wrongful death lawyer Miami Florida
As a top wrongful death lawyer Miami FL has to offer, we understand that losing a loved one due to the negligence of another can be devastating. While no jury verdict or sum of money can undo the terrible damage of a fatal injury, financial compensation could 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 navigate the legal issues surrounding a wrongful death claim. Each Miami wrongful death lawyer at our firm is guided by years of experience and readily equipped with compassionate support and can help you to understand your legal options surrounding a wrongful death. What Is a Wrongful Death Claim? 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. As a skilled wrongful death lawyer Miami FL provides may explain, 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, parents, or any 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 in situations where the victim was intentionally killed. It is important to note: If you have lost a loved one but are unsure if you want to file a wrongful death claim, you should still talk to a wrongful death lawyer Miami FL families rely on. Florida’s statute of limitations to file a wrongful death claim against someone is only two years from the date the victim died. If you try to file once that date has passed, the court will likely dismiss your claim. How Does a Wrongful Death Lawyer Miami FL Trusts Prove Wrongful Death? Once a wrongful death lawyer in Miami FL determines that your loved one did die because of the actions of another party, and that the statute of limitations has not expired, he or she can begin to take the legal steps to file a wrongful death claim against that party. In the 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). Under Florida tort law, in order to prove that the defendant named in the wrongful death lawsuit caused the victim’s death, a wrongful death lawyer Miami FL families count on must prove that there were certain elements present at the time of the accident or incident which prove the defendant’s action or behavior resulted in 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 recklessness actions 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 duty was breached. For example, in the case of a fatal car crash where the defendant was driving drunk, a wrongful death lawyer Miami offers 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 of 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, then 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. Your wrongful death lawyer Miami FL can explain that 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. What Damages May Be Awarded in a Wrongful Death Claim? A seasoned wrongful death lawyer Miami FL clients trust understands that no amount of money will ever make up for the tragic loss of a loved one. However, A Miami wrongful death lawyer also knows that the unexpected death of a loved one can leave a family financially devastated. Not only may there be the 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. A wrongful death lawyer Miami FL victims’ families rely on 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 a Miami FL Wrongful Death Lawyer May Build a Case Wrongful death claims involve a complex process, made more complicated by the heightened level of emotion and sense of loss affecting everyone involved. Each wrongful death lawyer Miami FL can trust at our law firm is dedicated to helping our clients pursue their rights under the law. We understand how overwhelmed and hurt your family may feel, and we are committed to giving you the personal attention and care you deserve. A skilled wrongful death lawyer Miami FL residents depend on from our team can discuss realistic expectations regarding the outcome of a case so clients can better understand their rights and what the future may hold for them. A wrongful death lawyer Miami FL residents recommend is aware that 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. An experienced wrongful death lawyer Miami FL offers can navigate these complexities and help underline realistic expectations depending on the relevant factors. Contact a 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, a wrongful death lawyer in Miami, FL 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 attorneys at Needle & Ellenberg, P.A., have 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, clients residing in communities throughout Florida know they can come to us for a top wrongful death lawyer Miami FL deserves. If you would like to find out more about how a top wrongful death lawyer Miami FL can provide could help you obtain the damages your family deserves, call our law firm at (305) 530-0000 or email us today.

Who Is Liable in a Wrongful Death?

A wrongful death lawyer Miami Florida families trust understands that it is shocking when a family member passes away as the result of the negligence of another party. Unfortunately, this can happen more frequently than anyone would like to admit. Although nothing can replace the life 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 tragically, you may be left with medical costs or other losses that you are not able to take care of. 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.

What Is Wrongful Death?

Enlisting the help of a Miami FL wrongful death lawyer patients recommend can help protect your rights and guide you through a process that is proven to be complicated at times. Because wrongful death laws vary depending on the state you live in, meeting with a Miami wrongful death lawyer can help you to decipher if the wrongful death claim is valid. Many attorneys will look over your case for free to determine if a claim could be filed. Hearing the assessment from a wrongful death lawyer in Miami FL could provide you with information to help you decide how to move forward.

Types of Wrongful Death Cases

The following are some of the most common wrongful death cases:

  • On the job accidents that were the result of the employer not addressing known safety concerns
  • Medical malpractice
  • Murder
  • Auto accident
  • Negligent pilot whose decisions were the result of a plane accident
  • A situation in which there is an accident involving public transportation For example, when a mechanic does faulty work on a public bus that results in an accident.

Proving Negligence

In order to win your claim, your wrongful death lawyer Miami FL locals turn to must prove several things:
  • You must prove that you have been impacted financially by their 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.
  • You must prove that it was someone’s negligent behaviour that 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

In order to sue someone, they must be responsible for the wrongful death as the result of their actions. It can be determined that a person is responsible for the wrongful death of your loved one if it can be proven that their negligence was the reason for their death. An experienced wrongful death lawyer Miami FL victims depend on can support you in determining if you have an appropriate wrongful death claim. When a loved one passes away tragically, 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 losses, especially if you were dependent on your loved one.Speaking with a wrongful death lawyer Miami FL provides about your case can help to determine if filing a lawsuit is the right decision for you. When you have lost a loved one due to the negligence of another person or entity, it’s prudent to contact a wrongful death lawyer Miami FL offers. 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 up any financial burdens, allowing you to focus on your recovery and well-being. Needle & Ellenberg, P.A. is the kind of Miami wrongful death lawyer families can count on for legal guidance and support. With decades of experience and a passionate determination to get justice for our clients, we are ready to listen to your story during a free consultation.

