenarios that can cause wrongful death. Some of the most common include workplace accidents, construction accidents, car accidents, motorcycle accidents, boating injury accidents, medical malpractice, pedestrian accidents, and bike accidents, among others. We can assess the incident, investigate further if needed, and advise you on whether there are grounds for legal action. We can help you identify the responsible parties if you are unsure. Ultimately, if there was an incident that caused your loved one to sustain life-threatening injuries that they succumbed to, and someone else could be at fault, then it is time to speak with our dedicated wrongful death attorney about a case.

Damages And Compensation

Surviving family members who are eligible to file a claim for wrongful death can seek financial compensation after their loved one passed away. This compensation can cover expenses such as medical bills, lost wages, benefits, and funeral expenses. Compensation will be awarded to the family based on the deceased’s contributions during their natural lifetime. If the case involves a child, financial assistance will be provided to the parents or other surviving relatives for their mental and emotional suffering.

Compensation for companionship and loss of protection may be awarded to spouses who lost their partner. If the deceased contributed to or paid for the ongoing expenses of a family member or for education, payment may be awarded for this as well. If you have questions about what types of damages you are eligible to receive, contact our team today.

Legal Guidance

If you recently lost a loved one and believe that there is an at-fault individual, company, or other party, we strongly recommend contacting us as soon as possible. You can depend on our Miami wrongful death attorney to be committed to your case and, at the same time, offer the empathy and gentleness that you and your family need at this time. Keep in mind there is a statute of limitations for how long surviving family members have to take action, so the sooner we hear from you, the sooner we can begin. We can take the lead on your case and help you pursue justice in a tragic situation. We are prepared to offer support once you are ready.

Compassionate Legal Support In Miami, FL

Losing someone you love due to another’s carelessness or wrongful actions is an unimaginable hardship. Beyond the emotional pain, the practical challenges of medical bills, funeral costs, and the sudden loss of income can make this time even more difficult. At Needle & Ellenberg, P.A., we have helped grieving families recover compensation, giving them one less thing to worry about. If you’re searching for a wrongful death lawyer in Miami, FL, we’re here to help you rebuild and find justice.

Providing Stability During Uncertain Times

The emotional toll of losing a loved one is compounded by financial and legal concerns. Families facing wrongful death cases often don’t know where to turn. That’s where we step in, to provide clear, straightforward legal advice that helps you feel supported and informed every step of the way.

One family we worked with tragically lost a parent in a preventable car accident. The surviving spouse and children were left grappling with grief and financial uncertainty. We worked tirelessly to recover a settlement that not only addressed immediate costs but also helped secure their future. Stories like theirs remind us why we fight relentlessly for justice.

Building A Strong Case For Your Family

When we take on a wrongful death case, our first priority is to build a compelling case that demonstrates the full extent of your loss. This includes:

• • Collecting evidence like medical records, police reports, and witness testimonies.
  • Working with experts to establish the cause of death and the financial impact.
  • Assessing the long-term consequences of the loss, such as loss of income and companionship.

By focusing on these critical elements, we can pursue compensation that reflects the true scope of your loss. This personalized approach makes sure every family’s unique needs are addressed.

A Proven Record Of Success

Our team has decades of experience helping families secure justice and financial stability. Over the years, we’ve achieved significant verdicts and settlements for clients, bringing much-needed resources during trying times. Whether it’s a case involving medical malpractice, workplace accidents, or other forms of negligence, we bring the same dedication and determination to every case.

We’re proud of the difference our results have made for families across Miami. From helping a mother provide for her children after a tragic workplace injury to ensuring a grieving spouse could maintain their home after an unexpected loss, our work is deeply personal and meaningful.

Personalized Attention And Clear Communication

We understand that every wrongful death case is personal and unique. That’s why we take the time to understand your situation, listen to your concerns, and answer your questions. Our goal is to ease your burden by handling the legal process with precision and care. By keeping communication clear and straightforward, we empower you to focus on what matters most: healing and rebuilding your life.

Take The Next Step Toward Justice

If you’ve lost a loved one due to someone else’s actions, you don’t have to face this alone. Our personal injury attorneys are committed to helping families in Miami find justice and financial stability after tragedy. Let us put our proven record of results to work for you. Contact us today to learn how we can help you move forward with confidence.

