What Is a Wrongful Death Claim?

If a person dies due to another party’s carelessness, negligence, or intentionally harmful actions, a wrongful death claim is a civil proceeding that allows immediate surviving family members to seek compensation. The purpose of a wrongful death claim is to redress economic and non-economic losses resulting from a preventable death.

Wrongful death claims are separate from any criminal prosecution the at-fault party might face. If a drunk driver faces criminal charges for a fatal crash, this does not preclude the decedent’s family members from holding the driver accountable via a wrongful death suit.

What Compensation Is Available in a Wrongful Death Claim?

Family members can incur substantial financial expenses in the lead-up to a loved one’s death and the aftermath. They will also endure other types of loss that can feel impossible to measure. As such, Florida law allows survivors to seek compensation for the value of the current and future loss of support and services resulting from their loved one’s death.

Depending on a survivor’s relationship with the decedent, the at-fault party may owe you compensation for:

• Loss of the decedent’s companionship and protection
• Mental pain and suffering
• Loss of parental companionship, instruction, and guidance
• Medical or funeral expenses due to the decedent’s injury or death

Additionally, the decedent’s personal representative could seek compensation for the decedent’s estate.

These losses might include:

• Loss of the decedent’s earnings from the date of injury to the date of death
• Loss of prospective net accumulations of an estate
• Medical or funeral expenses due to the decedent’s injury or death

State law stipulates that the specific compensation each survivor may seek depends on their relationship with the decedent:

• Spouse. A surviving spouse can claim compensation for the loss of companionship and protection they have suffered due to losing their spouse, in addition to mental pain and suffering.
• Minor children. Dependent children can seek compensation for the loss of parental instruction, companionship, and guidance, in addition to mental pain and suffering.
• Parents of a minor child. Parents who have lost a minor child due to wrongful death can claim compensation for the psychological pain and suffering they have endured since the date of the fatal accident.
• Parents of an adult child. If there are no other survivors, each parent of an adult child who dies due to wrongful death has the right to seek compensation for their psychological pain and suffering.

Speak to your attorney for more details about the type and value of compensation for which you may be eligible in your wrongful death claim.

Causes of Death in Wrongful Death Claims

Surviving family members have the right to file a wrongful death claim in various circumstances. The experienced legal team at Redemption Law has experience successfully fighting for clients whose loved ones lost their lives in the following situations:

Accidents

According to the Centers for Disease Control and Prevention (CDC), preventable accidents are one of the leading causes of death across the United States. More than 200,000 people died in the U.S. in one recent year due to unintentional injuries, according to the CDC. Motor vehicle traffic deaths accounted for more than 45,000 deaths nationwide in one recent year.

The Miami wrongful death lawyers at Redemption Law will fight aggressively for family members who lost loved ones in:

• Car accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Boat and watercraft accidents
• Construction accidents

Medical Malpractice

Everyone who seeks medical attention from a medical professional has the right to assume that the doctor’s care will not cause them harm. When these professionals do not live up to an acceptable standard, their negligence can result in a tragic and preventable loss of life.

If your loved one died due to medical malpractice, unsafe medical devices, or dangerous drugs, the legal team at Redemption Law could help you seek compensation for your losses.

Property Owner Negligence

All property owners must maintain safe conditions for visitors on their premises. If your loved one suffered fatal injuries due to a property owner’s negligence, we could file a wrongful death claim under premises liability laws.

In a premises liability case, the at-fault party or entity might include:

• A property owner
• A business owner
• A building manager
• A mass transit authority
• A government entity
• A renter of a residential property

These parties and entities may be liable for your loved one’s death under various circumstances.

Some of the most common causes of wrongful death from property owner negligence include:

• Slip and fall accidents
• Dog bites or other animal attacks
• Swimming pool drownings
• Violent crimes due to negligent security
• Fires and explosions
• Accidents due to dangerous working conditions
• Daycare accidents
• Accidents due to poor maintenance at nursing homes or hospitals

Wrongful death cases arising under premises liability law can present challenges for surviving family members. The legal team at Redemption Law has the experience and track record of success you can count on to handle your wrongful death claim, no matter how complex.