Who Can 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 will be dependent upon state laws and procedural rules – which can vary significantly. When you contact a wrongful death lawyer Miami FL trusts, he or she can discuss the case with you to get a better understanding of which jurisdiction it falls under. Every state does have laws to protect the immediate family members of the deceased. This means that generally they can file a claim if wrongful death is a factor. Typically, if the deceased was married, it is the surviving spouse who files a claim, but sometimes it is the adult child. When a minor child is involved, their parent or guardian usually files on behalf of them. Certain states also allow people in a civil union or domestic partnership to file a claim with a wrongful death lawyer Miami FL may provide. If the deceased was a single adult, it may be possible for distant family members like grandparents or siblings to file a claim. Should a dispute arise, within a family, regarding who can file a claim, a lawyer can be contacted to find out what the options may be. If more than one claim is filed, the court will most likely consolidate them into one.

When a Will is Involved

If the decedent had a will, it’s a good idea to get advice from a wrongful death lawyer in Miami FL. 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 a person is responsible for why someone was lost too soon, it is worth considering filing a case against them. Surviving family members often turn to our Miami, FL wrongful death lawyer for advice about their situation. At Needle & Ellenberg, P.A., we understand that you may be searching for a sense of justice in what happened. You can rely on us to be compassionate, strategic, and relentless in our pursuit of restitution for your suffering. We know that there is not an amount of money in the world that 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 accidents, medical malpractice, pedestrian accidents, and bike accidents, among others. We can assess the incident, investigate further if needed, and let you know if there are grounds for legal action. We can help you identify who the responsible parties are if you are not sure. 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 request compensation for losses they had after their loved one passed away, such as medical bills, lost wages, benefits, and funeral expenses. Compensation will be awarded to the family based on how much the deceased would have contributed to the family in 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 person who passed contributed to or paid for the consistent expenses of a family member or 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.

Needle & Ellenberg, P.A.

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 at Needle & Ellenberg, P.A. 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 achieve a sense of 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 financial impact.
  • Assessing the long-term consequences of the loss, such as loss of income and companionship.
By focusing on these critical elements, we’re able to pursue compensation that reflects the true scope of your loss. This personalized approach ensures every family’s unique needs are addressed.

A Proven Record Of Success

Our team at Needle & Ellenberg, P.A. 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. At Needle & Ellenberg, P.A., we’re 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, 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 will be key to work with a Miami, FL wrongful death lawyer.

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 accounts from witnesses and photographic evidence of the incident or aftermath can also be valuable. Keeping an organized file of all documents ensures critical information is easily accessible when needed.

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 damages that 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 for damages in a wrongful death claim, strong evidence can help to strengthen the argument for fair compensation.

Seek Input From Professionals

A Miami wrongful death lawyer will share that 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 a 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 engage our 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 crucial factor in wrongful death cases, as delays can result in lost evidence or diminished witness availability.

Justice Through Action

Every decision matters when pursuing justice through a wrongful death claim. Working methodically, staying organized, and relying on skilled legal guidance from a personal injury lawyer can significantly strengthen your case. A Miami wrongful death lawyer 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 the rights of our clients. Contact us today for a complimentary consultation to discuss your case and take the first steps toward achieving accountability and justice.
Miami, FL Wrongful Death Lawyer

FAQ On Wrongful Death Law

When a loved one passes away due to another person’s negligence actions, a wake of devastation and grief is often left. When a wrongful death occurs, family members often have legal options to hold the responsible party accountable. Filing a 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. Speaking with a Miami, FL wrongful death lawyer can help families understand their rights and options.

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 bring 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 a wrongful death attorney early can help in assessing the case and understanding deadlines for filing a claim. Additionally, families should avoid speaking with insurance companies without legal representation, as statements made early on can affect the outcome of a claim. Consulting a Miami wrongful death lawyer can provide clarity on how to move forward.

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 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 whether the defendant has a history of similar behavior when determining 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 a fatal injury lawyer can make the process more manageable and help families understand their options. For a combined 50 years, our legal team has been helping victims and their families receive the best legal outcomes possible. Speaking with a Miami wrongful death lawyer is an important step in determining how to proceed. The legal team at Needle & Ellenberg, P.A. can provide guidance and support f

Contact a Wrongful Death Lawyer Miami FL Residents Trust

Like other types of claims, wrongful death claims must be filed in a certain time period. If this lapses, and no claim has been filed, you risk being unable to pursue compensation. The statute of limitations may vary from state to state; therefore, you should act quickly and speak with Needle & Ellenberg, P.A. To schedule your consultation with a Miami, FL wrongful death lawyer has to offer, please call the law offices of Needle & Ellenberg, P.A.