Tips For Strengthening Your Wrongful Death Case

Pursuing justice through a wrongful death case can feel overwhelming, especially when contending with the loss of a loved one, which is a deeply emotional and challenging experience. While no legal action can truly replace what has been lost, holding responsible parties accountable is an important step toward closure. Strengthening your wrongful death case often depends on how effectively you approach the process. When determining liability and building a strong case that reflects the facts and circumstances surrounding your loss, it’s important to work closely with your Miami, FL wrongful death attorney.

Document Everything Thoroughly

Strong documentation is the foundation of any wrongful death case. This includes gathering medical records, police reports, and any correspondence with the parties involved. Written witness accounts and photographic evidence of the incident or its aftermath can also be valuable. Keeping an organized file of all documents makes sure critical information is easily accessible and evidence is preserved.

Focus On Witness Testimonies

Eyewitness accounts can be powerful in establishing liability. Reach out to anyone who might have observed the events leading to the wrongful death. Their statements can clarify timelines, provide critical details, and support claims of negligence. If possible, work with professionals to interview witnesses promptly while their memories are fresh.

Highlight The Financial and Emotional Impact

Financial and emotional losses are often included in a wrongful death claim. Collect evidence of medical bills, funeral expenses, and loss of income. For non-economic damages, include examples that demonstrate how the loss has affected the emotional and mental well-being of family members. When seeking recovery of damages in a wrongful death claim, strong evidence can strengthen the argument for fair compensation.

Seek Input From Professionals

Legal cases often benefit from input from professionals in relevant fields. For instance, medical professionals, accident reconstructionists, or financial analysts can provide valuable insights that clarify key aspects of your claim. Their testimony can add credibility and depth to your case.

Avoid Common Pitfalls

Missteps during a wrongful death claim can weaken its strength. Avoid speaking with insurance adjusters without legal representation from our wrongful death lawsuit attorney, as they may attempt to minimize the value of your claim. Refrain from discussing the case on social media, as posts could be used against you. Staying focused on presenting a clear and honest account of the events is critical.

Consult With Legal Support Early

The sooner you contact your wrongful death claim lawyer, the more time your team has to gather evidence, build a case, and file within the required timeline. Time is a mitigating factor in wrongful death cases, as delays can result in lost evidence or diminished witness availability.

Wrong Death Law Infographic

Justice Through Action

Every decision matters when pursuing justice through a wrongful death claim. Working methodically, staying organized, and relying on our personal injury lawyer’s skilled legal guidance can significantly strengthen your case. We can provide the insight and representation necessary to manage the legal process effectively.

If you are seeking experienced and compassionate support for a wrongful death claim, Needle & Ellenberg, P.A. is here to help. Our team has more than 50 years of combined experience protecting our clients’ rights. Contact us today for a complimentary consultation to discuss your case and take the first steps toward achieving accountability and justice.

Wrongful Death FAQs

When loved ones pass away due to negligence, remaining family members have legal options if they want to hold responsible parties accountable. Filing a wrongful death claim can provide financial relief and a sense of justice. Below, our fatal accident attorney addresses common questions about wrongful death cases and what families should know when considering legal action.

What Constitutes A Wrongful Death?

A wrongful death occurs when someone dies due to another party’s negligence, misconduct, or intentional act. This could involve a reckless driver, a dangerous product, or medical malpractice. To file a wrongful death claim, there must be evidence that the responsible party had a duty of care, failed to uphold it, and directly caused the death. Families of the deceased, such as spouses, children, or parents, may have the right to pursue compensation through legal action.

What Steps Should Be Taken Immediately After A Potential Wrongful Death?

Families should take several steps to protect their rights after a wrongful death. First, gathering evidence such as medical records, accident reports, and witness statements can be helpful. Speaking with our wrongful death attorney early can help assess the case and understand filing deadlines. Additionally, families should avoid speaking with insurance companies without legal representation, as early statements can affect the outcome of a claim.

What Damages Can Be Recovered In A Wrongful Death Case?

Families may recover damages for both financial and emotional losses. Economic damages include medical bills, funeral expenses, and lost income the deceased would have provided. Non-economic damages cover pain and suffering, loss of companionship, and emotional distress. In certain cases, punitive damages may also be awarded to punish particularly reckless or harmful behavior. Each state has different laws regarding wrongful death compensation, so it’s important to understand what may be available in a specific case.

