There is nothing more tragic than the loss of a loved one, especially when that loss could have been prevented. Our Miami wrongful death lawyer understands just how devastating a wrongful death can be. Our firm also knows you are feeling confused, helpless, and angry.
If one of your family members has passed as a result of medical malpractice or any other type of accident that could have been avoided, there’s no doubt you have many questions. In an effort to help you through this difficult time, our wrongful death attorney in Miami offers answers to some of our clients’ frequently asked questions.
What constitutes a wrongful death?
A wrongful death is any death that occurs as a result of someone else’s negligence, that is, the death could have been prevented had the person responsible acted appropriately or taken the proper precautions. In the state of Florida, you are granted a 2-year period from the date of the death of your loved one to file a wrongful death claim. If your loved one passed away more than two years ago, there may be an exception to extend this time.
Is establishing an estate necessary to file a claim?
Many of our clients wonder whether they have to set up an estate to file a medical malpractice or any other type of wrongful death claim. It is in your best interest to speak to an attorney who has experience with wrongful death so your claim can be properly evaluated. If it turns out that you can file a wrongful death claim, you will have to set up an estate.
Are there specific laws that pertain to wrongful death as a result of medical malpractice?
In the state of Florida, there are special exceptions within the wrongful death statutes, and these exceptions are specifically for medical providers. With these exceptions, if you are the mother or father of the deceased and the cause of death was medical malpractice, the defense will try and prevent you from recovering damages. Only a surviving spouse or a child under the age of 25 who is still dependent on the deceased will be able to receive damages.
Who is eligible to file a wrongful death claim?
In the state of Florida, to file a wrongful death claim, you must be directly related to or dependent on the deceased. However, it is important to keep in mind that while you may be able to file a claim, you may not be entitled to damages. As mentioned above, only surviving spouses or children who are under the age of 25 and were dependent on the deceased will receive damages.
Contact a Personal Injury Attorney in Miami
If a loved one has perished as a result of a wrongful death accident, contact our Miami personal injury lawyer as soon as possible. Our attorney can help determine whether or not you have a case and if so what type of damages you will be able to receive.
We understand the hardship you are going through, and we will help you get justice for your loved one.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Wrongful Death Attorney.