Can I File a Wrongful Death Lawsuit Against a Doctor or Hospital?

Every single day, millions of Americans place their trust in medical professionals. Physicians in both private practice and those employed by hospitals treat patients who are chronically ill, injured and vulnerable, seeking reassurance that everything is okay and those who opt to have elective procedures done. 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 necessarily place in their medical providers, the law insists that providers uphold a specific duty of care to their patients. When this duty of care is breached due to negligence, recklessness or intentional destructive behavior, a patient may generally hold an offending provider accountable under the law. Should that patient perish as a result of their provider’s action/inaction, their family members may be able to file a wrongful death suit with the assistance of an experienced Miami, FL wrongful death lawyer.

Wrongful Death in Medical Negligence Cases

It is important to understand that different states enforce slightly different laws related to wrongful death claims. As a result, it is important to speak with a Miami, FL wrongful death lawyer 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 “for sure” whether your loved one died as a result of medical negligence. As medical malpractice is a legal term, it is important for a Miami, FL wrongful death lawyer to evaluate your situation before you either commit to filing a claim or dismiss the option of filing a claim as “inapplicable” to your situation. Only when your loved one’s circumstances have been investigated by an attorney can you know for sure whether you have sufficient grounds upon which 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 an attorney. Unfortunately, medical providers are not always forthcoming when they have made mistakes.

Medical Negligence Claims Assistance Is Available

If you have recently lost a loved one and you believe that a medical provider’s negligence or recklessness caused or contributed to the cause of your loved one’s death, please consider scheduling a consultation with an experienced Miami, Florida wrongful death lawyer today. Speaking with a member of the legal team at Needle & Ellenberg, P.A. does not commit you to taking any legal action whatsoever. We are simply here to help answer your questions and advise you of your options. Should you choose to file legal action, we can provide experienced guidance and support as you navigate the legal claims process. Taking the step of scheduling a consultation will help to ensure 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.

A Wrongful Death Lawyer for Truck Accident Victims

When you have lost a loved one in a tragic truck accident you may have the right to pursue legal compensation under a wrongful death claim. To learn more right now, please call a Miami FL wrongful death lawyer from Needle & Ellenberg, P.A. 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 serious if not fatal. According to the Insurance Institute for Highway Safety, commercial trucks have the highest rate of fatalities per mile than other other type of vehicles on U.S. roads. Each Miami FL wrongful death lawyer at Needle & Ellenberg, P.A. has extensive experience helping clients who lost a family member to a truck accident recover monetary damages. We know that despite the ability to receive money, a wrongful death claim could help to ease any financial stressors and allow everyone affected to focus on their recovery. Furthermore, by filing a claim you could encourage the negligent party to take responsibility for their actions, and make changes to prevent another accident from happening. Wrongful death claims, especially those that involve commercial trucks, are often complex and may include multiple parties 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 state and federal rules and laws. If any fail to do so, and someone loses their life, a wrongful death lawyer in Miami FL 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 in mind, and that is to make as much profit as possible; therefore, payout minimum settlements. They 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 may very well 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, and 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.
The truth is that you should have a Miami FL wrongful death lawyer on your side who can defend these ruthless statements and protect your rights. Furthermore, you can let a lawyer handle all communications and hurdles while you focus on your recovery; this is very important.

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 fight these claims. If you would like to learn more, please call Needle & Ellenberg, P.A. to speak with a wrongful death lawyer Miami FL clients recommend.  

Understanding Florida’s Wrongful Death Laws

You can learn from a top-rated Miami, FL wrongful death lawyer that such 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 crucial 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 provides the legal framework that dictates who can sue, what damages they may seek, and under which circumstances a wrongful death lawsuit can be initiated. The act allows surviving family memes 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

As you can learn from a Miami wrongful death lawyer, Florida’s Wrongful Death Act explains the compensation that family members can seek for their 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, and 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 usually two years from the date of the person’s death. However, certain exceptions may extend or shorten this timeframe. Therefore, it’s essential to consult with a knowledgeable Miami wrongful death lawyer promptly to understand and preserve your rights.

Why Legal Representation Matters

Attempting to navigate through the legal intricacies of wrongful death claims can be a tedious and intimidating process. Given the emotional turmoil following the loss of a loved one, it can be a tremendous relief to have a seasoned professional handle the legal complexities. This is where the experience and expertise of an experienced lawyer come into play. Having someone who is well-versed in local laws and has a track record of successfully representing similar cases can make all the difference. Choosing a law firm that understands the gravity of the situation and approaches each case with dedication, professionalism, and compassion is vital. Needle & Ellenberg, P.A. is one such firm that has consistently stood by families in their most challenging times, providing the necessary legal guidance.

Take the Next Step Forward

If you or someone you know is grappling with the aftermath of a loved one’s tragic passing due to someone else’s negligence, remember you’re not alone. Do not wait to take action and connect with an experienced and highly skilled Miami wrongful death lawyer who can assist you. 
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