When you are grieving the loss of a loved one, the last thing you want to think about is filing a lawsuit. No amount of money can ever compensate for what you have lost. However, if your loved one died due to another party’s negligence, recovering compensation from those who are liable can help ease some of the financial burdens caused by your family member’s death.
While you are grieving, the people responsible for the death are not waiting around. They already have insurance and defense teams working to deny, delay, and minimize our claim. You need an experienced Miramar injury lawyer to handle all the details of your claim so that you can focus on your family.
At Rosen Injury Law, our wrongful death lawyers have represented injury victims and their families for nearly 20 years and have recovered over $125 million for them. We have the experience, resources, and skills to help you secure maximum compensation for your wrongful death claim.
Call us at (954) 787-1500 or complete the short form on our contact page to schedule a free consultation. We will listen to you, answer your questions, and explain your options.
Why Families Trust Rosen Injury Law With Wrongful Death Claims
- Our compassionate wrongful death claim lawyers handle every claim with respect and dignity while aggressively pursuing maximum compensation for family members.
- Eric Rosen is a double board-certified trial attorney with nearly 20 years of experience protecting injury victims’ rights and supporting grieving families.
- We have a proven record of success, having secured over $125 million in compensation for our clients.
- You get direct access to your attorney and will always know what is happening with your case.
- We handle all wrongful death cases on a contingency fee basis, paying all upfront costs of pursuing your claim, and you pay nothing until we recover for you.
Who Can Recover Compensation in a Florida Wrongful Death Claim
The deceased person’s personal representative can bring a wrongful death claim on behalf of the survivors. Florida Statutes §768.21 provides which family members may recover in a wrongful death claim. They are:
- The surviving spouse
- The decedent’s minor children
- The decedent’s adult children if there is no surviving spouse
- The decedent’s parents, if there are no other surviving family members
If there are no surviving family members, then the decedent’s estate would be the beneficiary of a wrongful death claim. If the wrongful death claim arises out of medical malpractice, then the adult children cannot recover for lost companionship or mental pain and suffering, and the parents of an adult child cannot recover for mental pain and suffering. These restrictions only apply if the death was caused by medical malpractice.
Types of Deaths That Give Rise to Wrongful Death Claims in Miramar
A wrongful death claim can arise from any negligent, reckless, or intentional action or inaction that causes a person’s death. If someone would have had the right to file a personal injury suit if they had survived, then that person’s family members are likely entitled to recover damages in a wrongful death claim.
Some leading causes of wrongful death claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Boating accidents
- Medical malpractice
- Premises liability injuries, including falls or due to inadequate security
- Workplace accidents
- Defective product injuries
- Criminal acts
Comparative Fault in Miramar Wrongful Death Claims
Florida’s modified comparative fault negligence rule, outlined at Florida Statutes §768.81, applies to wrongful death claims. If the decedent is found to be 51% or more at fault, the family recovers nothing. If the decedent is found to be 50% or less at fault, the family can recover compensation reduced by the percentage of fault assigned to the decedent.
For example, if your compensation would have been $100,000 and the decedent is found to be 30% at fault for the accident that caused their death, the family members could still potentially recover $70,000.
Insurance companies work hard to avoid liability and shift blame in all cases. This becomes an even bigger issue in wrongful death claims since the decedent cannot describe what happened or provide testimony about the defendant’s liability.
At Rosen Injury Law, we know how to build your strongest claim from the start and hold insurance companies and defendants responsible. We will work tirelessly to avoid or minimize any fault assigned to your loved one and to recover maximum compensation for you.
How a Miramar Wrongful Death Lawyer Can Help Your Family
In a wrongful death case, the injured person is no longer here to describe what happened or to provide testimony against the parties responsible. It can be much easier for a defendant or their insurance company to try to shift blame for an accident to the deceased victim.
It is more important than ever to have an experienced Miramar wrongful death lawyer fighting for you. They can carefully investigate the accident to identify all possible causes and potentially liable parties. They can take steps to preserve evidence while it is still available and fresh, and can uncover essential facts to build your strongest case.
Your attorney can help establish your family’s damages and provide you with an accurate estimate of what your wrongful death claim is worth. They can aggressively negotiate a fair resolution of your case as quickly as possible. And, if a fair settlement is not offered, they can take your case to trial to demand every dollar you are entitled to.
An experienced Miramar wrongful death lawyer can significantly improve your chances of a successful outcome.
Contact Rosen Injury Law Today
If you have lost a loved one due to another party’s negligence or wrongdoing, we offer our sincerest condolences. We understand that recovering money can not heal your broken heart, but it can help with the unexpected financial burdens you are facing because of your loved one’s death.
At Rosen Injury Law, we have a proven record of securing maximum compensation for our clients, and we are committed to doing the same for you. Call us today at (985) 787-1500 or complete the short form on our contact page and schedule a free consultation to discuss your claim.