The death of a loved one is one of life’s most difficult experiences. If your loved one is taken away due to the negligence or wrongdoing of another party, the pain can feel overwhelming.
If you lost a loved one due to another party’s fault in Miami Gardens, you may have the right to bring a civil action to recover damages sustained because of their death. This civil action is known as a wrongful death claim.
A wrongful death claim is separate and distinct from any criminal charges that may or may not be filed against the responsible party.
The Miami Gardens wrongful death lawyers at Rosen Injury Law have a proven record of securing maximum compensation for our clients. Let us help you recover the full compensation you are entitled to.
Call (954) 787-1500 or complete the short form on our contact page to schedule a free consultation to discuss your options.
The Rosen Injury Law Difference
- Our Miami Gardens injury attorneys understand that no amount of money can compensate for the loss of someone you love. However, financial compensation may ease some of the burdens caused by your loved one’s death, and we want to help you secure maximum compensation.
- Our Miami Gardens wrongful death lawyers have a proven track record of securing maximum compensation for our clients, and we are committed to doing the same for you.
- Our experienced Miami Gardens wrongful death lawyers handle every case and every client with dignity, respect, and genuine compassion.
Causes of Wrongful Death in Miami Gardens?
Any negligence or wrongful act that causes the death of someone could give rise to a wrongful death claim. Some of the most common causes of wrongful death in Miami Gardens include:
- Car accidents.
- Motorcycle accidents.
- Truck accidents.
- Boating and water sports accidents.
- Pedestrian accidents.
- Bicycle accidents.
- Aviation accidents.
- Medical malpractice.
- Nursing home and elder abuse or neglect.
- Premises liability injuries, such as slip and fall injuries.
- Animal attacks.
- Drownings.
- Product liability injuries.
- Workplace accidents and incidents caused by third parties.
- Violent attacks, including domestic abuse.
How Do You Prove a Miami Gardens Wrongful Death Case?
Most wrongful death actions are based on negligence. To prove negligence in a wrongful death claim, you must establish that four elements exist:
- The defendant owed your loved one a duty of care.
- The defendant breached their duty of care by their negligent action or inaction.
- The defendant’s breach of duty was the cause of your loved one’s death.
- You suffered damages caused by your loved one’s death.
Insurance companies will attempt to deny or devalue your claim. If they can shift the blame for the accident to your deceased loved one, they will.
Florida follows a modified comparative negligence model. As outlined by Florida Statute §768.81(6), with rare exceptions, a party cannot recover damages if they are more than fifty percent at fault for the accident that caused their death.
Additionally, for every percentage point of fault the defendant can shift to your loved one, they will pay less in damages. For example, if your loved one is determined to be 40% at fault for the accident that caused their death, you could still recover damages, but it would be reduced by 40%. If your damages totaled $100,000, you would only be able to recover $60,000 after deducting your loved one’s percentage of fault.
What Evidence Do You Need in a Wrongful Death Claim?
The evidence we use to prove a wrongful death claim varies widely depending on the facts of your loved one’s death. However, in many cases, we use:
- Photographs and video footage of the accident scene and of injuries.
- Eyewitness account.
- Industry expert witness testimony and reports to help prove how the accident occurred.
- Medical and economic expert testimony and reports.
- Proof of income.
- Medical records.
- Accident or police reports.
- Maintenance records for property, equipment, or vehicles.
Our Miami Gardens wrongful death lawyers carefully select the strongest evidence to build your case and help you recover maximum compensation.
Can I File a Miami Gardens Wrongful Death Claim?
As outlined in Florida Statutes §768.20, the decedent’s personal representative may file a complaint to recover compensation on behalf of all beneficiaries and the decedent’s estate. The beneficiaries may include:
- The surviving spouse.
- The decedent’s children.
- The decedent’s parents.
- The decedent’s siblings.
- Others who were dependent on the decedent for financial support.
If you fall into one of these survivor categories, you may be able to recover compensation. You should promptly consult an experienced Miami Gardens wrongful death lawyer to understand your rights.
What Damages Can Be Recovered in a Miami Gardens Wrongful Death Claim?
Florida Statutes §768.21 outlines what compensation may be recovered by the decedent’s survivors and estate.
The specific facts of each wrongful death claim will determine who collects and in what amounts. Some of those facts include the decedent’s life expectancy, their probable net income available to each survivor, the value of the decedent’s services to the survivor, and the joint life expectancies of the survivor and decedent. For minor children, their age influences the amount of compensation they may recover.
The decedent’s surviving spouse may recover for the loss of the decedent’s companionship and protection, and for their own emotional pain and suffering. Minor children, and adult children if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance, and for mental pain and suffering.
Parents of a deceased minor child may recover for mental pain and suffering. If there are no other survivors, parents of an adult child may be able to recover for their mental pain and suffering.
Additionally, the decedent’s personal representative may recover for the decedent’s estate damages that the decedent could have recovered had they not died.
Why Do I Need to Hire a Miami Gardens Wrongful Death Lawyer
A Miami Gardens wrongful death lawyer can investigate the accident or incident that caused your loved one’s death to identify causation and liability. They can take action to preserve evidence before it is lost or destroyed, and they can conduct discovery to uncover evidence to build your most substantial claim.
Your attorney can help establish and accurately value your damages and negotiate to reach a fair settlement of your claim as quickly as possible. If a fair settlement cannot be reached, they can take your case to trial to help you secure the compensation you are owed.
Schedule A Free Consultation With a Miami Gardens Wrongful Death Lawyer From Rosen Injury Law
If you lost a loved one due to another party’s negligence or wrongful conduct, we want to help you. Our Miami Gardens wrongful death lawyers have helped secure over $125 million for our clients, and we are committed to securing maximum compensation for you.
Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your claim.