Miami Wrongful Death Attorney
Catastrophic Injury Lawyer Serving Miami
Personal injury claims and lawsuits arise when people are injured due to the negligence or intentional acts of others. When such acts cause injury to another person, the actions constitute a “tort” or a civil wrong that provides the basis for a lawsuit. If a court determines that a person is liable or legally responsible for injuring another, that person may be forced to pay the injured person compensatory damages. In a civil system of law, compensatory damages are monies awarded to injured people to “make them whole” or restore them to a condition prior to the injury. In some cases, punitive damages may be awarded to the injured person. Punitive damages refer to money intended to punish wrongdoers and prevent them from harming others in the future. Contact our Miami wrongful death attorneys today for more information and assistance.
Our firm has more than 38 years of experience litigating all types of personal injury claims, including those arising out of:
- Car Accidents
- Truck Accidents
- Medical Malpractice
- Boat & Cruise Accidents
- Premises Liability
- Product Liability
When A Personal Injury Victim Is Wrongly Killed
If, in the unfortunate event, a tort or civil wrong leads to the death of a person, the Florida wrongful death statutes allow a decedent’s beneficiaries to file a lawsuit and recover compensation. The types of damages recoverable in a wrongful death action vary depending on the specific situation. Claimants may recover for burial and funeral expenses, loss of future earnings, loss of benefits, loss of companionship and care, and for mental anguish.
Only certain surviving family members can file a wrongful death action after a loved one is wrongly killed. Wrongful death claims are limited to:
- The estate of the deceased, i.e., the personal representative of the estate.
- The surviving spouse of the deceased.
- The surviving children of the deceased, although there are certain limits on children’s recoveries under a wrongful death action based on medical negligence.
- The surviving parents of the deceased, although there are certain limits on parents’ recoveries under a wrongful death action for an adult child based on medical negligence.
- The surviving blood relatives of the deceased, including adoptive siblings, so long as these individuals were at least partially dependent on the deceased before the deceased was wrongly killed.
Since Florida’s wrongful death statutes are limited to the above identified surviving family members, other surviving family members can be left with nothing except their grief at the loss of their loved one. Unless otherwise provided for in the deceased’s will, girlfriends or boyfriends, aunts and uncles, grandparents, cousins and siblings generally are excluded from seeking recovery through a wrongful death lawsuit.
There are many restrictions and limitations placed on who is able to recover in a wrongful death action, and what those damages can be. For instance, all surviving family members may recover damages for lost support and services from the time of the decedent’s injury until their death. All surviving family members can also seek damages for loss of future support and services. Surviving spouses are further eligible to seek damages for loss of the deceased’s companionship and protection, as well as damages for mental pain and suffering that the surviving spouse endured. Surviving minor children, and all surviving children if there is no surviving spouse, are eligible for damages for lost parental companionship, instruction and guidance as well as damages for mental pain and suffering. Surviving parents can seek damages for mental pain and suffering when the deceased is a minor child. Surviving parents can also seek damages for mental pain and suffering when their adult child is wrongfully killed and there are no other surviving family members.
Wrongful death actions in Florida must be filed within the statute of limitations, i.e., a specified time period in which the claim must be brought, or else the claim will not be heard by the courts. The statute of limitations for a wrongful death case is two years from the death of the victim. Time is of the essence for those surviving beneficiaries who are eligible to seek wrongful death damages from those who are responsible for the loss of their loved one.
Catastrophic injuries and wrongful deaths are life altering events that cause a tremendous amount of physical, emotional, social and financial strain on a person and their loved ones. Our firm understands that individuals and his or her loved ones are immediately concerned with outstanding medical bills, health care treatment, lost wages from missing work, sudden loss of income or benefits, insurance issues and estate issues. Our attorneys provide a full service approach to each client and his or her needs. We will explore all of your options and guide you through the process of obtaining prompt relief and maximized results.
Alan Goldfarb, P.A. will advise you and your loved ones of your legal options. Contact our Miami wrongful death attorneys at 305-371-3111 or toll free at 866-936-9761 to schedule a free consultation with our legal team today!
At the law offices of Alan Goldfarb, P.A., we are AV-rated under Martindale-Hubbell’s Peer Review Rating System. For eight years in a row, we have been included in South Florida Legal Guide’s List of Top Law Firms and Attorneys. Florida Super Lawyers has listed us among its Top 100 Lawyers, and we were named to the Best Lawyers in America in 2007 and 2008.