What Types Of Incidents Can Lead To A Wrongful Death Claim?

Wrongful death claims can arise from a variety of situations. Common examples include fatal car accidents caused by distracted, reckless, or impaired drivers, medical errors that result in a patient’s death, and workplace accidents in unsafe environments. Defective products, such as malfunctioning machinery or dangerous drugs, may also lead to wrongful death cases. If an individual or company acted negligently and their actions led to someone’s death, the surviving family may have grounds for a claim.

Can Punitive Damages Be Awarded In Wrongful Death Cases?

Punitive damages are awarded in cases where the responsible party’s actions were especially reckless or intentional. Unlike other types of compensation, punitive damages are not meant to cover a family’s losses but instead serve as a financial punishment to discourage similar conduct in the future. Courts consider factors such as the severity of the misconduct and the defendant’s history of similar behavior when deciding whether to award punitive damages.

Seeking Legal Guidance After A Wrongful Death

Emotional and financial challenges are just a few of the issues that families will have to contend with after the loss of a loved one in a wrongful death case. Taking legal action can help hold those responsible accountable and provide financial support for the future. Working with our fatal injury lawyer can make the process more manageable and help families understand their options. For a combined 50 years, our legal team has helped victims and their families achieve the best possible legal outcomes.

Contact A Wrongful Death Attorney Miami FL Residents Trust

Like other claims, wrongful death claims must be filed within a specified time period. If this lapses and no claim is filed, you risk being unable to pursue compensation. The statute of limitations may vary by state, so you should act quickly. To schedule your consultation, please contact our Miami personal injury law office today.

Negotiating With Insurance Infographic

Filing A Wrongful Death Lawsuit Against A Doctor Or Hospital

Every day, millions of Americans place their trust in medical professionals. Both private practice physicians and those employed by hospitals treat patients who are chronically ill, injured, and vulnerable. No matter the “why” that brings a patient into a doctor-patient relationship, trust is a critical component of that patient’s care. In recognition of the trust patients place in their medical providers, the law requires medical staff to uphold a specific standard of care. When this duty of care is breached due to hospital negligence, recklessness, or intentionally destructive behavior, patients may be able to hold offending healthcare providers accountable under the law. However, if a patient dies as a result of their healthcare provider’s action/inaction, their family members may be able to file a wrongful death suit.

Wrongful Death In Medical Negligence Cases

It is important to understand that different states enforce slightly different laws related to wrongful death claims. You should speak with your attorney about your filing options, any restrictions that may apply to your situation, and any time-sensitive filing deadlines you should be aware of. It can often be difficult at first glance to know whether your loved one died as a result of medical negligence. As medical malpractice claims involve legal action, you’ll need your wrongful death attorney to evaluate your situation before you commit to filing a claim. Only once your loved one’s circumstances have been investigated by your attorney can you know whether you have sufficient grounds to file suit against a physician and/or medical facility. Even if your medical provider assures you that your loved one’s death was not preventable, it is generally a good idea to speak with your attorney. Unfortunately, medical providers are not always forthcoming about admitting professional malpractice.

Assistance Is Available For Medical Negligence Claims

If you’ve recently lost a loved one and you believe their death was caused by a medical care provider’s negligence, you need to contact your Miami, Florida wrongful death lawyer as soon as possible. Speaking with a member of our legal team does not commit you to any legal action. The point of your consultation is to get answers to your questions and to learn more about your options. Should you choose to file a wrongful death lawsuit, we can provide experienced guidance and support throughout the claims process. Scheduling a consultation will help you realize that whatever decision you make is an informed one so that you’re never left wondering “what if?” about your legal options in the wake of your loved one’s death.

Wrongful Death Representation for Truck Accident Victims

If you have lost a loved one in a truck accident, you may have the right to pursue legal compensation with a wrongful death claim. When you contact our personal injury team, we’ll guide you through the next steps. When any kind of commercial truck (such as a tanker, construction truck, semi truck, or other large truck) crashes with a passenger vehicle, the injuries are often catastrophic, if not fatal. According to the Insurance Institute for Highway Safety, commercial trucks have the highest rate of fatalities per mile than any other type of vehicle on U.S. roads.