Faulty Products

Product designers and manufacturers are responsible for conducting extensive tests on their goods before releasing them onto the market. Nevertheless, far too many injuries occur due to dangerous and defective products.

Redemption Law could help you recover compensation if your loved one died because of:

• Malfunctioning airbags, seatbelts, brakes, or other auto components
• Toxic chemicals in agricultural or household products
• Contaminated food
• Design or manufacturing flaws in machinery or tools
• Faulty recreational equipment
• Appliance malfunctions
• Harmful toys
• Unsafe furniture

Violence

If your loved one has died due to another individual’s reckless disregard for human life, the at-fault party may already face criminal charges. Nevertheless, your family might be eligible to bring a civil case against the person responsible for your loved one’s death. Criminal charges typically do not preclude surviving family members from filing a wrongful death claim in civil court.

Statute of Limitations for Wrongful Death Claims in Miami

Florida law imposes strict time limits on filing wrongful death lawsuits. In most cases, you must file a lawsuit within four years of the date of your loved one’s death.

However, if your suit involves medical malpractice, you typically have only two years to file. The court might allow extra time to file a medical malpractice suit in a case where the healthcare provider behaved fraudulently or intentionally concealed evidence, causing a delay in discovering the cause of your loved one’s death.

Investigating the circumstances of a wrongful death takes more time than many claimants realize. Those who do not file a lawsuit before the statutory deadline may forfeit their right to seek compensation for their loved one’s death in civil court. As such, you should speak with an experienced Miami wrongful death attorney as soon as possible so they can begin working on your case.

How an Experienced Miami Wrongful Death Attorney Can Help

The process of filing a wrongful death claim is full of legal complications. Those who attempt to file on their own can face a great deal of confusion and frustration. If you have recently lost a loved one in an unexpected incident, you probably already have more than enough stress from handling your loved one’s final arrangements.

A compassionate and knowledgeable wrongful death attorney will take care of your case for you so that you can focus on the things in your life that need your utmost attention.

If you believe your case will qualify for a wrongful death claim, speak to a member of the legal team at Redemption Law.

We can help you by:

• Listening attentively to your story so we can understand what steps to take to help
• Investigating the accident thoroughly so we can determine the cause of your loved one’s death and whom we should hold accountable
• Working with accident reconstructionists to develop evidence for your claim
• Consulting with medical experts who can provide valuable insights into a medical malpractice claim
• Calculating the value of the losses you have suffered because of your loved one’s passing
• Determining all sources of insurance that can help redress your losses
• Negotiating aggressively with insurers to secure the compensation you deserve
• Taking the at-fault party to court if the insurance company is unwilling to pay out what they owe

We understand the challenges that you have faced since your loved one’s death, and we will take care of all the hard work, so you do not have to. We will also inform you of your case’s progress and offer guidance on any decisions you might need to make at each juncture. 

How Long Do Wrongful Death Cases Take?

While our team promises to work as effectively and efficiently as we can, wrongful death cases rarely conclude swiftly. They can take several months to resolve, requiring substantial resources at each step. As such, you need a law firm with the experience and resources to handle your wrongful death case until its successful resolution.

The seasoned legal team at Redemption Law has what it takes to secure the compensation you deserve. Our firm handles wrongful death claims on a contingency fee basis, meaning that you will only pay us when we successfully recover a financial award on your behalf.

Contact Our Miami Wrongful Death Attorney

You deserve compensation for your losses if you have lost a loved one in a preventable accident or through another party’s misconduct. The experienced and compassionate Miami wrongful death team at Redemption Law will fight to hold those responsible to account.

We understand that legal action cannot erase the pain of losing someone you love. Yet seeking justice can help you meet the financial challenges you have faced since the fatal accident. It can also help send a message that the defendant’s actions were unacceptable, which may prevent another family from suffering a similar loss. Reach out to a Miami personal injury lawyer.

Call Redemption Law today at (305) 465-3425 or contact us online for a free consultation with a Miami wrongful death attorney to learn more about how we can help you.