Wrongful Death Attorney in Miami FL
If your close relative was killed by the wrongful behavior of someone else, you may have a wrongful death claim against the person or entity who is responsible. In Florida, a wrongful death lawsuit is filed by the personal representative of the deceased person’s probate estate, who is usually a close relative. Damages are mostly shared by family members of the victim.
The types of damages that are available to family members include:
- The value of support and services provided by the victim;
- Loss of companionship and guidance;
- Emotional pain and suffering (if the victim was a child), and
- Medical expenses paid by any family member.
The probate estate itself is entitled to reimbursement for expenses that it paid, such as funeral and burial expenses, as well as lost earnings and accumulations due to the untimely death of the victim.
Types of Wrongful Death Cases
Any personal injury can become a wrongful death claim if the victim dies from his injuries. The types of accidents that can give rise to a wrongful death claim include (but are not limited to):
Car Accidents: Over 35,000 Americans die every year in car accidents – about one person every 15 minutes. Of course, sometimes the accident is the fault of the injured driver, and sometimes the accident is nobody’s fault. In many cases, however, responsibility can be traced to a third party – another motorist, a pedestrian or even a badly-maintained roadway.
Truck Accidents: Because an out-of-control truck is an 80,000-pound rolling missile, truck accidents are far more likely to result in death than accidents involving sedans. Although trucking companies are typically not responsible for the negligence of the truckers who work for them, truckers themselves are almost always heavily insured.
Motorcycle Accidents: Motorcycle accidents are frequently fatal due to a motorcycle’s complete lack of frame protection In a two-vehicle accident, the fault often lies with the other vehicle, due to the fact that many automobile drivers simply don’t watch out for motorcyclists and don’t see them until they hit them.
Slip and Fall Accidents: About 20,000 people fall to their deaths every year in the US – more than half as many as the number of people who die in car accidents. Slip and fall accidents can be resolved under workers’ compensation law or under premises liability law, depending on whether the accident occurred at work.
Brain Injuries: Any of the foregoing type of accidents can result in a brain injury, as can many other types of accidents and intentional injuries. Because the brain functions as the body’s command and control center, brain injuries are frequently fatal.
The Advantages of Hiring a Wrongful Death Attorney
A wrongful death lawyer can help you build your wrongful death claim the way a carpenter builds a house. Although it might not appear to be the case, the complexity of building a viable wrongful death claim can indeed approach the complexity of building a house. A wrongful death attorney can:
- Find Out How Much Your Claim is Really Worth
The biggest obstacle to receiving compensation for the full value of your claim is understanding how much it is worth in the first place. Most claims are paid (or rejected) by insurance companies, and insurance companies just love claimants who don’t know the true value of their claim. We can help you with that.
- Explain the Nuances of Your Claim to You
Wrongful death claims can get surprisingly complicated, and little nuances in the law can make all the difference in your claim. If the victim was partly at fault, for example, how do you calculate the percentage of fault attributable to each party? Can you use the fact that a defendant has repaired a loose handrail to prove that it was dangerous in the first place?
- Calculate the Statute of Limitations Deadline for Your Claim
In most cases, the statute of limitations deadline for filing a wrongful death lawsuit is two years after the victim’s date of death. Certain exceptions apply, however, and it is important that you neither (i) delay a lawsuit beyond the statute of limitations deadline or (ii) abandon plans to file a lawsuit because you mistakenly believe that the statute of limitations deadline has already passed.
- Reach a Generous Private Settlement with the Insurance Company
Insurance company adjusters are crack negotiators, because they negotiate claims for a living. That’s OK, because we do too, and there is no way we are going to fall for any of the tricks they like to use to take advantage of grieving families. NOBODY takes advantage of our clients. We simply won’t allow it.
- File a Formal Complaint with the Court
Although most wrongful death claims are settled privately, sometimes a defendant or an insurance company is stubborn. One of the best ways to change this attitude is to file a lawsuit to show them you mean business. This often stimulates a generous settlement offer, after which point the lawsuit can be withdrawn.
To file a wrongful death lawsuit, you must submit a complaint to the appropriate court.An effective wrongful death complaint must comply with many formal requirements, and it must be persuasive in just the right way. We have drafted many successful complaints before, and we can do the same for you.
- Represent You at Trial
Historically, most of our clients have won settlements. Among those who have gone to trial, however, most have won. Insurance companies know this about us, and our winning trial record alone is usually enough to stimulate them to settle in order to avoid trial.
Call the Wrongful Death Attorneys at DLE Lawyers
The DLE Lawyers wrongful death attorneys serve the families of wrongful death victims throughout South Florida. Even if your loved one survived the accident, our personal injury attorneys can also handle your case. Either way, you are going to need a personal injury/wrongful death lawyer to handle your claim from beginning to end.
If your loved one has been killed for reasons that you suspect may be someone else’s fault, contact our law firm today at (305) 363-7855, any time 24/7, or fill out our online contact form, for a free consultation with our wrongful death attorneys. Remember — if we don’t win, you don’t pay.
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