Our attorneys have extensive experience helping clients recover monetary damages after losing family members to truck accidents. We know that with adequate compensation, a wrongful death claim can also help to ease any financial stressors and allow everyone affected to focus on their recovery. Furthermore, by filing a truck accident claim, you’re holding the negligent party accountable for their actions, which can bring you an important sense of closure. Wrongful death claims, especially those that involve commercial trucks, are often complicated and may include multiple partie,s such as:

• The driver of the truck
• The owner of the truck
• The driver’s employer
• The company whose goods were being transported
• The insurance company
• A part’s company
• Weigh stations
• Government entities
• + More

All of these parties are required to comply with applicable state and federal laws and regulations. If any fail to do so and someone loses their life, your personal injury attorney may investigate them in further detail to determine whether or not to hold them liable.

Negotiating With The Insurance Company

Insurance companies have one goal: to maximize profit. For this reason, they often pay minimum settlements. Insurers are very good at achieving this goal and use clever wording and tactics to do so. When it comes to a wrongful death claim involving a truck accident, you can expect a team of professionals working on your case and against your defense. You might be told things like:

• You can accept an immediate settlement now, without a lawyer.
• You don’t need a lawyer at all.
• We have reason to believe you are not being truthful.
• If you don’t accept, we will be ready to fight all the way to court.
• We need more time to review the case.

Despite what they tell you, you should have a lawyer on your side if you want to protect your rights. It’s also a matter of convenience: You can let your lawyer handle all communications and hurdles while you focus on your recovery.

Let Our Firm Fight For Your Rights

Losing a loved one can be absolutely devastating. Our firm is ready to provide you with the legal support you’re looking for and a shoulder to lean on in these turbulent times. We have the necessary experience, dedication, knowledge, and patience needed to handle these claims. If you would like to learn more, please contact Needle & Ellenberg, P.A. to speak with our Florida wrongful death lawyers.

Florida’s Wrongful Death Laws

Wrongful death cases refer to situations where an individual’s death was caused by a negligent party. These regulations form the foundation of wrongful death lawsuits in the state, and understanding their nuances is vital for both victims’ families and legal professionals.

The Basics of Florida’s Wrongful Death Act

Florida’s Wrongful Death Act is enshrined in the Florida Statutes, Chapter 768. This act establishes the legal framework governing who may sue, the damages they may seek, and the circumstances under which a wrongful death lawsuit may be initiated. The act allows surviving family members of the victim or the victim’s estate to file a wrongful death lawsuit. This usually includes the decedent’s spouse, children, parents, and, in some situations, other blood relatives or adoptive siblings who were partially or wholly dependent on the deceased for support or services.

Damages In A Wrongful Death Lawsuit

Florida’s Wrongful Death Act outlines the compensation that family members may seek in a wrongful death case. Specifically, a surviving spouse can claim damages for lost companionship, protection, and mental anguish. If the deceased has minor children, or if there isn’t a surviving spouse, the children can seek compensation for the loss of parental guidance, companionship, and their own emotional distress. Parents who lose a minor child can recover damages for emotional pain. In instances where an adult child passes away without other survivors, parents might still be eligible for compensation. The estate of the deceased has the right to recover certain damages, including potential lost earnings of the deceased and funeral or burial costs if they were covered by a family member.

Statute Of Limitations

In Florida, as is the case in many states, there is a specific timeframe within which a wrongful death lawsuit must be filed. The statute of limitations in Florida is typically two years from the date of death. However, certain exceptions may extend or shorten this timeframe. Therefore, it’s essential to consult our knowledgeable Miami wrongful death lawyer promptly to understand your rights and protect them.

Why Legal Representation Matters

Wading through the legal aspects of a wrongful death claim can be tedious and intimidating. Given the emotional turmoil following the loss of a loved one, it can be a tremendous relief to have an experienced professional handle these legal challenges. This is where our lawyers’ knowledge and expertise come into play. Having someone well-versed in local laws and with a track record of successfully representing similar cases can make all the difference. You need a law firm that understands the gravity of the situation and approaches each case with dedication, professionalism, and compassion. Needle & Ellenberg, P.A. has consistently stood by families in their most challenging times, providing important legal guidance and delivering real results.

Needle & Ellenberg, P.A., Miami Wrongful Death Lawyer

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Take The Next Step Forward

If you’re dealing with the aftermath of a loved one’s death due to someone else’s negligence, remember you’re not alone. Don’t wait to take action: contact our Miami wrongful death lawyer today.