Miami Wrongful Death Lawyer

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.

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.