Recovery for Wrongful Death in Miami, Florida
The death of a loved one is never easy to cope with, but when that death is the result of negligence on the part of another individual or entity, their death can be even more difficult to deal with, especially as all of the “what ifs” begin to plague you. “What if they did not go out that night?” “What if I had not asked them to run and get ice cream?” “What if they had just waited an additional ten minutes – would they have been able to avoid the hazard entirely?” The what-ifs can drive a person crazy, but they will never bring a loved one back. And neither will compensation for your loss. However, a wrongful death claim may assist a family that has experienced a significant loss in that it can help them receive some sort of justice, as well as cover any expenses that were a direct result of the loss.
At the Baez Law Firm, our Miami wrongful death attorneys can assist you and your loved ones in recovering damages from a wrongful death, and obtain the closure that you need to move on with your life.
When Can I File a Wrongful Death Claim?
In Florida, according to Florida Statute section 678.18, when an individual’s death is the direct result of negligence or breach of contract of another person or entity, the deceased’s family or loved ones may bring a civil suit against the wrongdoing individual or entity, and seek monetary compensation for the losses that stemmed from it.
What Kind of Damages Can I File For?
According to Florida Statute section 768.21, the deceased’s estate may recover the following types of damages in the event of a wrongful death of a loved one:
- The value of support and services that the deceased individual brought to the family;
- The loss of companionship, guidance, and protection of the deceased individual;
- Mental and emotional damages caused by the death of a loved one;
- Medical or funeral expenses accrued as a result of the wrongful death;
- Lost wages, benefits, or other earnings that the deceased could have been reasonably expected to make had he or she lived;
- Lost prospective net accumulations of the estate; and
- Medical and funeral expenses paid for directly by the estate.
Who May Be File a Wrongful Death Claim in Florida?
In order to file a wrongful death claim, you must have a personal representative of the deceased person’s estate file the claim. A personal representative of the estate may be an individual named as a beneficiary in the deceased person’s will, or, in the absence of a will, a person appointed by the courts. However, just because Florida law dictates that a personal representative of the estate must file the claim, they may do so on the behalf of surviving family members or loved ones.
When Must You File a Wrongful Death Claim in Florida?
In Florida, the statute of limitations on a wrongful death claim is four years, meaning that you must file the claim within four years of when the wrongful death occurred.
Consult a Wrongful Death Attorney
At the Baez Law Firm, our wrongful death attorneys help numerous people throughout Miami and Orlando recover damages for the wrongful death of a family member or loved one. If you have recently suffered the death of a loved one, and if you believe that you are entitled to damages, contact our criminal defense firm at 800-588-BAEZ to schedule a free consultation with one of our Miami wrongful death lawyers today.