It is always difficult for a family to lose a loved one, and the pain and suffering that the deceased may have suffered is sometimes substantial. In some cases, that death may have been caused by someone’s negligence, and the negligent party may be liable to the surviving family members for legal damages.

To pursue a wrongful death case, family members and their accident attorney must evaluate whether the defendant would have been responsible for injuries if the decedent survived the incident.

A Miami wrongful death lawyer could help bring comfort and financial stability to the surviving family members by investigating the nature of the death and assembling a strategy to pursue compensation from the responsible party or parties.

Appropriate Causes for Wrongful Death Suits

According to Florida Statute §768.19, a wrongful death lawsuit is appropriate when the decedent would have been able to recover personal injury compensation had they survived the accident.

Wrongful death claims often occur from:

  • Car, truck, motorcycle, or bicycle accidents
  • Defective product claims
  • Nursing home abuse or neglect cases
  • Medical malpractice claims
  • Premises liability cases

To prevail in a wrongful death case, a plaintiff needs to show that the defendant in the matter was at-fault for the core cause of action listed above. A Miami wrongful death lawyer could help to identify a cause of action connecting the defendant’s actions to the death of your loved one.

Who May File a Wrongful Death Lawsuit?

Normally, the plaintiff in a personal injury case is the person who has suffered the harm. However, in a wrongful death suite, this is impossible. Instead, Florida Statute §768.20 says that only the decedent’s personal representative may serve as the plaintiff in a wrongful death action.

Furthermore, Florida Statute §768.21 provides that the personal representative brings the claim on behalf of the decedent’s family. These claims may demand compensation for a variety of losses, including:

  • Lost support and service of the decedent
  • Lost companionship and protection of the decedent
  • Mental pain and suffering of the surviving family members
  • Medical and funeral expenses

There is no upper limit to damages in a wrongful death case, and a jury may award compensation in any amount that it sees fit. A Miami wrongful death lawyer could help personal representatives to pursue claims for an appropriate value.

A Miami Wrongful Death Attorney Could Help a Family to Secure their Future

An untimely death always places a great strain on a family, both emotionally and financially. The loss of a wage earner could cripple a family’s future. Pursuing a wrongful death claim can bring essential monetary relief as well as put an end to this painful chapter in your life.

A Miami wrongful death attorney could help families to pursue timely and effective wrongful death claims. Contact a Miami wrongful death attorney today to schedule your consultation.

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