Miami Wrongful Death Attorneys
When an individual perishes or is killed because of another’s carelessness or misbehavior, as well as murder, the victim’s surviving family members might file a wrongful demise lawsuit. Many wrongful suits follow criminal trials, utilizing identical evidence but with a lesser standard of proof. Nevertheless, somebody found responsible for wrongful demise might or might not be found guilty of a crime connected to that demise. For instance, ex-football star and actor O.J. Simpson was acquitted of murder in 1994 since the prosecution could not prove his guilt beyond a reasonable doubt. However, he was found responsible for the wrongful demise of the two victims in his civil trial because the plaintiffs could corroborate that he was liable by a preponderance of the evidence. A wrongful demise claim might be brought by the lawyer of the deceased person’s estate. Each state has a civil wrongful demise statute, or series of laws which create the protocols for bringing wrongful demise claims. In addition, personal injury lawsuits, intentional pain and suffering, or costs acquired before the deceased person’s demise are brought by the lawyer. The damage from these lawsuits are possessed by the estate and might be given to different parties as dictated by the deceased person’s will.
Florida is one of many states that has statutes which permit beneficiaries to file a lawsuit and recuperate for the deceased person’s wrongful demise. This law is crucial to obtaining compensation for those who have had a family member die because of another’s negligence. Filing a wrongful demise suit is not easy. That is why a person needs the help of a wrongful demise lawyer to ensure that he or she collects the compensation he or she deserves. If a wrongful demise case is tried before a jury, then the individual needs the assistance of a trial lawyer who specializes in wrongful demise claims. In Miami, Fl, there are many law offices who specialize in wrongful demise suits. A person can find just the right wrongful demise law firm that can serve their needs.
Florida Wrongful Demise Lawsuits
According to Florida Statutes section 768.19, when the demise of an individual is brought about by the illegal act, negligence, default, or contractual breach of another individual, or some other entity, the deceased individual’s estate might bring a civil lawsuit in the courts of Florida, pursuing a legal remedy for that demise and the losses originating from it. Legally, only certain people might bring a wrongful demise claim like the deceased person’s parents, spouse, children and/or any other blood relative who was dependent on the deceased person for support or services. In many cases, the statute of limitations for Florida wrongful demise claims is two years from the date of the demise.
Two Common Examples of Florida Wrongful Demise Lawsuits
People depend on the knowhow and experience of medical experts for care and advice that will keep them healthy. While nurses, physicians, surgeons, and other kinds of medical experts are very competent, they are human as well. This suggests that mistakes are made occasionally that can lead to a patient’s wrongful demise. Medical malpractice cases that could result in a wrongful demise lawsuit usually originate from misdiagnosis, taking the easy way out, or failure to appropriately adhere to protocols. If a person dies because of supposed medical negligence, surviving family members might have basis for a claim.
People depend on motor vehicles to get them to and from work, school, and social occasions numerous times per week. Because of their deliberate and malicious indifference for other people’s safety, careless drivers are a typical cause of wrongful demise lawsuits. As texting and driving has turned out to be more usual, so to has the amount of car accidents brought about by a driver’s careless choice to text or check his or her phone rather than keeping an eye on the road. Personal injury and wrongful demise cases are extremely litigated. If the individual has lost a loved one because of injuries that he or she endured in a car accident, employing a wrongful demise attorney can assist him or her in obtaining the best possible result for his or her case.
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Damages That Can Be Recuperated
Compensatory and Punitive Damages
In civil suits, damages are frequently sought. These are financial rewards that are meant to tackle material losses and punish the negligent party for their actions or failure to act. There are two types of damages—compensatory and punitive. Compensatory damages are meant to cover actual financial and material losses that happened because of the accident or incident while punitive damages are meant to penalize negligent parties for their actions connected to the transpired events. In these cases, since there are no material losses, organizing these types of damages can be more difficult.
An example of compensatory damages is when a loved one is killed in a serious car or truck accident. Compensatory damages pursued in a wrongful demise case would be pursued to cover any emergency medical care and related costs before the individual’s demise, funeral expenses, lost future earnings, the emotional distress connected to the demise, and the damage to the vehicle and any good inside of the vehicle. In specific cases, where there is deliberate, careless, and malicious behavior, punitive damages might also be given to the surviving family members. Unlike compensatory damages, there is a restriction to the amount of punitive damages that can be recovered.
Regarding family members, spouses usually have claims for loss of companionship and the spouse’s emotional and even mental pain and suffering that came from the demise. In addition, the deceased individual’s minor children can be given damages for the lost benefits of their relationship with the deceased parent, as well as comfort and support. The only situation in which parents can recuperate are those where their child is still a minor and particularly for their emotional and mental pain and suffering and the lost relationship with the child. Adult children’s parents cannot usually recuperate in most cases.
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